Court : Supreme Court of India
Decided on : Sep-30-1985
Reported in : AIR1986SC137; 1985(2)SCALE933; (1986)1SCC465; [1985]Supp3SCR264
D.P. Madon, J.1. This Appeal has been filed pursuant to a certificate granted by the Calcutta High Court against its judgment and order dated December 16, 1969, in Appeal No. 165 of 1968. The certificate has been given by the High Court under Sub-clauses (a) and (c) of Clause (1) of Article 133 prior to the substitution of that clause by a new Clause (1) by the Constitution (Thirtieth Amendment) Act, 1972. The grounds on which the certificate has been given are (i) that the value of the subject-matter in dispute in the court of the first instance and still in dispute on appeal was and is not less than Rs. 20,000 and that as the judgment in appeal was one of affirmance, the appeal involves a substantial question of law, and (ii) that the case was a fit one for appeal to the Supreme Court. The High Court observed:The appeal raises a question of great importance in Trade Marks Law, that is to say whether a proprietor of a trade mark who intends to use it solely by a registered user is ent...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-11-1985
Reported in : AIR1985SC1416; (1985)87BOMLR563; (1985)3CompLJ45(SC); [1985(51)FLR362]; (1985)IILLJ206SC; 1985(2)SCALE133; (1985)3SCC398; [1985]Supp2SCR131; 1985(2)SLJ145(SC)
D.P. Madon, J.1. The above Appeals by Special Leave granted by this Court and the above Writ Petitions filed either in this Court under Article 32 of the Constitution of India or in different High Courts under Article 226 and transferred to this Court raise a substantial question of law as to the interpretation of Articles 309, 310 and 311 of the Constitution and in particular of what is now, after the amendment of Clause (2) of Article 311 by the Constitution (Forty-second Amendment) Act, 1976, the second proviso to that clause.The Genesis of the Appeals and Writ Petitions2. To understand what questions fall for determination by this Court in these Appeals and Writ Petitions, it is first necessary to sketch briefly how they have come to be heard by this Constitution Bench.3. Article 311 of the Constitution confers certain safeguards upon persons employed in civil capacities under the Union of India or a State. The first safeguard (which is given by Clause (1) of Article 311) is that s...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-19-1985
Reported in : AIR1986SC421; AIR1986SC421a; 1986(24)ELT193(SC); [1986]157ITR665(SC); 1985(2)SCALE1416; (1986)1SCC523; [1985]Supp3SCR850; 1986(1)LC179(SC)
Sabyasachi Mukharji, J.1. The main question involved in these appeals, is the question of jurisdiction of the High Court, to grant stay or pass interim orders in pending references Under Section 66 of the Indian Income-Tax Act, 1922 (hereinafter called the Act of 1922) and Section 256 of the Income Tax Act, 1961 (hereinafter called the Act of 1961). These appeals are by special leave from the judgments of the High Courts. The main judgment is the judgment of the Delhi High Court in the case of L. Bansi Dhar and Sons v. Commissioner of Income-Tax, New Delhi (C.A. No. 1668/78). The question arose in applications filed by the assessee Under Section 151 of CPC in two Income-tax References Nos. 82 and 83 of 1973 relating to the assessment years 1960-61 and 1962-63 respectively praying that the High Court might be pleased to grant an order of injunction for restraining the Commissioner of Income-tax (I), Central Revenue Building, and/or his subordinate officers including the Income-tax Offic...
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-04-1985
Reported in : AIR1986SC63; 1985(2)SCALE641; (1986)1SCC414; [1985]Supp3SCR342; [1986]61STC165(SC)
V.D. Tulzapurkar, J.1. These Writ Petitions and the Civil Appeal raise a common question of law, namely, whether sales tax can be levied by a State Legislature on the sale of the Lottery Tickets in the concerned State2. The facts giving rise to the aforesaid question lie in a narrow compass and in the writ petitions the question arises out of the levy imposed for the first time on such sales of lottery tickets by an amendment made in the Tamil Nadu General Sales Tax Act 1959 with effect from January 28, 1984 while in the civil appeal it arises out of a similar levy imposed for the first time by making suitable amendments in the Bengal Finance (Sales Tax) Act, 1941 with effect from May 1, 1984.3. Indisputably the subject of 'Lotteries' organised either by the Government of India or by the Government of a State falls within the Union List (Entry 40 of List I) but in the absence of any law having been enacted by the Parliament on the subject the running of lotteries could be done by the G...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-01-1985
Reported in : AIR1985SC488; 1985(33)BLJR307; 1985(1)SCALE383; (1985)2SCC294; [1985]3SCR150; 1985(1)SLJ658(SC); 1985(17)LC849(SC)
1. This is representative action brought on behalf of the Contract Labourers, working with the Food Corporation of India, the first respondent in the writ petition, distressed by the unhelpful attitude of both the Central and the State Government in not redressing their grievances for either departmentalising them or in the alternative extending to them the benefit of the Contract Labour (Regulation and Abolition) Act, 1970 (for short 'The Act'). The petitioners complaint is that the Central and the State Governments play hide and seek, one pointing to the other as the appropriate Government under the provisions of the Act and thus denying to them what is their dues.2. The first respondent is the Food Corporation of India (herein after called 'The Corporation') ; the second respondent : Union of India; the third respondent: Chief Labour Commissioner (Central) and respondents 4 to 22, various State Governments. The Corporation has been entrusted by the second respondent with the duty of...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-11-1985
Reported in : AIR1985SC915; 1985(33)BLJR343; [1985(51)FLR71]; 1985LabIC1001; (1985)IILLJ187SC; 1985(1)SCALE713; (1985)3SCC189; [1985]3SCR686; 1985(2)SLJ108(SC); 1985(17)LC939(SC)
1. In this group of writ petitions, the only point of law canvassed is whether the appropriate Government was justified in declining to make a reference of an industrial dispute arising out of the termination of service of each of the petitioners for adjudication to Industrial Tribunal/Labour Court under Section 10 of the Industrial Disputes Act, 1947.2. Writ Petition Nos. 16256-2984: Four petitioners were the workmen employed by the second respondent Hyderabad Asbestos Cement Production Ltd. ('employer' for short). The employer on April 11, 1983 issued charge-sheet in identical in identical terms to all the four petitioners calling upon them to show cause within 48 hours of the receipt of the charge-sheet as to why suitable disciplinary action should not be taken against each of I hem. The charge-sheet referred to an incident that occurred on 11th April, 1983 at 8.15 A.M. between two groups of workers presumably owing loyalty to rival unions. The misconduct alleged against each petiti...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-23-1985
Reported in : AIR1985SC956; 1985(1)SCALE1186; (1985)3SCC387; [1985]3SCR890; 1985(17)LC961(SC)
ORDER :The Government hereby ratify the conclusions arrived at the meeting held at Hyderabad on 7th November, 1969 between the representatives of the Governments of Mysore and Andhra Pradesh in regard to the operation of road transport services on inter-State routes between the two States as appended to this order.2. The Transport Commissioner is requested to take necessary further action in consultation with the Transport Commissioner, Mysore and report to the Government, the action taken.5. No notification was, however, issued under Section 9(1) of the Act cancelling the exemption which had been granted earlier in respect of the motor vehicles which were operating on certain inter-State routes including the motor vehicles of the appellants. A demand was, however, made by the concerned officers in the State of Andhra Pradesh asking the appellants to pay tax under the Act with effect from January 1, 1970. Aggrieved by the said notices of demand, the appellants filed writ petitions unde...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-08-1985
Reported in : AIR1985SC1495; 1985(1)SCALE832; 1985Supp(1)SCC714; [1985]Supp1SCR352
..... may not be challenged on the ground of being discriminatory. objects and reasons statement of the constitution (first amendment) act,1951 section 2 thereof provided for addition to sub-article (4) of article 15 for a period of three and a half ..... reached their positions through reservations. (such allegations are constantly repealed although they are patently false; in the finals at the postgraduate level, the minimum qualifying marks are identical for all ..... its constituent parts and organs of government, are derived from the people; and(5) wherein shall be guaranteed and secured to all the people of india justice, social, economic and political; equality of status, of opportunity, and before the law ..... apply any rigid tests. one may have to look at the generality and the totality of the situation.39. we do generally understand what we mean when we talk of the richer classes, the poorer ..... snatched away by the top creamy layer of the backward castes. this has to be avoided at any cost.29. if poverty is to be the criterion for determining social and educational backwardness, we must deal ..... pure and impure occupations must likewise, be kept separate. louise dumont- home hierachicus [1970] there are four essential features of the caste system which maintained its homo hierachicus ..... all catses, groups and communities provided the two tests namely, occupation test and income test are satisfied.150. next comes the vexed question relating to the extent of reservation that can be made under article .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-10-1985
Reported in : AIR1986SC180; 1985(2)SCALE5; (1985)3SCC545; [1985]Supp2SCR51
Y.V. Chandrachud, C.J.1. These Writ Petitions portray the plight of lakhs of persons who live on pavements and in slums in the city of Bombay. They constitute nearly half the population of the city. The first group of petitions relates to pavement dwellers while the second group relates to both pavement and Basti or Slum dwellers. Those who have made pavements their homes exist in the midst of filth and squalor, which has to be seen to be believed. Rabid dogs in search of stinking meat and cats in search of hungry rats keep them company. They cook and sleep where they ease, for no conveniences are available to them. Their daughters, come of age, bathe under the nosy gaze of passers by, unmindful of the feminine sense of bashfulness. The cooking and washing over, women pick lice from each other's hair. The boys beg. Menfolk, without occupation, snatch chains with the connivance of the defenders of law and order; when caught, if at all, they say : 'Who doesn't commit crimes in this city?...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-01-1985
Reported in : II(1985)ACC184; AIR1985SC493; 60(1985)CLT99(SC); 1985(1)SCALE376; (1985)2SCC636; [1985]3SCR1; 1985(17)LC838(SC)
1. These three appeals are directed against the common judgment rendered by the High Court of Orissa at Cuttack in three writ petitions styled as C.J.C No. 381, 182 and 881, all of 1976 g moved by the appellants in these appeals. A common question of law permeates these three appeals and therefore, factual matrix will be extracted from C.A. No. 2499/78 filed by one Mr. Ashutosh Swain as representative of the facts necessary for disposal of these appeals.2. State Transport Authority, Orissa issued an advertisement dated June 24, 1974 inviting applications in the prescribed form for endorsement in the permit of the motor cabs or omnibuses enabling the holders of the permit to ply the vehicle as a tourist vehicle with all-India operation. In other words, applications were invited from the operators for all-India tourist permit. The last date for receiving the applications was July 13, 1974 In response to the advertisement number of intending operators including the appellants in these app...
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