Court : Supreme Court of India
Reported in : AIR1972SC1242; 1973(0)BLJR690; (1973)3SCC889; [1972]3SCR629
K.K. Mathew, J.1. The appellant filed a writ petition before the High Court of Patna praying for quashing an order passed by the Minister of Forest, Government of Bihar, on December 13, 1970, and for issue of a writ in the nature of mandamus directing the respondents 1 to 5 to give effect to the previous order of the Minister of Forest dated November 27, 1970. The writ petition was heard by a Division Bench of the Court and the petition was dismissed. This appeal, by special leave, is from that judgment.2. There is a bamboo coup know as 'Bantha Bamboo coup' in Chatra North Division of Hazaribagh district. On July 22, 1970, the Forest Department of the Government of Bihar advertised for settlement of the right to exploit the coup by public auction. The auction was held in the office of the Divisional Forest Officer on August 7, 1970. Five persons including the appellant participated in the auction. Though the reserve price fixed in the tender notice was Rs. 95,000/-, the appellant's bid...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC501; 1972CriLJ1296; (1972)3SCC393; [1972]3SCR622; 1972(4)LC760(SC)
H.R. Khanna, J.1. Thulia Kali (26) was convicted by Sessions Judge Salem under Section 302 Indian Penal Code for causing the death of Madhandi Pidariammal (40) and under Section 379 Indian Penal Code for committing theft of the ornaments of Madhandi deceased. The accused was sentenced to death on the former count. No separate sentence was awarded for the offence under Section 379 Indian Penal Code. The High Court of Madras affirmed the conviction and sentence of the accused. The accused has now come up in appeal to this Court by special leave.2. The prosecution case was that Madhandi deceased purchased land measuring 1 acre 62 cents from Thooliya Thiruman (PW 5), elder brother of the accused for rupees one thousand. The land of the accused adjoined the land sold to Madhandi deceased. The accused wanted Madhandi deceased to sell that land to him but the deceased declined to do so. Madhandi constructed a fence around the land purchased by her, as a result of which the passage to the land...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC1224; 1972CriLJ759; (1972)3SCC775; 1972(4)LC746(SC)
H.R. Khanna, J. 1. This is an appeal by Harbansingh Sardar Lenasingh and Wali Mohamad Noot Mohamad Makhnojia en certificate granted by the Bombay High Court against the judgment of that court affirming on appeal the conviction of the appellants under Section 135 of the sea Customs Act, 1962 and Section 23 of the Foreign Exchange Regulation Act, 1947 and the sentence of rigorous imprisonment for a period of- three years on the former count and one year on the latter count. The sentence on the two counts were ordered to run concurrently for each of the appeallants. Wali Mohammad died during the pendency of this appeal, and the appeal in so far as it relates to him has conserquently abated. We are now concerned with the appeal of Harbansingh alone, herein after referred to as the appellant.2. The prosecution case was that on March 21, 1965 Anant Sadasiv Wagh (PW 1), who was in those days working as Deputy Superintendent, Central Excise and Customs, received telephonic intimation from his ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC1343; 1972LabIC668; (1972)ILLJ501SC; (1972)1SCC814; [1972]3SCR606
I.D. Dua, J. 1. This is an appeal by special leave and the appellant, the Air-India Corporation, Bombay assails Part I of the Award with corrigendum, dated April 28, 1967, given by the Central Government Labour Court, Bombay, on the complaint dated October 16, 1965 made by Shri V.A. Rebellow, respondent No. 1 in this Court (hereinafter referred to as the complainant) under Section 33A of the Industrial Disputes Act, 1947 (hereinafter called the Act). The complaint was originally filed by the complainant before the National Industrial Tribunal, Delhi, (Mr. Justice G.D. Khosla, retired Chief Justice of the Punjab High Court) in the industrial Dispute Reference No. 1 of 1964 but was later transferred to the Central Government Labour Court and numbered as application No. LCB 39 of 1965.2. The impugned award merely dealt with the preliminary points raised by the appellant that the complainant was not a workman concerned in the aforesaid industrial dispute and that there was no breach of Sec...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC1197; 1972CriLJ754; (1972)3SCC839
A.N. Ray, J.1. This is an appeal by special leave from the judgment dated 12 March, 1969 of the High Court of Punjab and Haryana convicting the appellant under Section 3 of the Contempt of Courts Act, 1952 and sentencing him to simple imprisonment for three months.2. Proceedings under Section 3 of the Contempt of Courts Act, 1952 were initiated at the instance of the District Judge, Amritsar arising out of an application dated 24 July, 1968 made by the appellant and addressed to the Chief Justice of India. Copies of the application were sent by the appellant to the Chief Justice of Punjab and Haryana High Court. Additional District Judge, Amritsar and the Subordinate Judge, Amritsar. The District Judge wrote to the Registrar of the Punjab and Haryana High Court that the Subordinate Judge had moved the District Judge for transfer of the proceedings from his Court to some other Court and also for commencing proceedings against the appellant for contempt of Court for 'contemptuous allegat...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC2332; (1972)ILLJ576SC; (1972)3SCC552; [1972]3SCR567
C.A. Vaidialingam, J.1. These three appeals, by special leave, arise out of the Award, dated April 15, 1971 of the Industrial Tribunal, Maharashtra, Bombay in Reference (I.T. Nos. 20 and 105 of 1969 and 70 of 1970).2. The main questions that arise for consideration in these appeals relate to the award of Dearness Allowance, Classification of Grades and Fixation of Wages and a direction given by the Industrial Tribunal regarding the Incentive Bonus Scheme, as modified by the Company. There is also a minor point regarding a particular clause in the Gratuity Scheme as framed by the Tribunal in Reference (I.T. No. 20 of 1969). Though there are certain other matters dealt with in the Award in Reference (I.T. No. 20 of 1969) they are not the subject of controversy in these appeals.3. We will now state the circumstances under which the References came to be made to the Tribunal.4. The appellant was started as a proprietary concern in the year 1944 and was later transformed to a public limited...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1972)3SCC470; [1972]3SCR561
1. This is an appeal by certificate from the judgment dated 15 April, 1968 of the High Court of Madhya Pradesh upholding the judgment and decree passed by Nevaskar, J. of that High Court.2. The Union filed a suit against the appellant in the Court of Small Causes Judge at Indore in the year 1953 and claimed a decree for Rs. 83120. The claim in the suit represented coal production cess levied under Ordinance No. 39 of 1944 on coal and coke despatched from collieries in the then British India to the appellant.3. The only question which falls for consideration in this appeal is whether the Union could make a valid claim for the amount. Counsel on behalf of the appellant contended that the appellant was at the material time a resident at Indore in the then Holkar State and the Ordinance passed in the then British India would have no territorial operation to reach him.4. The Ordinance was called the Coal Production Fund Ordinance of 1944. It extended to the whole of the then British India. ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC588; 1974LabIC461; (1972)ILLJ498SC; (1973)3SCC544; 1972(4)LC751(SC)
C.A. Vaidialingam, J. 1. In this appeal, by special leave, Mr. G.B. Rai, learned Counsel for the appellant, challenges the award dated the 26th April, 1968, of the Industrial Tribunal Maharashtra, Bombay, in reference (II) No. 258 of 1964 granting interim relief to workmen according to the recommendations of the Central Wage Board for Engineering Industries. The main reference itself takes in several matters, such as fixation of wage scales, classification, dearness allowance, production bonus, gratuity etc.2. The steel Mazdoor Sabha, representing the workmen filed an application for grant of interim relief on the ground that the proceedings before the Tribunal are not likely to come to an end at an early date. In fact, the application was filed, for the grant of interim relief, based on the recommendations for payment of interim relief, made by the Central wage Board for the Engineering Industries on February 12, 1966. The claim on behalf of the workmen was that they must be paid inte...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC1554; 1972CriLJ1042; (1972)3SCC350
J.M. Shelat, J.1. The facts leading to the prosecution of the two appellants may first be stated:In 1965, the two appellants were students of Kanhai Lal Sah College, Nawada, a college affiliated to the Magadha University. The college was a center for the annual examination of B. A. Part I held by the University. 2. May 1, 1965 was the day when the students appeared in English Paner II. At about 10 20 a.m. Guru Prasad (P.W. 1), the Head of the Hindi Department of the College, who also was on that day officiating as the Superintendent of the examination in the absence of the Principal, found appellant 1 talking with an outsider at the eastern gate of the college and taking a slip of paper from that outsider. When appellant 1 returned to his seat in the corridor of the examination hall, where he had been allotted a seat, Guru Prasad P.W. 1 went up to him and took away the said slip of paper from him. He, however, permitted appellant 1 to proceed with his examination.3. At about 10.30 a.m....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC2350; 1974(0)BLJR889; 1972LabIC1031; (1972)ILLJ490SC; (1972)1SCC784; [1972]3SCR548
A.N. Ray, J.1. These six appeals are by certificate from the judgment dated 7 November, 1969 of the High Court at Patna quashing the order of the Government of India dated 20 September, 1967, and directing that the respondents must continue to hold rank as assigned to them in 1958.2. The appellants and the respondents are now members of the Indian Administrative Service. For the sake of brevity the appellants can be described as direct recruits and the respondents as promotees. The direct recruits were appointed to the Indian Administrative Service in the years 1949 and 1950 as a result of competitive examination held for recruitment of candidates to that Service. The promotees were initially recruited to the executive branch of the Bihar State Civil Service and were subsequently in the years 1955 and 1956 promoted to the Indian Administrative Service.3. The controversy in the present appeals is as to the seniority between the direct recruits and the promotees under the Indian Administ...
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