Court : Supreme Court of India
Reported in : AIR1972SC1915; (1972)2SCC547; [1973]1SCR680; 1973(5)LC154(SC)
H.R. Khanna, J.1. An order was made by the District Magistrate Burdwan on February 10, 1971 under Section 3 of the West Bengal (Prevention of Violent Activities) Act, 1970 (President's Act No. 19 of 1970) for the detention of Abdus Sukkur 'with a view to preventing him from acting in any manner prejudicial to the maintenance of public order'. In pursuance of that order, Abdus Sukkur was arrested on September 24, 1971. Abdus Sukkur thereupon filed the present petition through jail under Article 32 of the Constitution to challenge his detention.2. Mr. Chibber argued the case amicus curiae on behalf of the petitioner, while the State of West Bengal was represented by Mr. Chatterjee. After hearing the learned Counsel on May 24, 1972 I ordered that, for reasons to be given later, the petitioner be set at liberty. I now proceed to set out those reasons.3. The order for the detention of the petitioner, as mentioned earlier, was made by the District Magistrate on February 10, 1971. The petitio...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC2066; (1972)2SCC668; [1973]1SCR675; 1973(5)LC119(SC)
J.M. Shelat, J.1. The District Magistrate, Howrah passed on June 12, 1971 the impugned order of detention under Sub-section (1) read with Sub-Section (3) of Section 3 of the West Bengal (Prevention of Violent Activities) Act, 1970 directing the petitioner's detention thereunder. The order stated that the District Magistrate was satisfied that it was necessary to do so in order to prevent the petitioner from acting in a manner prejudicial to the maintenance of public order. On June. 13, 1971, the petitioner was accordingly arrested and detained in Dum Dum Central Jail.2. The grounds of detention served on the petitioner at the time of his arrest read as follows :(1) On 17-8-70 at about 02.00 hours, you and your associates Bhaja alias Tarapada Ghosh, Bablu, Kartic and others attacked the members of R.G. Party who were on duty near Jatadhari Park by hurling bombs towards them. When chased by them, you and your associates again hurled bombs towards them and managed to escape and thereby di...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1219; 1973CriLJ989; (1973)3SCC95; 1972(4)LC864(SC)
H.R. Khanna J. 1. Kashinath (22) was tried in the court of learned Additional Sessions Judge Bombay under Section 302 IPC for causing the death of Anusuya (20) and was acquitted. On appeal filed by the State of Maharashtra, the Bombay High Court reversed the judgment of the trial court, convicted the accused under Section 302 IPC and sentenced him to undergo imprisonment for life. Kashinath thereupon filed this appeal through jail by special leave.2. The case of the prosecution is that the accused and Bapu (PW 10) were friends and used to take their meals as boarders with Hansabai, mother of Ansuya deceased, in Dhanji Street, Bombay. During their visits to the place of Hansabai, the accused and Bapu came in contact with her daughter Ansuya. Anusuya, who was already married, then started a love affair with Bapu. About three months before the present occurrence, Bapu ran away with Anusuya to Billimoria. The husband of Anusuya died soon thereafter. Bapu then brought back Anusuya to Hansab...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC1878; (1972)2SCC611; 1973(5)LC128(SC)
Khanna, J.1. This is a petition through jail under Article 32 of the Constitution of India for the issue of a writ of habeas corpus by Madan Malik, who has been ordered by the District Magistrate 24 Parganas to be detained under Section 3 of the West Bengal (Prevention of Violent Activities) Act, 1970 (President's Act No. 19 of 1970) (hereinafter referred to as the Act) 'with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.'2. Affidavit on behalf of the respondent State was filed by Shri Hironmoy Chakraborty, Assistant Secretary, Home (Special) Department, Government of West Bengal. The case was argued by amicus curiae of Mr. Harjinder Singh on behalf of the petitioner and by Mr. Kashtriya on behalf of the respondent. After hearing the learned Counsel, we passed an order on May 3, 1972 for the release of the petitioner and stated that the reasons in support of our order would be given later. We now proceed to set out those reasons.3. Th...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC1623; 1972CriLJ1034; (1972)2SCC529; 1973(5)LC144(SC)
Khanna, J.1. This is a petition through jail under Article 32 of the Constitution of India for issuing a writ to habeas corpus by Kanti Lal Bose, who has been ordered by the District Magistrate Howrah to be detained under Section 3 of the West Bengal (Prevention of Violent Activities) Act, 1970 (President's Act No. 19 of 1970 (hereinafter referred to as the Act) 'with a view to preventing him from acting in any manner prejudicial to the maintenance of public order.'2. The petition was resisted by the respondent-state and the affidavit of Shri Dipak Kumar Rudra, District Magistrate, who passed the detention order, was filed in opposition to the petition. Mr. Vohra argued the case amicus curiae on behalf of the petitioner, while the State was represented by Mr. Ghosh. After hearing the learned Counsel, we passed an order on May 3, 1972 for the release of the petitioner and stated that the reasons in support of our order would be indicated later. We now proceed to set out those reasons.3....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC1917; (1972)IILLJ259SC; (1972)2SCC383; [1973]1SCR594; 1973(5)LC196(SC)
I.D. Dua, J.1. These six appeals on certificate granted by the Patna High Court in two separate judgments disposing of six civil writ petitions raise common questions of fact and law and will, therefore, be disposed of by a common judgment.2. The appellant owns six collieries, but we are concerned in the present controversy only with two collieries, namely, Sijua and Bhelatand. Due to shortage of power, the appellant decided to stagger the weekly rest days in all the collieries. By a notice dated September 10, 1963 a new Schedule of rest days was introduced in accordance with which Sijua colliery was to have every Wednesday as a rest day and Bhelatand colliery every Friday as a rest day. With respect to Bhelatand colliery Friday was later changed to Thursday. It is common ground that previously Sunday was the weekly rest day in all the six collieries. The change in the weekly days of rest was to take effect from September 15, 1963 which was a Sunday. The workers of the collieries did n...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC1747; (1972)2SCC67; 1973(5)LC151(SC)
Dua, J.1. In this appeal with certificate granted by the Calcutta High Court under Article 133(1)(b) of the Constitution the only question requiring determination relates to the point of time at which the rate of duty with respect to the goods imported by the respondent, Dutext Clock Company, from Japan is to be fixed. The respondent, a manufacturer of clocks, imported 87 cases of steel strips of Japanese origin for its manufacturing business. Those cases were shipped per steam ship 'Narasau Maru', a Japanese vessel which arrived at the Port of Calcutta some time on February 28, 1961. According to the respondent s.s. Narasau Maru began discharging her cargo at about 8.55 p.m. on the same day after completing all customs formalities. All the 87 cases were landed at shed on 7 C.J. belonging to the Commissioners for the Port of Calcutta and the customs officials assessed the duty on the goods at 10% ad valorem amounting to Rs. 1,934.40 nP. The rate of duty applicable to the goods if impor...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1972)IILLJ209SC; (1972)2SCC275; [1973]1SCR608
J.M. SHELAT, J.1. [In WP No. 657 of 1970] (For himself, Ray, Jaganmohan Reddy, Khanna and Mathew, JJ.)— This petition is by four primary school teachers serving in what are called “the provincialised schools” i.e. schools run prior to October 1, 1957, by Local Bodies but taken over by the then State of Punjab with effect from October 1, 1957. The petition challenges the validity of (a) the Punjab Educational Service (Provincialised Cadre) class III Rules, 1961; (b) the letter, dated January 5, 1968, by Haryana Government to the Director of Public Instruction communicating its decision for revision of pay-scales and prescribing two grades of teachers with effect from December 1, 1967 i.e. ordinary and selection grades, in proportion of 85: 15; (c) letters, dated March 18, 1968, April 21, 1969, and August 5, 1969, granting with effect from December 1, 1967, selection grade to the respondents, all in State cadre though actually serving in provincialised schools in Gurgao...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC1853; 1972CriLJ1177; (1973)3SCC50; 1973(5)LC105(SC)
Shelat, J.1. This appeal, by special leave, is directed against the order of conviction and sentence of death passed against the appellant by the Sessions Judge, Fatehpur under Section 302 of the Penal Code and confirmed by the High Court, Allahabad. The relevant facts leading to the trial of the appellant on the said charge of murder are as follows :-2. One Chandra Bhushan, a resident of village Muraon, District Fatehpur died several years ago leaving behind him his widow, the deceased Phoolmati, four daughters, all of whom were married during his life time and about 125 bighas of land under his cultivation. The appellant was married to one of the said four daughters, Mst. Dhanpat some twenty years before the incident in question. The youngest of these daughters, wit. Lakshmipati lost her husband within five or six months of her marriage, and then started living with her mother, the deceased Phoolmati. With a view to provide for her daughter, Mst. Phoolmati transferred seventy bighas ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC1626; [1972(24)FLR352]; 1972LabIC873; (1972)IILLJ255SC; (1972)3SCC585; [1973]1SCR668; 1973(5)LC147(SC)
K.K. Mathew, J.1.The appellant, a company incorporated under the Companies Act, filed a writ petition before the High Court of Calcutta praying for the issue of a writ or an order in the nature of certiorari quashing the award passed by the Second Industrial Tribunal, West Bengal, Calcutta, directing the reinstatement of Ganapati Sontra, the second respondent, in the service of the appellant. A learned judge of that Court dismissed the writ petition! The appellant filed an appeal before a Division Bench of that Court. The appeal was also dismissed. This appeal is preferred against the order of the Division Bench by certificate granted by the High Court under Article 133(1)(c) of the Constitution.2. The second respondent was employed by the appellant in the year 1946 as a clerk in its Service Department. At the time, there was no rule prescribing, the age of retirement of the workmen of the company. In November, 1951, the appellant introduced standing orders under the provisions of the ...
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