Court : Supreme Court of India
Reported in : AIR1976SC1742; (1976)3SCC797; [1976]3SCR1062; 1976(8)LC460(SC)
H.R. Khanna, J.1. This judgment would dispose of four civil appeals Nos. 1076 to 1079 of 1971 which have been Bled by special leave by Ratna Sugar Mills Ltd. against the judgment of Allahabad High Court affirming on appeal the decision of the learned single Judge whereby the appellant's four petitions under Article 226 of the Constitution of India to challenge the order dated December 18, 1963 of the Board of Revenue directing the levy of holding tax under the U.P. Large Land Holdings Act, 1957 (U.P. Act No. 31 of 1957)(hereinafter referred to as the Act) on the land of the appellant for the assessment yean 1365, 1366, 1367 and 1368 Fasli had been dismissed.2. In 1951 the appellant acquired land measuring 227.08 acres situated in village Argupur Kalan, tahsil Sbahganj, district Jaunpur. According to the appellant, the said land was acquired for the purpose of setting up a factory for the production of paper and pulp. A licence was granted to the appellant in that connection. The appell...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC2191; 1976CriLJ1712; (1976)3SCC465
P.S. Shinghal, J. 1. Appellant Akoijam Ranbir Singh was tried by the Sessions Judge of Manipur for the alleged murder of Ibohal Singh. He was given the benefit of doubt and was acquitted on November 2, 1967. The State preferred an appeal, and the Judicial Commissioner of Manipur took a contrary view. He convicted him of the offence under Section 302, I.P.C. and sentenced him to imprisonment for life. Akoijam Ranbir Singh has therefore filed the present appeal.2. The allegation against the appellant was this. Sanajoba Singh (P.W. 2) and Dorendro Singh (P.W. 3) were going on Paona Road in Imphal bazar on December 13, 1966, in the evening, when they met their friend Raghumani Singh (P.W. 4) near Pratap Talkies. All three of them went to Eikhoigo Hotel for tea. Thereafter, when they were standing outside, on the road, near the verandah of Bharat Shoe House, opposite Pratap Talkies, towards the west of a pan stall, the appellant came there with a friend at about 6.30 p.m. and stopped near t...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1697; 1976CriLJ1367; (1976)0GLR828; (1976)3SCC54; [1976]3SCR1076
R.S. Sarkaria, J.1. Controversy in these appeals centers round the interpretation of the words 'specially empowered' appearing in Section 2(c) of the Suppression of Immoral Traffic in Women and Girls Act, 1956 (to be hereinafter referred to as the Act).2. The facts giving rise to these appeals are as follows:3. Chaturbhui Maganlal and Bai Sabita, respondents herein, are husband and wife residing together at Parvati Bhuvan, Raikot. Both of them together with Bai Hamida Basir Mohammed, respondent 3 herein, are accused 1, 2 and 3 respectively, in a trial for offences punishable under Sections 5 and 6 of the Act before the Judicial Magistrate, First Class Raikot in Cr. Cases Nos. 1372 and 1404 of 1968. When the trial was about to commence in ' these cases, the accused moved applications raising an objection that the Magistrate had no jurisdiction to try the offences as he had not been 'specially empowered' as required by Section 2(c) of the Act. The Magistrate rejected those applications w...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1825; (1976)3SCC766; [1976]3SCR1067
P.K. Goswami, J.1. The appellants in this appeal by special leave, Jose da Costa and his wife, Isabela Braganca are the defendants and the respondents, Bascora Sadashiva Sinai Narcornim and his wife, Durgabai Narcornim, are the plaintiffs in the original suit.2. The plaintiffs instituted a suit in the Court of Judge of Quempem Comarca on February 27, 1961, in accordance with the Portuguese Law then in force in those territories for ejectment of the defendants from the suit property. It was alleged that on the death of Sadasiva, father of the plaintiff, Bascora, in partition proceedings with minors (inventario), this plot was assigned to Bascora's mother, Sitabai. towards her moiety in the estate. On Sitabai's death, the property devolved on the plaintiffs, Bascora and his six sisters. Before the partition of the property among the legal heirs of Sitabai, Bascora acquired the rights from some of his sisters and became the owner of the suit property with other heirs. Bascora's parents ha...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1525; (1976)4SCC706; [1976]3SCR1042; 1976(8)LC547(SC)
P.N. Bhagwati, J.1. This appeal can be disposed of on a very narrow point and we will, therefore, set out only so much of the facts giving rise to the appeal as bear on this point and emit what is unnecessary.2. Since 23rd December, 1959 the appellants had a sub-lease from the Receiver in Suit No. 203 of 1905 for extracting phosphate from an area of 400 hactares situate in Singhbhum District in the State of Bihar. This sub-lease, according to the State of Bihar, came to an end from 1st September, 1964 and the appellants, therefore, made an application to the State of Bihar on 22nd/24th March, 1965 for a grant of fresh mining lose for extraction of apatite and phosphate from the same area under Rule 22 of the Mineral Concession Rules, 1960 made by the Central Government under Section 13 of the Mines & Minerals (Regulation & Development) Act, 1957. The State Government failed to dispose of the application within a period of nine months from the date of its receipt and hence under Rule 2(...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1904; (1976)3SCC411; [1976]3SCR1046; 1976(8)LC471(SC)
P.N. Bhagwati, J.1. The short question that arises for determination in this appeal is : whether a person whose parents belonged to a Scheduled Caste before their conversion to Christianity can, on conversion or reconversion to Hinduism, be regarded as a member of the Scheduled Caste so as to be eligible for the benefit of reservation of seats for Scheduled Castes in the matter of admission to medical college.2. The parents of the respondent originally professed Hindu religion and belonged to Madiga caste which is admittedly a caste deemed to be a Scheduled Caste in the State of Andhra Pradesh as specified in Part I of the Schedule to the Constitution (Scheduled Castes) Order, 1950. They were both converted to Christianity as some point of time which does not appear dearly from the record, but it was the case of the respondent in his Writ Petition that he was born after their conversion. This was also the assumption on which the arguments proceeded before the High Court and before us, ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC278; 1977CriLJ198; (1976)3SCC775
R.S. Sarkaria, J.1. The respondent Kondiba, aged about 55 years, was tried and convicted for the murder of a boy, named Laxman aged about 2 years, by the Sessions Judge, Satara, and sentenced to imprisonment for life. On appeal, the High Court of Bombay acquitted him.2. The State has now come in appeal by special leave under Article 136 of the Constitution against the order of acquittal.3. The prosecution case was as follows:Kondiba works as a barber. He was living in a hut in the hamlet of village Chaturbet. He was married to one Jaibai and had from her two daughters but no son. The daughters were married. In order to get a son, Kondiba decided to marry a second wife. Anjira, the mother of the deceased boy, Laxman, was earlier married to one Bapu Shripati Pawar of village Devle. She, however, had developed illicit intimacy with one Shantaram Pawar of village Vakan, and became pregnant. As a result, her husband, Bapu Sripati Pawar, drove her out of the matrimonial home for good and rep...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC627; (1976)4SCC508
V.R. Krishna Iyer, J.1. Two appellants filed the present appeal which, according to the respondent, has abated. The second appellant admittedly died on 7th October, 1974, but 90 days passed and thereafter the 60 days limited by the law also passed without any application for setting aside the abatement. The first appellant came up with an application on 31st March, 1975 for setting aside the abatement but he was 85 days beyond the date on which abatement took place, and 25 days beyond the date limited by law for moving the Court to set aside the abatement. This delay of 60 days plus 25 days has to be explained by the first appellant and he has to make out sufficient cause as to why he could not come to court in time.2. The parties are close relations and it is admitted that the first appellant was present for the funeral of the second appellant What is more, the respondent had filed an application to declare that the appeal had abated as early as 8th February, 1975 and still no applica...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1803; (1976)3SCC550; [1976]3SCR1032
v.R. Krishna Iyer, J.1. Counsel for the appellant-a jolted transport operator-has assertively argued for an untenable position, heedless of the true nature of 'transport permit' jurisprudence. The sole issue on which limited leave has been granted to him by this Court under Article 136 lends itself to straight forward resolution, once we grasp the public character of the litigation and public purpose of the jurisdiction where permits regulating the plying of stage carriages are awarded or refused. The conscience of this branch of public law is justice to the public, although, in the process of adjudication private claims to carry on transport business through permits are comparatively evaluated. Public interest is the paramount consideration, while private rights, fundamental though, apparently constitute the queasily for decision. The touchstone of better merit is solely the ability to serve the public, and the hierarchy of transport tribunals, bearing true faith and allegiance to Sec...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC2049; (1977)1SCC554; [1976]3SCR1013
Jaswant Singh, J.1. This is an appeal by special leave from the judgment and Order dated April 10, 1974, of the High Court of Andhra Pradesh at Hyderabad passed in Writ Petition No. 579 of 1974 upholding the resolution dated October 28, 1973. of the Syndicate of the Andhra University (conveniently referred to hereinafter as the 'Syndicate') terminating the services, of the appellant by payment to him of salary and allowances for six month's in lieu of notice for six calendar months under Section 24 of Chapter V of the Administration Manual of the University and Clause 10(b) of the written contract dated October 28, 1967.2. Briefly stated, the facts leading to this appeal are The appellant joined the Anthropology Department of the Andhra University as a Senior Lecturer in 1960. In course of time, he was promoted as Professor of Anthropology with effect from October 1, 1867, pursuant to a resolution of the Syndicate dated September 26, 1967. The conditions of service annexed to the commu...
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