Court : Supreme Court of India
Reported in : AIR1971SC1797; 1971CriLJ1310; (1971)3SCC297; 1971(III)LC634(SC)
K.S. Hegde, J.1. The appellants and one Dahya were tried before the Additional Sessions Judge, Surat in Sessions Case No. 13 of 1966 on his file. The second accused Ichhu and the afore-mentioned Dahya were tried for an of fence Under Section 302 read with Section 34, IPC. The first accused Makan Jivan and the 4th accused Jadav were tried for offences Under Section 323, IPG. The trial Court acquitted Dahya. It convicted accused No. 2 Ichhu Under Section 302, IPC and sentenced him to suffer imprisonment for life. Accused 1 and 4 viz. Makan Jivan and Jadav were found guilty of offences punishable Under Section 323, IPG. For those offences each one of them was sentenced to undergo rigorous imprisonment for one month and also to pay fine of Rs. 50/-, in default to undergo further imprisonment for 15 days. The convicted accused went up in appeal to the High Court of Gujarat but their appeal was dismissed Thereafter this appeal was brought by special leave.2. The accused Ichhu, Dahya and Jada...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1789; (1971)2SCC182; [1971]SuppSCR588
Hegde, J.1. The only substantial question that arises for decision in this appeal by special leave is as to whether the requirements of Section 479-A of the CrPC have been complied with before instituting the complaint from which this appeal arises and if they have not been complied with whether the prosecution is vitiated?2. In July 1965, there was a dacoity within the limits of Railway Police Station, Nagpur. Several properties belonging to the Railways were stolen in the course of that dacoity. During the investigation of that offence, the Railway Police sought the assistance of the local police. Inspector Khandagale (D.W. 1) who was incharge of the Tehsil police station directed the appellant, the Sub-Inspector working under him to assist the Railway Police in the investigation of the case. Part of the investigation was carried on by the appellant. Two of the persons arrested in connection with that dacoity were Ambadas and Deorao. They are said to have made certain statements on J...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1794; 1971CriLJ1306; (1972)3SCC74; 1971(III)LC630(SC)
G.K. Mitter, J.1. This appeal is from a judgment of the High Court at Allahabad convicting the appellant Under Sections 302 and 307 of the Indian Penal Code and sentencing him to death for the first offence and to rigorous imprisonment for six years on the second. The sentence Under Section 302 was imposed for the murder of a boy of fourteen by the name of Sheopal while the conviction Under Section 307 was in respect of the attempt to murder one Ram Kumari, the mother of the said deceased.2. The prosecution story, in brief, was that there wae enmity between Mathura, the husband of Ram Kumari and father of Sheopal, and the appellant mainly arising out of Mathura's helping his brother Mangalia, in litigation for recovery of sum of Rs. 720/-loaned to one Bulaqi on the basis of a promissory note and Bulaqi being helped therein by the appellant. The appellant was said to have set to fire Mathura's Khaliyan in respect whereof a panchayat was held in which the appellant had acknowledged setti...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1783; (1972)3SCC186; [1971]SuppSCR597; 1971(III)LC662(SC)
Ray, J.1. This is an appeal by certificate under Article 133(1)(c) of the Constitution from the judgment dated 18 and 21 December, 1970 of the Bombay High Court.2. The Bombay High Court issued a writ of quo warranto declaring that respondent No. 3 Dr. Balkrishna Pandurang Apte is not entitled to act as the Vice-Chancellor of the University of Poona is pursuance of the election held on 9 May, 1970 and further restraining him from acting as the Vice-Chancellor.3. H.V. Pataskar, the Vice-Chancellor of the University of Poona died on 21 February, 1970. The Governor of Bombay who is the Chancellor of the University then nominated Maha Mahopadhyaya Datto Vaman Potdar to act as the Vice-Chancellor until the date on which another Vice-Chancellor was elected under Sub-section (1) of Section 11 of the Poona University Act, 1948 (hereinafter referred to as the Act).4. Under Section 12 of the Act the Vice-Chancellor is the principal executive and academic officer of the University. Under Section 1...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1811; (1971)ILLJ530SC; (1971)2SCC251; [1971]SuppSCR555
Grover, J.1. This is an appeal by certificate from a judgment of a division bench of the Madras High Court affirming the decision of a learned single judge rejecting the petition filed by the appellant under Article 226 of the Constitution to quash an order passed by the respondent Institute on April 26, 1963 which had the effect of terminating his services.2. The appellant had a distinguished academic career. After passing the Master's degree in Organic Chemistry from the Luck-now University he obtained a Doctorate from the Royal School of Mining of the University of London. He got a Post Graduate Diploma from the Imperial College of Science and Technology, London. He worked for sometime and was employed successively in some of the Universities in the United States of America. Since the year 1960 the appellant had been making efforts to get employment in the respondent Institute. This Institute is one of the four Institutes of Science and Technology which have been declared to be inst...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1801; (1971)ILLJ534SC; (1971)2SCC188; [1971]SuppSCR549
Hegde, J.1. The principal question that arises for decision in this appeal by certificate is as to the vires of Rule 5 of the Andhra Pradesh Registration Subordinate Service Special Rules, to be hereinafter referred as 'the rules'. The High Court has struck down this rule on the ground that it is violative of Article 14 of the Constitution. As a result of that conclusion, it has also quashed the recruitment of some of the respondents made in March, 1965 for being posted as Sub-Registrars Grade-II.2. The petitioners as well as respondents No. 3 onwards in the Writ Petition were serving as clerks, either in the upper division or in the lower division, in the Registration and Stamps Department including the office of the Registrar General of Births, Deaths and Marriages and the Office of the Registrar of the Firms. Some of the respondents had been recruited by the Inspector General of Registration and Stamps, Andhra Pradesh for being appointed as Sub-Registrars. The petitioners challenged...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1814; 1971LabIC1117; (1972)3SCC146; [1971]SuppSCR574; 1971(III)LC655(SC)
P. Jaganmohan Reddy, J.1. This Appeal is by certificate against the judgment of a Division Bench of the Calcutta High Court dismissing the application by the Appellant under Article 226 of the Constitution of India. The Appellant who is an Indian Police Service Officer holding a senior post in that service made an application to fix his year of allotment in the service which the Government of India ultimately fixed as 1947. With this fixation the Appellant is aggrieved.2. The brief facts which may be necessary for consideration of the matters in issue are that the Appellant was Commissioned as an Officer of the Indian Army on the 12th April 1942. He was promoted to the rank of a Major on or about 1st April '45. On 10-1-1949 the State of West Bengal feeling the need of a Bengali Officer to serve in the Special Armed Police requested the Army for the services of the Appellant which the Ministry of Defence agreed to lend. The Appellant was relieved from the Army and posted as a Commandant...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1804; 1972MhLJ137(SC); (1971)2SCC222; [1971]SuppSCR561
A.N. Ray, J.1. This is an appeal by special leave from the judgment dated 20 November, 1970 of the Bombay High Court directing the Regional Transport Authority to dispose of the applications for stage carriage permits pending before it without any further delay and without any further adjournment at the instance of any party whatsoever.2. The principal questions for consideration in this appeal are; first, whether the Regional Transport Authority has power to call for further or additional information from the applicants for the grant of permit at the time of consideration of the applications for the grant of permits under the Motor Vehicles Act, 1939 hereinafter referred to as the Act and secondly whether the Regional Transport Authority will consider the qualifications of the applicants as on the date of the consideration of the applications for grant of permits.3. The respondents are private operatOrs. They held substantive permits on various routes. They applied for renewal of perm...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1821; [1971(22)FLR302]; (1971)ILLJ503SC; (1972)3SCC140; [1971]SuppSCR540; 1971(III)LC622(SC)
Bhargava, J.1. This appeal by special leave is directed against an Award of the Industrial Tribunal, Madras, in a dispute relating to payment of bonus under the Payment of Bonus Act, 1965 (No. 21 of 1965) (hereinafter referred to as 'the Act'). The respondent in the appeal is the employer, William Jacks & Co. Ltd., Madras, while the appellant is the William Jacks & Co. Employees' Union, Madras, representing the workmen employed by the respondent. The appellant claimed that, for the two calendar years 1964 and 1965, the workmen were entitled to bonus at the maximum rate of 20 per cent of their annual wages, while the respondent Co. put forward the case that there was no available surplus and, consequently, the liability to pay bonus for these two years could not exceed the minimum of 4 per cent of the wages. It may be mentioned that the respondent Co. is a Bench of William Jacks & Co. Ltd. registered in England with its Head Office in London. It appears that in India this Company has th...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC1839; (1972)3SCC165; 1971(III)LC616(SC)
J.M. Shelat J.1. This appeal, directed against the dismissal by the High Court of Allahabad of the election petition filed by the appellant, concerns the midterm elections to the U.P. State Assembly from Mahrauni constituency in Jhansi district which took place on February 5, 1969.2. The appellant fought the election on the Jan Sangh party ticket, while the respondent, the returned candidate, fought it on the Congress party ticket. The election petition was filed on three grounds : (1) the publication of two pamphlets (Ex P-8 and P-9 .which according to the appellant contained false statements relating to his personal character and conduct within the meaning of Section 123(4) of the Representation of the People Act, 1951, (2) undue influence within the meaning of Section 123(2), and (3) incurring and authorising expenditure in excess of the prescribed amount Under Section 123(6). In this appeal, we are, however, concerned with the first ground only, as Counsel for the appellant told us...
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