Court : Supreme Court of India
Reported in : AIR1954SC375; 1954CriLJ993; (1954)IMLJ702(SC); [1954]1SCR1150
Mukherjea, J.1. This is a petition under article 32 of the Constitution, praying for a writ, in the nature of certiorari, for calling up the records of certain criminal proceedings stated against the petitioner by the Special Judge, Sessions Court, Delhi, and for quashing the same on the ground that these proceedings are without jurisdiction, having been commenced in violation of the fundamental right of the petitioner guaranteed under article 20(2) of the Constitution.2. The petitioner was a member of the Indian Civil Service and till lately was employed as Secretary to the Ministry of Commerce and Industries in the Government of India. Certain imputations of misbehavior by the petitioner, while holding offices of various descriptions under the Government of India, came to the notice of the Central Government of and the latter being satisfied that there were prima facie good grounds for making an enquiry directed a formal and public enquiry to be made as to the truth or falsity of the...
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(4)Raj2865; 2004(2)WLC436
Gopal Krishan Vyas, J.1. This writ petition has been presented in the Registry of this Court on 22.12.2000. The petitioner has primarily challenged impugned orders An-nex.62 dated 4.5.1991 whereby pursuant to a departmental enquiry the Appointing Authority has imposed upon him the penalty of dismissal from service and Annex.64 dated 21.7.1992 whereby the appellate authority maintained the penalty order. On its face, the writ petition suffers from gross delay and, therefore, at the outset this Court called upon the counsel for the petitioner to show sufficient cause why this petition may not be dismissed only on the ground of laches.2. The gruelling narration of the facts leadings to delay in filing the writ petition is that on accrual of the cause of action, after dismissal of his appeal by the appellate authority, the petitioner engaged Shri Vinayak M. Joshi, Advocate and handed over him the file alongwith all relevant material. He also made payment of the full fees and expenses. It i...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1956SC66; 1956CriLJ156; [1955]2SCR955
Bhagwati, J.1. This appeal with certificate under article 134(1)(c) of the Constitution arises out of an application under section 2 of the Contempt of Courts Act (XXXII of 1952) and section 8 of the Public Servants (Inquiries) Act (XXXVII of 1850) read with article 227 of the Constitution filed by the respondent against the appellant in the High Court of Judicature of Patna and raises an important question as to whether the Commissioner appointed under Act XXXVII of 1850 is a Court. 2. The respondent is a Member of the Bihar Civil Service (Executive Branch). The State Government received reports to the effect that the respondent had been guilty of serious misconduct and corrupt practices in the discharge of his official duties while employed as Sub-Divisional Officer at Aurangabad and they accordingly decided that an inquiry into the truth of the various charges against him should be made under the provisions of the Public Servants (Inquiries) Act, 1850 (Act XXXVII of 1850, hereinafte...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC493; [1960]2SCR569
Shah, J.1. Sardar Kapur Singh (who will hereinafter be referred to as the appellant) was admitted by the Secretary of State for India in Council to the Indian Civil Service upon the result of a competitive examination held at Delhi in 1931. After a period of training in the United Kingdom, the appellant returned to India in November, 1933 and was posted as Assistant Commissioner, Ferozepore in the Province of Punjab. He served in the Province in various capacities between the years 1933 and 1947. In July, 1947, he was posted as Deputy Commissioner at Dharamsala and continued to hold that office till February 11, 1948, when he was transferred to Hoshiarpur at which place he continued to hold the office of Deputy Commissioner till a few days before April 14, 1949. On April 13, 1949, the appellant was served with an order passed by the Government of East Punjab suspending him from service. On May 5, 1950, the appellant submitted a representation to the President of India protesting agains...
Tag this Judgment!Court : Chennai
Reported in : AIR1967Mad281
(1) These appeals are directed against the order of Srinivasan J. in W.P. 123 and 124 of 1961 in which the prayers were for the issue of a writ of certiorari and consequent writ of mandamus respectively. The prior facts required for a consideration of these two appeals are briefly the following:The appellant Mrs. Nesamoney Daniel was employed as a teacher in the Government aided Primary School, Pannimade estate, Annamalais. Under the rules issued by the Deputy Inspector of Schools, the appellant in her capacity as a teacher of a primary school, was obliged to take an insurance policy on her life. As instructed by the Life Insurance Corporation, she presented herself for medical examination, to one Dr. K.V. Mathai, M.B.B.S. the third respondent in the two writ petitions, who was at that time employed by the estate, in which the teacher was also employed. Sometime later, she received a communication from the Life Insurance Corporation stating that the report of the third respondent show...
Tag this Judgment!Court : Supreme Court of India
Swatanter Kumar, J.1. Delay condoned in SLP (C) No. 25293 of 2008.2. Leave granted.3. This judgment shall dispose of all the above mentioned appeals as common question of law on somewhat similar facts arise in all the appeals for consideration of this Court.4. The Union of India being aggrieved by the judgment of the High Court of Judicature at Allahabad, Lucknow Bench dated 25th February, 2008 has filed the present appeals under Article 136 of the Constitution of India. The High Court declined to interfere with the Order passed by the Central Administrative Tribunal, Lucknow Bench (hereinafter referred to as 'the Tribunal') wherein the Tribunal, in exercise of its powers under Section 19 of the Central Administrative Tribunal Act had set aside the orders of punishment passed by the Disciplinary Authority and the Appellate Authority. However, the High Court granted liberty to the Disciplinary Authority to conduct the inquiry afresh from the stage of nomination of the inquiry officer.5....
Tag this Judgment!Court : Kolkata
Reported in : (1884)ILR10Cal166
Richard Garth, C.J.1. Whatever doubts may have arisen upon the subject of this reference in consequence of recent legislation, it is at least satisfactory that we are all now agreed upon one very material point, namely, that at the time of the passing of the Indian Carriers Act in 1865, the English law relating to common carriers was in force in this country. My brother WILSON and myself, when we referred this case, had some doubt about that point, but, so far as I am concerned, I am glad to say that my doubts have been entirely removed.2. It is obvious that the Carriers Act itself assumes two things: first, that there were a class of persons here at that time, who were recognized as common carriers; and, secondly, that there was some special law, which regulated the duties and responsibilities of those persons. It is difficult to imagine what that law could have been, unless it were the English common law; and it seems only reasonable to suppose that, as common carriers were introduce...
Tag this Judgment!Court : US Supreme Court
Fong Yue Ting v. United States - 149 U.S. 698 (1893) U.S. Supreme Court Fong Yue Ting v. United States, 149 U.S. 698 (1893) Fong Yue Ting v. United States Nos. 1345, 1346, 1347 Argued May 10, 1893 Decided May 15, 1893 149 U.S. 698 APPEALS FROM THE CIRCUIT COURT OF THE UNITED STATES FOR THE SOUTHERN DISTRICT OF NEW YORK Syllabus The right to exclude or to expel aliens, or any class of aliens, absolutely or upon certain conditions, in war or in peace, is an inherent and inalienable right of every sovereign nation. In the United States, the power to exclude or to expel aliens is vested in the political departments of the National Government, and is to be regulated by treaty or by act of Congress, and to be executed by the executive authority according to the regulations so established, except so far as the Judicial Department is authorized by treaty or by statute, or is required by the Constitution, to intervene. The power of Congress to expel, like the power to exclude, ali...
Tag this Judgment!Court : Mumbai
Reported in : AIR1916Bom265; (1916)ILR40Bom529
Macleod, J.1. The defendant Steamer Company entered into an agreement, on the 1st April 1915, with the firm of Chhagandas & Co. whereby the latter chartered the steamer Hejaz for a voyage, Bombay to Naples, Genoa and or Marseilles, any two discharging ports at charterer's option. On the 14th April, the Jeddah was substituted for the Hejaz. The plaintiffs procured from Chhagandas & Co. freight for 2,500 bales of cotton on the said steamer and were given the shipping orders which they presented to the defendants. The 2,500 bales were put on board the Jeddah and twenty-five bills of lading relating to them were issued by the defendants, who were paid Rs. 32,610-6-2 for freight. Owing, however, to the import of cotton into Genoa being prohibited by orders of Government, the Jeddah did not leave the harbour and the voyage had to be abandoned. Negotiations were entered into with the various shippers of cotton, which are set out in the correspondence-annexed to the pleadings, but eventually t...
Tag this Judgment!Court : Mumbai
Reported in : 33Ind.Cas.536
Macleod, J.1. The defendant Steamer Company entered into an agreement, on the 1st April 1915, with the firm of Chhagandas and Company whereby the latter chartered the steamer 'Hejaz' for a voyage, Bombay to Naples, Genoa and or Marseilles, any two discharging ports at charterer's option. On the 14th April, the 'Jeddah' was substituted for the 'Hejaz.' The plaintiffs procured from Chhagandas and Company freight for 2,500 bales of cotton on the said steamer and were given the shipping orders which they presented to the defendants. The 2,500 bales were put on board the 'Jeddah' and twenty-five bills of lading relating to them were issued by the defendants, who were paid Rs. 32,610-6-2 for freight. Owing, however, to the import of cotton into Genoa being prohibited by orders of Government, the 'Jeddah' did not leave the harbour and the voyage had to be abandoned. Negotiations were entered info with the various shippers of cotton, which are set out in the correspondence annexed to the plead...
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