Court : Supreme Court of India
Decided on : Apr-16-1991
Reported in : AIR1991SC140; [1991]72CompCas651(SC); (1991)2CompLJ1(SC); JT1991(2)SC218; 1991(1)SCALE675; (1991)3SCC153; [1991]2SCR329
B.C Ray, J1. One Mr. Haresh Jagtiani, a practising advocate of the High Court of Bombay and a policy-holder under the Life Insurance Corporation of India and also holder of units issued by the Unit Trust of India and Mr. Shamit Majumdar, a holder of shares and debentures of Larsen & Toubro Ltd. filed a writ petition being No. 2595 of 1980 in the High Court of Judicature at Bombay against the Union of India and Ors. including the financial institutions questioning the legality and validity of the consent given by the Controller of Capital Issues for the proposed issue of convertible secured debentures aggregating Rs. 820 crores by Larsen & Toubro Limited insofar as the said issue seeks to offer such convertible debentures to persons other than the existing shareholders and members and the employees of Larsen & Toubro Limited and praying for quashing the same as well as for a declaration that the transfer of 39 lakh shares of Larsen & Toubro Ltd. held by Unit Trust of India, Life Insuran...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-02-1991
Reported in : AIR1991SC1260; 1991(2)BLJR767; (1991)2CompLJ197(SC); 1991CriLJ1438; 1991(2)Crimes113(SC); JT1991(2)SC147; 1992Supp(1)SCC222; [1991]2SCR1; 1992SCC(Cri)192
Kuldip Singh, J. 1. The Bihar State cooperative Marketing Union Limited (BISCOMAUN) (hereinafter called 'BISCO') is an apex body operating in the State of Bihar. It is a federation of Cooperative Societies and its primary function is to supply fertiliser to farmers through its depots and godowns numbering about 550, spread-over the State of Bihar.2. Shri P.P. Sharma, IAS took over as Managing Director of BISCO on May 26, 1986 and continued to hold the said office till June 14, 1987. From December, 31, 1986 to June 14, 1987 he was also Secretary, Department of Cooperative, Government of Bihar and Registrar, Cooperative Societies, State of Bihar. G.D. Mishra was working as Advisor to BISCO during 1986-88. He resigned from the said post on August 3, 1988. It may be mentioned that one Tapeshwar Singh was the Chairman of BISCO during the above said period.3. M/s. Rajasthan Multi Fertiliser Pvt. Ltd., Udaipur, Rajasthan (hereinafter called the 'firm') was holding a Certificate of Registratio...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-30-1991
Reported in : AIR1991SC1605; 1991LabIC1525; (1994)IIILLJ583SC; 1991Supp(2)SCC404
1. This is an appeal from a, decision of the High Court of Orissa which allowed the claim of the respondent for appointment as a Medical Officer in Homeopathic Dispensary.2. The respondent is a registered Homoeopathic Practitioner within the meaning of Section 21 of the Orissa Homoeopathic Act, 1956 which is hereinafter referred to as the 'State Act'. There is also a Central enactment called Homoeopathic Central Council Act, 1973 (Act No. 59 of 1973) on the same subject, which is hereinafter referred to as the 'Central Act.'3. The respondent was originally holding the post of Distributor and thereafter he was appointed as Medical Officer in a Homoeopathic Dispensary. After coming into force of the Central Act, the respondent was reverted to his original post of Distributor. The reversion was based perhaps on the ground that the respondent was not duly qualified to hold the post of Medical Officer in the dispensary in view of the bar imposed either by the Central Act or by the State Act...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-14-1991
Reported in : [1991(63)FLR549]; JT1991(3)SC525; 1991(2)SCALE325; (1991)4SCC171; [1991]3SCR595a; 1991(2)LC519(SC)
ORDERRanganath Misra, C.J.1. The main application is under Article 32 of the Constitution while the Contempt Petition and the Interlocutory Applications in the connected Writ Petition are for orders and directions. The common aspects in all the three proceedings are that the petitioners before this, Court are Research Scholars connected with Projects entrusted to different Institutions. They are before the Court for security of employment and improvement of conditions of service.2. In Writ Petition 999 of 1988, along with Writ Petition No. 1043 of 1989 we gave our judgment on March 22, 1990. We then indicated; The Institute set up by Statute is intended to carry on research in a continuous way to improve the level of medical knowledge. Under the Act the Institute is an autonomous body though the Chairman thereof is no other than the Union Minister of Health. It is true that the Institute is entrusted from time to time with research projects by the World Health Organisation, the Indian ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-03-1991
Reported in : I(1992)ACC332; AIR1992SC248; (1991)3CompLJ213(SC); JT1991(6)SC8; 1991(2)SCALE675; (1991)4SCC584; [1991]Supp1SCR251; 1992(1)LC505(SC)
Ranganath Misra, C.J.1. I entirely agree with my noble and learned Brother Venkatachaliah and hope and trust that the judgment he has produced is the epitaph on the litigation. I usually avoid multiple judgments but this seems to be a matter where something more than what is said in the main judgment perhaps should be said.2. Early in the morning of December 3, 1984, one of the greatest industrial tragedies that history has recorded got clamped down on the otherwise quiet township of Bhopal, the capital of Madhya Pradesh. The incident was large in magnitude - 2,600 people died instantaneously and quite a good number of the inhabitants of the town suffered from several ailments. In some cases the reaction manifested contemporaneously and in others the effect was to manifest itself much later.3. Union Carbide Corporation ('UCC for short), a multi-national one, has diverse and extensive international operations in countries like India, Canada, West Asia, the Far East, African countries, L...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-27-1991
Reported in : AIR1991SC2150; 1992(2)BLJR803; (1992)2CompLJ315(SC); JT1991(4)SC276; 1991(2)SCALE670; (1991)4SCC406; 1992Supp(1)SCC16; [1991]Supp1SCR219
ORDERV. Ramaswami, J.1. In this petition under Article 32 of the Constitution, the petitioners have questioned the constitutional validity of Section 5 of the Poisons Act, 1919 (12 of 1919) (hereinafter called 'the Act'). The grounds on which the vires of the provisions is attacked are that the section gives an unguided, unchanellised and arbitrary power to the State Government to include any substance as poison for the purpose of restriction to be imposed on the possession for sale and sale of the same. It was further contended that the restriction imposed on possession for sale and sale were not reasonable restrictions. The petitioner's have also taken the plea that though the Act is a Central enactment it is possible of unjust and unjustified discriminatory application as it is left to each State Government to determine what substance they would include as poison and regulated and the decision in one State to include the substance as poison is not automatically made applicable to th...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-29-1991
Reported in : AIR1991SC564; 1991CriLJ664; JT1991(1)SC282; 1991(1)SCALE91; (1991)1SCC654; [1991]1SCR182; 1991(1)LC684(SC); (1991)1UPLBEC325
ORDERK. Jayachandra Reddy, J.1. Whether a personal hearing is required before disposing of a petition filed under Section 117(2) of The Border Security Force Act, 1968 ('Act' for short) against an order of the Summary Security Force Court? This in short is the question involved in this appeal filed by the Union of India. 2. The facts that give rise to this appeal may be noted at the outset. The sole respondent who was working as Mounted Constable in the Border Security Force ('BSF' for short) was charged for an offence under Section 31(b) of the Act for extracting a sum of Rs. 14,000 from a person without proper authority. A chargesheet was issued to the respondent. The evidence in support of the same was recorded. Thereafter a Summary Security Force Court as provided under the Act was constituted and the respondent was put on trial on 17.2.1988. During the recording of the evidence, though the respondent was given an opportunity to cross-examine the witnesses he declined to do so and ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-22-1991
Reported in : AIR1992SC457; JT1991(4)SC413; 1992LabIC75; (1992)ILLJ289SC; 1991(2)SCALE1081; (1992)1SCC695; [1991]Supp2SCR401
ORDERYogeshwar Dayal, J.1. These appeals raise a question of the scope and effect of failure of compliance with Section 7 and/or Section 12 of the Contract Labour (Regulation and Abolition) Act, 1970 (hereinafter referred to as 'the Act').2. The question involved is that if the principal employer does not get registration under Section 7 of the Act and/or the Contractor does not get a licence under Section 12 of the Act whether the persons so appointed by the principal employer through the contract would be deemed to be the direct employees of the principal employer or not.3. There is a direct conflict between the decisions of the High Courts of Punjab, Kerala on the one hand and the decisions of Madras, Bombay, Gujarat and Karnataka High Courts on the other. The view of the Punjab and Kerala High Courts is that the only consequence of non-compliance either by the principal employer of Section 7 of the Act or by the contractor in complying with Section 12 of the Act is that they are li...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-13-1991
Reported in : AIR1992SC38; JT1991(3)SC408; 1991(1)SCALE295; (1991)4SCC174; [1991]3SCR524
ORDERRanganath Misra, CJI M.M. Punchhi and S.C. Agrawal, JJ.1. A letter addressed to this Court complaining about prevalence of bonded labour system in Cutton, Anangpur and Lakkarpur areas of Faridabad District in Haryana State wherein the stone quarries workers are living in most inhuman conditions, was treated as a writ petition under Article 32 of the Constitution. this Court appointed two Advocates as Commissioners to inquire into the working conditions of the stone quarry workers with particular reference to the cases mentioned in the writ petition. this Court finding the necessity of an in-depth investigation into social and legal aspects of the problem also appointed Dr. S.B. Patwardan and Mr. Krishan Mahajan to study the working conditions prevailing in the various quarries within the Faridabad district with particular reference to violation of provisions of the Bonded Labour System (Abolition) Act of 1976 and Inter-State Migrant Workmen (Regulation of Employment & Conditions o...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-04-1991
Reported in : AIR1991SC1676; JT1991(2)SC439; 1991(1)SCALE617; 1991Supp(1)SCC430; [1991]2SCR105
ORDERS. Ranganathan, J.1. These are connected batches of Civil Appeals and Special Leave Petitions. We grant special leave to appeal in all the petitions (condoning the delay in the filing of the unnumbered one referred to below) and proceed to dispose of all the appeals by this common judgment. The details of the appeals and petitions are, for sake of convenient reference, tabulated below: High CourtDate of judgmentCivil Appeal/ S.L.P. Nos.Name of Appellant1. Orissa17-4-1980C.A. 2053-2080/80Tata Iron & Steel Co. Ltd.7-3-1983C.A. 4353-4354/83Orissa Cement Ltd.22-12-1989S.L.P. 1479/90State of Orissa22-12-1989S.L.P./90Orient Paper &Industries; Ltd. & Anr.13-7-1990S. O. P. 11939/90- do-2. Bihar10-2-1986C.A. 592/86Tata Iron & Steel Co. Ltd.3. Madhya Pradesh28-3-1986C.A. 1641-1662/86State of M. P.2. We shall discuss later the manner in which these appeals and petitions have arisen. THE ISSUE3. The validity of the levy of a 'cess', based on the royalty derived from mining lands, by the State...
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