Court : Supreme Court of India
Reported in : AIR1976SC91; 1976CriLJ172; (1976)1SCC145
P.N. Bhagwati, J.1. This appeal by special leave, is directed against, an order of conviction and sentence recorded against the appellant under Section 161 of the Indian Penal Code and Section 5(1)(d) read with Section 5(2) of the Prevention of Corruption Act, 1947. The appellant was tried by the special Judge, Amritsar and for each of the two offences he was convicted and sentenced to undergo rigorous imprisonment for one and a half years and to pay a fine of Rs. 100/-or in default to undergo rigorous imprisonment for a further period of three months. This conviction of the appellant was maintained by the High Court in appeal, but the sentence of substantive imprisonment for each of the two offences was reduced from one and half years to one year. The question which arises for consideration in this appeal is: whether, on the evidence on record, the conviction and sentence recorded against the appellant are justified, or they require to be set aside2. The appellant was, at the material...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC744; (1977)1SCC511; [1976]2SCR246
R.S. Sarkaria, J.1. This appeal is directed against a judgment, dated October 27, 1972, of the High Court of Madhya Pradesh dismissing the election petition filed by the appellant to question the election of the respondent, to Lok Sabha.2. Six candidates filed nomination papers for contesting the election to Lok Sabha from Guna Parliamentary Constituency in March 1'971. Out of them, Sarvshri Shiv Pratap Singh and Gaya Prasad withdrew their candidature after their nomination papers were found to be in order after scrutiny, leaving four candidates in the field viz., Sarvshri Madhavrao Scindia, Deorao Krishnarao Jadhav, Narayan Singh 'Albela' and Bundel Singh to contest the election. Shri Madhav Rao Scindia respondent herein who was sponsored by the Jan Sangh was declared elected by a margin of 1,41,090 votes over his nearest rival, Shri Deorao Krishnarao Jadhav, sponsored by the Indian National Congress.3. Udhav Singh, an elector of the Constituency, filed an election petition on 26-4-19...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC237; [1977]47CompCas453(SC); (1975)2SCC840; [1976]2SCR266
N.L. Untwalia, J.1. This is an appeal by certificate of fitness granted by the Allahabad High Court. The question of law which falls for determination in this appeal is whether an application for compensation filed under Section 110A of the Motor Vehicles Act, 1939 (for brevity, the Act), arising out of an accident which occurred more than 60 days before the Constitution of the Motor Accidents Claims Tribunal under Section 110 could be entertained by the Tribunal or the remedy of the aggrieved person was to institute a civil suit.2. On the 11th Sept. 1966 occurred an accident in which Shri Amar Nath Misra, husband of respondent No. 1 and father of respondents 2 and 3 met his death due to collision between his motor-cycle and a truck owned by appellant No. 2 and insured with appellant No. 1. A cause of action accrued to the respondents 1, 2 and 3 (hereinafter called the respondents) to claim compensation as legal representatives of the deceased under the Indian Fatal Accidents Act, 1855...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC83; 1976CriLJ21; (1976)1SCC181
R.S. Sarkaria, J.1. Labh Singh. Jamiat Singh, Banta Singh, Surjit Singh and Harbans Kaur of village Manauli were tried for the murders of Nasib Singh and Sadhu Singh by the learned Additional Sessions Judge, Patiala. All of them were acquitted. The State carried an appeal against that acquittal to the High Court of Punjab and Haryana. The High Court set aside the acquittal of Labh Singh, Jamiat Singh and Banta Singh and convicted them under Section 302 read with Section 34, Penal Code on two counts and sentenced them to imprisonment for life, each. In addition, a fine of Rs. 200/- was imposed on each of the convicts.2. Aggrieved by that order, Labh Singh, Jamiat Singh and Banta Singh have come in appeal to this Court.3. The prosecution story as adumberated in the F. I. R., Ex. P. A., lodged by Gurdev Singh, PW 5, at the Police Station .Mubarakpur, on October 13, 1968 at 3.50 P.M. was as follows:I am a resident of village Manauli. Today, at 8/9 A.M. I along with my father, Nasib Singh a...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC54; (1976)1SCC112; [1976]2SCR222; 1975(7)LC913(SC)
P.K. Goswami, J.1. This appeal by special leave is against the judgment of the Division Bench of the Rajasthan High Court by which an appeal against the judgment of a single Bench was summarily rejected.2. In answer to a notification of March 29, 1950, issued by the State of Rajasthan inviting tenders for mining rights for mica on certain terms and conditions, the appellant submitted its tender which was accepted on December 30, 1950 and a notification in that behalf was made by the State Government on February 6, 1951. granting the mining lease for mica for block No. 6 (except sidries mine) in Bhilwara District on payment of the tendered amount of Rs. 1,55,000/-. The lease was for a period of 20 years with an option of renewal of the lease for another 20 years as per conditions prescribed in the Mineral Concession Rules, 1949 (briefly the Rules). A premium of Rs. 1,55,000/- was deposited by the appellant and possession was also handed over to it on March 15. 1951. The area originally ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC57; (1976)1SCC757; [1976]2SCR218; 1975(7)LC908(SC)
P.K. Goswami, J.1. This appeal by special leave is against the judgment of the Punjab and Haryana High Court summarily dismissing a writ application under Article 226 of the Constitution against the order of the State Transport Appellate Tribunal, Punjab.2. The appellant is a private limited company carrying on transport business over a long period. The company was granted 33 stage carriage permits for various routes. It had a sanctioned fleet of 35 transport vehicles. On receipt of several reports and complaints from various sources, the State Transport Commissioner issued the following show cause notice to the appellant on March 28, 1974 : Regd. A. D. From S. BALINDER SINGH, I.A.S., State Transport Commissioner, PUNJAB. To The Managing Director, New Samundri Transport Company (P) Ltd., FEROZEPUR No. 455/JFI(2) dated Chandigarh the 28th March, 1974. Subject : Departmental Action. MEMORANDUMA list of prosecutions launched against your company by the operational Staff is forwarded herew...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC66; (1976)ILLJ81SC; (1975)2SCC835; 1975(7)LC879(SC)
P.K. Goswami, J.1. Is an apprentice an 'employee' under the 'Employees' State Insurance Act, 1948 That is the question raised in this appeal by certificate under Article 133(1)(a) & (b) of the Constitution from the judgment of the Patna High Court by which it refused to interfere with the order of the Industrial Tribunal passed under Section 73B of the Employees' State Insurance Act, 1948 (briefly the Act). 2. The respondent is a public limited company having its registered office at Bombay and its factory at Jamashedpur in the State of Bihar. The Act is applicable to the company's factory. Besides regular employees in the company, there are two acts of apprentices, namely, graduate apprentice for a period of two years and trade apprentices for the duration of three years. The graduate apprentices receive stipend of Rs. 250,00 per month in the first year and Rs. 300,00 per month during the second year. The trade apprentices receive stipend at the rate of Rs. 2.00, Rs. 2.50 and Rs. 3.00...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC929; [1975(31)FLR340]; 1976LabIC625; (1976)ILLJ90SC; (1976)2SCC859; 1975(7)LC888(SC)
A. Alagiriswami J1. The respondent was working as a clerk in the Calcutta Office of the Central Bank of India and performing the duties of the Clearing House representative on behalf of the bank. He claimed that in accordance with the terms of the bipartite settlement dated 19th October, 1966 he was entitled to the special allowance fixed for special assistants and claimed a sum of Rs. 5013.01 for the period from 1st July 1966 to 30th April 1969 The appellant Bank denied that the respondent was a special assistant or that his duties at the clearing House involved duties listed in respect of the category of special assistants. The Central Government Labour Court Calcutta allowed the respondent's application filed under Section 33C(2) of the Industrial Disputes Act. This appeal has been filed in pursuance of special leave granted by this Court. 2. In order to understand the point implied in this case it is not necessary to refer to the details of the Sastry Award of 1953 or the Desai Awa...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC63; (1976)1SCC99; [1976]2SCR210; 1975(7)LC885(SC)
A.C. Gupta, J.1. The respondent Jiwan Singh who is a displaced person from Pakistan was allotted 55.80 standard acres of land in village Neza Kalan in Sirsa Tehsil of Hissar District in lieu of the land left by him in Pakistan. The second appellant, Collector Surplus Area, Sirsa, in determining the surplus area under the Punjab Security of Land Tenures Act, 1953 (hereinafter referred to as the Act) left only 100 ordinary acres with the respondent as his permisisible area and declared the rest of the land measuring 78.57 ordinary acres, equivalant to 25.99 standerd acres, as surplus. Permissible Area as defined in Section 2(3) of the Act is as follows :Permissible area' in relation to a land owner or a tenant means thirty standard acres and where such thirty standard acres on being converted into ordinary acres exceed sixty acres, such sixty acres :Provided that :(i) no area under an orchard at the commencement of this Act, shall be taken into account in computing the permissible area:(...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC283; (1976)ILLJ86SC; (1976)1SCC230; [1976]2SCR189; 1975(7)LC898(SC)
A. Alagiriswami, J.1. The appellant, the National Projects Construction Corporation Ltd., was engaged in execution of two projects, Chandan Das Project and the Gandak Dam Project. On 31st January 1967 the N.P.C.C. Workers' Union of the Chandan Dam Project gave a notice of strike and on 1st April 1967 the Labour Union of the Gandak Dam Project gave a similar notice. These notices were accompanied by a charter of demands which are practically the same in both cases Thereafter a settlement was arrived at with both these Unions on 11.4.1967 in the presence of the Labour Commissioner. Bihar,, the terms of which were also similar. By that settlement certain questions were agreed to be referred to arbitration and these questions are found in paragraph 4 of the both the settlements. The dispute with both the Labour Unions was accordingly referred to the arbitration of the Presiding Officer, Industrial Tribunal, Bihar, Patna on 3rd May, 1967. The arbitrator's award was sought to be quashed by m...
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