Court : Supreme Court of India
Reported in : JT1991(5)SC301; 1991(2)SCALE1142; 1993Supp(233)SCC1; [1991]Supp3SCR30
N.D. Ojha, J.1. These two appeals by special leave have been preferred against the judgment dated 8th October, 1982 of the High Court of Kerala in A.S. No. 210 of 1979. Appellant in Civil Appeal No. 534 of 1983 instituted Original Suit No. 253 of 1976 against the since deceased respondent No. 1 (who shall hereinafter for the sake of convenience be referred to as the appellant and respondent No. 1 respectively) for partition and rendition of accounts in the court of Subordinate Judge, Trivandrum. Respondent No. 1 till the integration of the States of Travancore and Cochin on 1st July, 1949 was the Ruler of the erstwhile State of Travancore and thereafter until the formation of the State of Kerala on 1st November, 1956 he was the Rajapramukh of the State of Travancore-Cochin. The suit was instituted by the appellant on the assertion that defendants 1 to 34 (respondent No. 1 being the defendant No. l in the suit) were members of the Travancore Royal Family. This family according to the ap...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC2299; 1975(Supp)SCC1; [1976]2SCR347
A.N. Ray, J.1. In Civil Appeal No. 887 of 1975 the appellant is Indira Nehru Gandhi and the respondent is Raj Narain. Civil Appeal No. 909 of 1975 is the cross objection of the respondent. On 14 July, 1975 it was directed that both the appeals would be heard together. The appeals arise out of the judgment of the High Court of Allahabad dated 12 June, 1975. The High Court held that the appellant held herself out as a candidate from 29 December, 1970 and was guilty of having committed corrupt practice by having obtained the assistance of Gazetted Officers in furtherance of her election prospects. The High Court further found the appellant guilty of corrupt practice committed under Section 123(7) of the Representation of the People Act, 1951 hereinafter referred to as the 1951 Act by having obtained the assistance of Yashpal Kapur a Gazetted Officer for the furtherance of her election prospects. The High Court held the appellant to be disqualified for a period of six years from the date o...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC604; JT1990(4)SC293; 1990(2)SCALE883; [1990]Supp2SCR393
ORDERK.N. Saikia, J.1. These seven appeals by certificate under Article 133(1)(a) of the Constitution of India are from the common Judgment of the Andhra Pradesh High Court dated 20.11.1970 in several appeals and writ petitions. The appellants are the tenants and respondents are the landholders or their legal representatives, as the case may be, in respect of the tenanted agricultural lands of the hitherto inam estates of Kukunuru and Veerabhadrapuram villages in the West Godavari District of Andhra Pradesh. After coming into force of the Andhra Pradesh (Andhra Area) Estates (Abolition and Conversion into Ryotwari) Act, 1948 (A.P. Act 25 of 1948), hereinafter referred to as 'the Estates Abolition Act', the inam estates were abolished and the land stood vested in the Government free of all encumbrances. The pre-existing right, title and interest of erstwhile landholders ceased except to claim ryotwari patta. The tenants were not liable to be evicted pending the proceedings for issuance ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1117; 1986(1)SCALE283; (1986)2SCC275; [1986]1SCR421; 1986(1)LC529(SC)
E.S. Venkataramiah, J.1. These two appeals filed under Article 133(l)(c) of the Constitution of India, as it stood when they were instituted, are filed against the common judgment dated August 6, 1971 of the High Court of Madras in Writ Petition No. 180 of 1970 and Writ Petition No. 214 of 1970 dismissing the writ petitions. In the said writ petitions along with some others the appellants questioned the constitutional validity of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari Amendment Act, 1969 (Act No. 23 of 1969) (hereinafter referred to as 'the impugned Act') by which certain lands held by each of them had been treated as falling within the scope of the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 (Act 26 of 1963) (hereinafter referred to as 'Act 26 of 1963'). The appellants in Civil Appeal No. 1055 of 1972 S. Thenappa Chettiar and others were interested in the lands (both wet and dry) measuring altogether 77.23 acres situated at V...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC244; JT1992(6)SC109; 1992(2)KLT886(SC); 1992(2)SCALE687; 1995Supp(4)SCC402; [1992]Supp1SCR699
ORDERB.P. Jeevan Reddy, J.1. This appeal by the plaintiff is directed against the judgment of a learned Single Judge of the Kerala High Court dismissing the Second Appeal preferred by him.2. The suit property was mortgaged by one Raman Pillai in favour of Madhav Pillai. Plaintiff purchased the equity or redemption from the daughter of Raman Pillai. First defendant in the suit is the assignee of the mortgagee's right whereas defendants 2 to 5 are his children. The plaintiff filed the suit for redemption of the mortgage. The defendant pleaded inter alia that by virtue of Section 4-A of the Kerala Land Reforms Act, 1964, he should be deemed to be a tenant, entitled to fixity of tenure. Trial Court upheld his plea on the finding that he has been holding the land comprised in the mortgage for a continuous period of not less than 50 years immediately preceding the commencement of the Kerala Land Reforms (Amendment) Act, 1969 as contemplated by Section 4-A. On that basis, it dismissed the sui...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(56)BLJR1292; 2008(3)CTC97; [2008(3)JCR176(SC)]; JT2008(5)SC1; (2008)3MLJ1105(SC); 2008(5)SCALE1; (2008)6SCC1; 2008AIRSCW2899; 2008(3)Supreme331; 2008(2)LH(SC)1534
K.G. Balakrishnan, C.J.1. Reservation for admission in educational institutions or for public employment has been a matter of challenge in various litigations in this Court as well as in the High Courts. Diverse opinions have been expressed in regard to the need for reservation. Though several grounds have been raised to oppose any form of reservation, few in independent India have voiced disagreement with the proposition that the disadvantaged sections of the population deserve and need 'special help'. But there has been considerable disagreement as to which category of disadvantaged sections deserve such help, about the form this help ought to take and about the efficacy and propriety of what the government has done in this regard. 2. Pandit Jawaharlal Nehru, who presided over the Congress Expert Committee emphasized before the Constituent Assembly that the removal of socio-economic inequalities was the highest priority. He believed that only this could make India a casteless and cla...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3127; JT2006(8)SC1; 2006(8)SCALE257; (2006)7SCC1
Y.K. Sabharwal, C.J.Background1. By this writ petition under Article 32 of the Constitution of India, petitioner seeks to challenge amendments made in the Representation of People Act, 1951 (for short, 'the RP Act', 1951') through Representation of People (Amendment) Act 40 of 2003 which came into force from 28th August, 2003. By the said Amendment Act 2003, the requirement of 'domicile' in the State Concerned for getting elected to the Council of States is deleted which according to the petitioner violates the principle of Federalism, a basic structure of the Constitution.In the writ petition, there is a further challenge to the amendments in Sections 59, 94 and 128 of the RP Act, 1951 by which Open Ballet System is introduced which, according to the petitioner, violates the principle of 'secrecy' which, according to the petitioner, is the essence of free and fair elections as also the voter's freedom of expression which is the basic feature of the Constitution and the subject matter ...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IAD(SC)576; AIR1996SC966; 1996(1)ALT33(SC); JT1996(1)SC234; 1996(4)KarLJ103; 1996(1)SCALE298; (1996)3SCC75; [1996]1SCR439
ORDER1. The petitioners are challenging the constitutionality of Explanation II to Section 2(22) and Section 76 of the Andhra Pradesh Charitable and Hindu Religious Institution and Endowments Act, 1987 (30 of 1987) (for short, 'the Act') in this writ petition, apart from other provisions of the Act challenge to which is decided in other connected matters. In this case we confine our consideration to the validity of the above provisions. It is contended in the writ petition and argued by Shri R. Venugopal Reddy, their learned senior counsel, that ryotwari pattas having been granted under the Andhra Pradesh (Andhra Area) Inams (Abolition and Conversion in Ryotwari) Act (37 of 1956) (for short, 'the Inams Abolition Act') and the same having attained finality, the legislature is devoid of power under the Act to set at naught the effect of the grant of ryotwari patta to the archakas, service holders or employees covered under the Act by a legislative side-wind. It is their case that by gran...
Tag this Judgment!Court : UK Supreme Court
LADY HALE There are three cases before the Court, two on appeal from the Court of Appeal of England and Wales and one from the Inner House of the Court of Session in Scotland. This judgment deals with the two English cases, while a separate judgment will deal with the Scottish case. The issue common to all three is the scope for judicial review by the High Court or Court of Session of unappealable decisions of the Upper Tribunal established under the Tribunals, Courts and Enforcement Act 2007 (the "2007 Act"). It is no longer argued on behalf of the Government that such decisions are not amenable to judicial review at all. But it is argued that they are only reviewable in exceptional circumstances. The claimants argue that no such limit exists. The debate, therefore, has focussed upon the effect of the creation of a wholly new and integrated tribunal structure under the 2007 Act. The cases It has been helpful to hear three different cases together, all raising essentially the same qu...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 10075-10076 of 2014 STATE OF KERALA AND ANR. APPELLANTS VERSUS MOHAMMED BASHEER RESPONDENT JUDGMENT S. ABDUL NAZEER, J.1. The appellant-State of Kerala has preferred these appeals challenging the legality and correctness of the judgment passed by the High Court of Kerala in M.F.A. No.160 of 1991 dated 18.09.2001 and the order in RP No.572 of 2001 in M.F.A. No.160 of 1991 dated 06.02.2007.2. The respondent herein filed a petition in the Forest Tribunal, Palakkad under Section 8 of the Kerala Private Forests (Vesting and Assignment) Act, 1971 (for short 'the KPF Act') for settlement of the dispute in relation to land measuring about 2 acres bearing R.S No.1200, Muppenad (now in Vellar mala village) Vythiri Taluk, Wynad district (for short 'the land'). In the petition, it was contended 2 that one K.C. Kunji Moosa had orally leased the land in favour of the respondent's father in the year 1962 and t...
Tag this Judgment!