Court : Mumbai
Reported in : [1985]57CompCas241(Bom)
Madhava Reddy, C.J.1. The questions that arise for consideration in this writ petition filed by Escorts Ltd. and its shareholder and managing director are quite unique and important. The decision thereon may affect not only the petitioner-company but the entire corporate sector and the public financial institutions. Naturally, this writ petition has attracted considerable public attention both lay and legal. Quite a few facts are required to notice to appreciate the issue canvassed in this case. Though inferences sought to be down and the conclusions sought to be pressed by the parties form the facts leading to the filing of this writ petition differ, the facts themselves in the ultimate analysis are not very much in dispute.2. Till 1980, among the non-residents, only individuals of Indian nationality origin were given the facility to invest in Indian Industries; not the companies. The Government of India was eager to attract larger foreign remittances into India. In a report of the Wo...
Tag this Judgment!Court : US Supreme Court
Sheet Metal Workers v. EEOC - 478 U.S. 421 (1986) U.S. Supreme Court Sheet Metal Workers v. EEOC, 478 U.S. 421 (1986) Local 28 of the Sheet Metal Workers' International Association v. Equal Employment Opportunity Commission No. 84-1656 Argued February 25, 1986 Decided July 2, 1986 478 U.S. 421 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE SECOND CIRCUIT Syllabus In 1975, the District Court found petitioner union and petitioner apprenticeship committee of the union guilty of violating Title VII of the Civil Rights Act of 1964 by discriminating against nonwhite workers in recruitment, selection, training, and admission to the union. The court ordered petitioners to end their discriminatory practices, established a 29% nonwhite membership goal, based on the percentage of nonwhites in the relevant labor pool in New York City, to be achieved by July 1981, and also ordered petitioners to implement procedures designed to achieve this goal under the supervision of a cou...
Tag this Judgment!Court : Andhra Pradesh
Reported in : [1991]72CompCas588(AP)
ORDERJeevan Reddy, J.1. The issue before the Full Bench is whether a writ petition liesagainst a Co-operative Society, and if it doe's, in what circumstances? Context is the enforcement of bye-laws governing service conditions of employees.2. In P. S. Naidu v. Chittoor District Co,-operative Central Bank, (1977) 2 APLJ (HC) 282 : (1978 Lab IC 528), a Division Bench of this Court held that an order of punishment made by a Society against its employee cannot be questioned by the latter by way of writ petition. The Bench pointed out 'as far as this Court is concerned, it has uniformly taken the view that a writ petition does not lie against a co-operative society especially when it relates to matters concerning the Society and its employees. In C. V. Narasimha Naidu v. Chittoor District Co-operative Bank Ltd., (1971)2 APLJ (SN) 16 ('W.P. No. 3788/1970 dated 7-6-1971'), one of us (Kuppuswami, J.) following the decision of a Division Bench of this (Madras?) Court in Lakshmaiah v. Sri Perumb...
Tag this Judgment!Court : Supreme Court of India
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 : Karnataka
Reported in : ILR1994KAR439; 1994(1)KarLJ421
ORDERM.Ramakrishna, J1. These Writ Petitions have been referred to the Full Bench by the Division Bench consisting of Shivashankar Bhat and Ramakrishna, JJ., by invoking the power under Section 10(v) of the Karnataka High Court Act, 1961, by their Order dated 30.6.1992, for consideration. Hence, they have been taken up for consideration by this Full Bench.2. The legal contention urged in support of the Writ Petitions is that the Decision rendered by a Division Bench of this Court in RAJAMALLAIAH v. STATE OF KARNATAKA : ILR1985KAR1802 , requires to be reconsidered in view of the subsequent pronouncement of the Supreme Court in (1) DWARKADAS MARFATIA AND SONS v. BOARD OF TRUSTEES OF THE PORT OF BOMBAY, : [1989]2SCR751 , (2) MAHABIR AUTO STORES AND ORS : [1990]1SCR818 . v. INDIAN OIL CORPORATION AND ORS., (3) KUMARI SHRILEKHA VIDYARTHI ETC. ETC. v. STATE OF U.P. AND ORS : AIR1991SC537 . and observations made by another Division Bench of this Court in STATE OF KARNATAKA v. K.M.SHANKARAN R....
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker179
Paripoornan, J. 1. This is a public interest litigation. It concerns the famous Sree Krishna Temple, Guruvayur -- a very ancient temple of unique importance worshipped and held in great reverence by millions all over the country. The temple owns extensive movable and immovable properties and endowments. The temple has its own heritage and traditions of renowed referred memory, which adds grandeur and majesty to it over the entire globe. Shri C.K. Rajan, Chennara House, P.O. Nhamanghat, via. Kunnamkulam sent a communication to one of us (Paripoornan, J.) dated 3-2-1993 highlighting gross irregularities, corrupt practices, maladministration and mismanagement in Sree Krishna Temple, Guruvayur. A statement from Shri C.K. Rajan was recorded by the Registrar of this Court on 11-2-1993. He owned the sending of the petition, its content, etc. Gross irregularities, misadministration and various lapses were disclosed. The matter was placed before My Lord the Chief Justice, who, by order dated 11...
Tag this Judgment!Court : Kerala
Reported in : AIR1994Ker308
Varghese Kalliath, J. 1. This isa public interest litigation. Petitioner is a society registered under the Travancore-Cochin Charitable, Literary and Scientific Societies Act. It claims that it is involved in legal research legal literacy and espousing public interest causes before Courts.2. In this petition the petitioner wants to spearhead and underscore the high potency danger involved in allowing to continue the operation by the first respondent a 10,000 tonne Ammonia Storage Tank in Willingdon Islandin Port Area.3. The first respondent the Fertilizers and Chemicals Travancore Ltd., Udyogamandal is a public sector undertaking. It is engaged in the production of fertilisers. O. 27% of the shares in the Company is held by the public, the balance being held by the Government of India, the Government of Kerala, the Government of Tamil Nadu and the Government of Andhra Pradesh. Its manufacturing units for production of chemical fertilisers are Cochin Division at Ambalamedu and Udyogaman...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644
ORDERP.B. Sawant, J.1. On behalf of Kuldip Singh, J. and himself. Article 356 has a vital bearing on the democratic parliamentary form of government and the autonomy of the States under the federal Constitution that we have adopted. The interpretation of the Article has, therefore, once again engaged the attention of this Court in the background of the removal of the governments and the dissolution of the legislative assemblies in six States with which we are concerned here, on different occasions and in different situations by the exercise of power under the Article. The crucial question that falls for consideration in all these matters is whether the President has unfettered powers to issue Proclamation under Article 356(1) of the Constitution. The answer to this question depends upon the answers to the following questions: (a) Is the Proclamation amenable to judicial review? (b) If yes, what is the scope of the judicial review in this respect? and (c) What is the meaning of the expr...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1992(60)ELT674(SC); JT1994(4)SC655; (1995)2MLJ2(SC); 1994(3)SCALE575; (1994)5SCC509; [1994]Supp2SCR281
ORDERThe Government have decided to discontinue the granting/renewal of licences for bars attached to the Indian Made Liquor retail vending shops under the Tamil Nadu Liquor (Retail Vending in Bar) Rules, 1992 with effect from the excise year commencing from the 1st June, 1993.2. The following Notification will be published in the Tamil Nadu Government Gazette.NotificationIn exercise of the powers conferred by Sections 17C, 17D, 21 and 54 of the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937). The Governor of Tamil Nadu hereby rescinds the Tamil Nadu Liquor (Retail Vending in Bar) Rules, 1992, with effect on and from the 1st June, 1993.(By Order of the Governor)K. MalaisamySecretary to Govt.45. The effect of the above GO. is, on and from 1st June, 1993 the Tamil Nadu Liquor (Retail Vending in Bar) Rules, 1992 came to be rescinded. Both the learned Single Judge and the Division Bench of the High Court under the impugned judgment have upheld the validity of G.O.Ms. No. 44 dat...
Tag this Judgment!Court : Chennai
Reported in : (1997)ILLJ170Mad
Janarthanam, J.1. Certain events and incidents, which formed the backdrop and setting of the present actions - Writ Appeal No. 332 of 1994 and Writ Petitions Nos. 3124, 3125 and 3917 of 1993 better it is, we feel, to relate to have a proper understanding and fine grasp, with ease and grace - of the legal implications or positions to be derived or to flow from the factual matrix, giving rise to certain issues - so moot and complicated in nature - with which, we are now called upon to decide, by giving our anxious consideration. E.I.D. Parry (India) Limited (for short,'the employer') has one of its units located at Ranipet in the State of Tamil Nadu, where sanitary ware, superphospate and insecticides are manufactured. Some of its retired employees filed applications under Section 33-C(2) of the Industrial Disputes Act, 1947 (Act No. 14 of 1947 - for, short, 'the I.D. Act'), before the Labour Court, Madras, claiming pension by alleging that pay ability of pension was a condition of servi...
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