Court : Supreme Court of India
Reported in : AIR1972SC2097; 1972(0)KLT353(SC); (1972)2SCC364; [1973]1SCR326
I.D. Dua, J.1. These are 43 appeals (C.As. Nos. 143, 274, 309 and 203 to 242 of 1971), 40 appeals (C.As. Nos. 203 to 242 of 1971) being by the State of Kerala and the Land Board and the remaining three by some of the writ petitioners in the High Court. Most of the material provisions of the amended Kerala Land Reforms Act, Act No. 1 of 1964 (hereinafter called the impugned Act) were challenged in the High Court as violative of Articles 14, 19, 25, 26 and 31 of the Constitution. Quite a number of writ petitions, however, assailed the entire impugned Act on that score. The sole defense in sustaining the Constitutional validity of the impugned Act was based on Article 31-A of the Constitution. The High Court struck down several provisions of the impugned Act. In the State appeals (C.As. Nos. 203 to 242 of 1971) the judgment of the High Court is questioned only in so far as it struck down Section 73 and explanation to Section 85(1) of the impugned Act. The judgment appealed from is reporte...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC330; 1972CriLJ1247; (1972)2SCC392; [1973]1SCR313
A.N. Grover, J.1. This judgment will dispose of all the four appeals from the judgment of the Gujarat High Court.2. Two appeals i.e., Cr. As. No. 190 & 191 of 1969 had been brought by certificate. The certificates being defective for want of reasons they could not be entertained on that short ground. However, two petitions for special leave were filed and the same were granted. Those appeals (Cr. As. 63 & 64 of 19721 will be dealt with in this fragment.3. The facts may be stated, Manshankar Prabhashankar Dwivedi was at the material time a Senior Lecturer at the D. K. V. Arts & Science College, Jamnagar which is a Government College Vallabhdas Gordandas Thakkar was a legal practitioner conducting cases before the Income tax and Sales tax Departments. He was also a resident of Jamnagar. It was alleged that in April 1964 the Physics practical examination for the first year B. Sc. was to be held by the Gujarat University. One of the centers was Surendranagar. Dwivedi had been appointed as ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC2132; (1973)4SCC85; 1973(5)LC37(SC)
Shelat, J.1. This writ petition came up for hearing before us on April 20, 1972. After the arguments were heard, we directed immediate release of the petitioner from the jail where he had been detained. We said at that time that we would give reasons for our said order later on. We now proceed to give those reasons.2. The petitioner was detained under an order dated August 17, 1971 passed by the District Magistrate, 24 Parganas in exercise of powers conferred by Sub-section (1) read with Sub-section (2) of Section 3 of the Maintenance of Internal Security Act, XXVI of 1971. The order stated that the District Magistrate was satisfied with regard to the petitioner that it was necessary to detain him under the said Act with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. In consequence of the said order the petitioner was arrested on August 31, 1971 and detained in jail. At the time of the arrest he was served with the grounds for his det...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC1670; 1972CriLJ1020; (1972)2SCC607; 1972(4)LC943(SC)
J.M. Shelat, J.1. In this petition under Article 32 of the Constitution the petitioner Mohd. Salim Khan, a detenu under the West Bengal (Prevention of Violent Activities) Act, being President's Act XIX of 1970, seeks to challenge the legality of the order of detention passed against him and his detention thereunder.2. The impugned order was passed by the Additional District Magistrate, 24 Parganas on June 18, 1971 under Sub-section (1) read with Sub-section (3) of Section 3 of the Act, being satisfied that it was necessary to detain the petitioner with a view to preventing him from acting in a manner prejudicial to the maintenance of public order. In pursuance of the said order the petitioner was arrested on the same day and has since then been detained in jail. At the time of his arrest he was served with a copy of the grounds of detention.3. There is no dispute that various steps following the issuance of the said order as envisaged by the Act were taken by the detaining authorities ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC486; 1972CriLJ1200; (1972)3SCC668; 1973(5)LC40(SC)
P. Jaganmohan Reddy, J.1. Five accused were tried for offences under Section 148, 302/149, 323/149 324/149 and 455/149, Indian Penal Code in respect of an attack on one Hari Kishen which resulted in his death. Gurcharan Singh, A-1 and Ram Singh, A-2 are brothers. They are the owners of a rubber factory at Faridabad known as 'Sandeep Rubber Factory' while Bhagwani, A-3 and Surinder Kumar, A-4 are the employees in that factory. A-5 Sucha Singh is said to be a friend of A-1 and A-2. About two months prior to the incident, the deceased who is a resident of Jullundur started a similar rubber factory at Faridabad where Chappal straps were being manufactured under the name and style of 'Hari Rubber Factory'. This factory was started in a portion of the premises belonging to Notan Das D.W. 5. A similar rubber factory was owned by Kewal Krishan P.W. 5 and Swarup Singh. Between the factory of Hari Kishan and that of Kewal Krishan, there was a common wall with a window through which one could go ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC488; 1972CriLJ1202; (1972)3SCC656; 1973(5)LC20(SC)
Mitter, J.1. This appeal by special leave is from a judgment of the Patna High Court accepting the State's appeal against acquittal by the Sessions Judge and convicting the appellant of an offence under Section 409 of the Indian Penal Code.2. The appellant who was the cashier and one Ram Chander Lal, a lower division clerk in the Engineering school of the Government of Bihar at purnea were prosecuted for offences of criminal conspiracy and criminal breach of trust in respect of Rs. 11,021-35 alleged to have been entrusted to them and over which they had dominion. The Engineering School was at first located in a building known as Asad Manzil in Purnea City. It was shifted from there in part to zila school in August 1961. Even after such shifting Asad Manzil continued to be in the occupation of the school and an iron safe embedded in a wall of the office room and some old papers remained there. The cash of the school used to be kept in that iron safe, besides moneys belonging to what is ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC2182; 1972LabIC939; (1972)IILLJ328SC; (1974)3SCC103; 1973(5)LC10(SC)
P. Jaganmohan Reddy, J.1. This is an appeal by special leave against the judgment of a Division Bench of the High Court of Allahabad which reversed the judgment of a Single Bench of that Court and restored the award of the Labour Court by which respondent Hans Nath Srivastava, a complaint Attendant/Driver who had been dismissed on the 26th June, 1965 was directed to be reinstated.2. The Second respondent was working in the Mains Department of the appellant Company and was authorised to deal with live wires. By an office order dated 4th May, 1964 the appellant, after drawing attention of all the workers to a previous notice issued on 23rd March, 1962 they were again warned that no person who is not authorised under the Indian Electricity Rules, 1956 is permitted to climb a ladder where he may come in contact with live lines. On the 31st October, at about 1.30 p.m., on the complaint of a consumer, the second respondent accompanied by two coolies, Shankar Das and Jagdhari, went in a jeep ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC2134a; (1973)4SCC82; 1973(5)LC18(SC)
Shelat, J.1. This petition under Article 32 of the Constitution is directed against the order of detention, dated May 7, 1971, passed by the District Magistrate, Jalpaiguri under Sub-section (1) read with Sub-section (3) of Section 3 of the West Bengal (Prevention of Violent Activities) Act. being President's Act XIX of 1970. The impugned order recited that the District Magistrate was satisfied that with a view to preventing the petitioner from acting in a manner prejudicial to the maintenance of public order it was necessary to detain him. In pursuance of the said order, the petitioner was arrested on May 9, 1971. The said order was thereafter approved by the West Bengal Government under Section 3(4) on May 17, 1971. As provided by the Act, the State Government placed the petitioner's case together with all the relevant materials before the Advisory Board on June 7, 1971. On June 8, 1971, the Government received the petitioner's representation against his said detention. On July 1, 19...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC491; 1972CriLJ1204; (1972)3SCC590; 1973(5)LC14(SC)
P. Jaganmohan Reddy, J.1. Of the 26 accused charged with offences under Sections 307/149, 304/34, 147, 148 and 379, the Trial Court acquitted 24 accused but convicted Nanhku Singh, A-1 and Lalita Singh, A-2 under Section 307 and sentenced the former to 7 years rigorous imprisonment and the latter to 5 years rigorous imprisonment. In appeal the High Court confirmed the conviction of both the accused but under Section 307 read with Section 34 and reduced the sentences to be undergone by each by them to 3 years rigorous imprisonment. This Court granted Special leave only to Nanhku Singh and rejected the petition of Lalita Singh for default of surrender.2. According to the prosecution case, on November, 17, 1964 at about one Pahar after sun-rise, about 7 or 8 A.M. Nanhku Singh, Mohan Singh, A-3 who had each a gun, along with accused Nos. 4 to 26 who were armed with ballams, Garashas and lathis came to the field of Indradeo Singh, PW 12 and were alleged to be engaged in cutting the peddy cr...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC343; 1972CriLJ1260; (1972)3SCC759; 1972(4)LC898(SC)
1. Rahim Beg (22) and Mahadeo (30) were convicted by Additional Sessions Judge Rae Bareli under Sections 302, 376 and 404 Indian Penal Code and each of them was sentenced to death on the first count, rigorous imprisonment for a period of 10 years on the second count and rigorous imprisonment for a period of one year on the third count. The conviction and sentence of the two accused were affirmed by the Allahabad High Court. The two accused have now come up to this Court in appeal by special leave.2. Rahim Beg accused is a bachelor. At the relevant time he was a village chowkidar and had a cycle repair shop. Mahadeo accused has got wife and children and at the relevant time ran a betel shop. The two accused resided at the time of the present occurrence in Muraika Purwa, a small hamlet at a distance of 2J furlongs from village Amawan in district Rae Bareli. There are about 27 houses in that hamlet. Kesh Kali deceased, who was aged about 12 to 13 years at the time of the present occurrenc...
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