Court : Supreme Court of India
Reported in : AIR1983SC72; 1983(31)BLJR32; 1982(2)SCALE1110; (1983)1SCC30; [1983]1SCR878; 1983(15)LC6(SC)
E.S. Venkataramiah, J.1. The question involved in these three appeals by certificate relates to the liability of the State of Bihar to pay the amount of compensation in respect of lands which after their acquisition by it under the Land Acquisition Act stood transferred to the State of West Bengal under the Bihar and West Bengal (Transfer of Territories) Act, 1956 (Act No. 40 of 1956 hereinafter referred to as 'the Act').2. The facts of these cases may be briefly stated thus : Three pieces of land belonging to the appellant which were situated in village Madati in the District of Purnea in the State of Bihar were acquired under the provisions of the Land Acquisition Act by the State of Bihar in the year 1951 for a certain public purpose. After the Land Acquisition Officer passed the awards in respect of the said lands, the question of determination of proper compensation was referred to the District Judge, Purnea under Section 18 of the Land Acquisition Act at the instance of the appel...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1983)2SCC258
ORDERThe following questions arise for consideration in the writ petition :1. Should this Court take notice of such letters addressed by individuals by post enclosing some paper cuttings and take action on them suo motu except where the complaint refers to deprivation of liberty of any individual ?2. Should such letters be sent to the Supreme Court Legal Aid Society by the Registrar with a request to examine whether there is any prima facie case which requires to be considered by this Court and if it is felt that there is such a case to file a formal petition against appropriate parties after collecting necessary material ?3. Can a stranger to a cause, be he a journalist, social worker, advocate or an association of such persons initiate action before this Court in matters alleged to be involving public interest or should a petitioner have some interest in common with others whose rights are infringed by some governmental action or inaction in order to establish his locus standi to mak...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC257; 1982(2)SCALE1116; (1983)1SCC425; 1983(15)LC1(SC)
1. This appeal by special leave is directed against the judgment of the Division Bench of the Andhra Pradesh High Court dismissing L.P.A. No. 245 of 1972, which had been filed against the judgment of a learned Single Judge of that High Court in A. S. No. 89 of 1970. Notice under Section 3(2) of the Andhra Pradesh (Andhra Area) Inams Abolition and Conversion into Ryotwari Act, 1956, which came into force on 14.12.1956, was issued, calling upon the appellant, Archaka of the respondent temple to appear before the Deputy Tehsildar for Inams, Guntur in a suo motu enquiry for determining the nature of the Inam. But unfortunately, the appellant did not appear before the Deputy Tehsildar. The Deputy Tehsildar, therefore, decided on 22.12.1960, holding that the Inam was in favour of respondent temple and that the appellant was only Archaka. The Deputy Tehsildar granted Patta in favour of the respondent ttmple. But the contention of the appellant is that the Inam title deed dated 29.11.1860 in r...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC159; 1983CriLJ173; 1983(1)Crimes244(SC); 1982(2)SCALE1066; (1983)3SCC25; [1983]1SCR871
R.B. Misra J.1. The present appeal by special leave is directed against the judgment of the High Court of Judicature at Allahabad, dated 16th December, 1980, convicting the appellant under Section 448 of the Indian Penal Code.2. Premises Aranya Kutir bearing Municipal No. 47 A Jakhan in Dehra Dun was owned by one R.C. Sood. He executed a gift-deed in favour of Shri Anand Mayee Sangh, Dehra Dun with the stipulation that the donor shall remain in possession of the premises during his life time and after his death his widow if alive would remain in possession. The management of the same would be taken up by the Sangh after their death.3. The appellant is the widow of the brother of Shri R.C Sood. It appears that in 1967 the appellant was invited by Shri R.C. Sood to reside with him in the aforesaid house and ever since she has been residing peacefully there. On 10th of October, 1973, Shri R.C. Sood expired. The appellant, however, continued to live in the said house.4. Respondent No. 1, S...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC747; 1983CriLJ1271; 1982(2)SCALE1398; (1983)1SCC194
ORDERP.N. Bhagwati, J.1. We are of the view that this is a case in which plea-bargaining seems to have taken place, because on the appellant pleading guilty to the charge, the learned Magistrate imposed upon him only a sentence of fine of Rs. 1,000/- even though the offence of which he was convicted was one under Section 304-A of the Penal Code. The High Court, in appeal by the State, acting upon the plea of guilty, maintained the sentence of fine and additionally imposed a substantive sentence of rigorous imprisonment for a period of one year. It is obvious that by reason of plea-bargaining the appellant pleaded guilty and did not avail of the opportunity to defend himself against the charge, which is a course he would certainly not have followed if he had known that he would not be let off with a mere sentence of fine but would be sentenced to imprisonment. It would be clearly violative of Article 21 of the Constitution to induce or lead an accused to plead guilty under a promise or ...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1981CriLJ470; 1982(2)SCALE1142; (1983)2SCC266
ORDER1. The learned advocate for the petitioners, Mrs. Hingorani has made an application to us that Pawan Kumar, one of the petitioners in the writ petition, has completed his vocational training on 23rd August 1982 and he has been given a certificate to that effect in soap making, candle making, orientation and mobility and chalk making and the sum of Rs. 15000/-which has been given as a grant by the State Government for being used by him to establish himself in some business, profession or vocation after the completion of his vocational training should therefore be made available to him. Since the petitioner Pawan Kumar has completed his vocational training at the National Institute for Visually Handicapped, Dehra Dun, we would direct that on his filing an affidavit in this Court within three weeks from today to the effect that he will spend the amount of Rs. 15,000/-and interest which is lying deposited in the Bank in his name, for the purpose of establishing himself in some busines...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC114; 1983MhLJ402(SC); 1982(2)SCALE1083; (1983)1SCC35; [1983]1SCR851; 1983(15)LC25(SC)
R.S. Pathak, J.1. This is a plaintiff's appeal on a certificate granted under Sub-clause (a) of Clause (1) of Article 133 of the Constitution by the High Court of Madhya Pradesh.2. The appellant, who belongs to a prominent family of Jabalpur, instituted a suit, out of which the present appeal arises, for partition and separate possession and for rendition of accounts. The properties in suit comprise most of the estate falling to the share of one Seth Jagannathdas on a family partition of October 19, 1939.3. The genealogy of the family may be set forthDiwan Bahadur Ballabhdas | (died in 1925) | --------------------------------------------------------------------------- Mannoolal Kanhaiyalal Jamnadas Mankuarbai (died in 1916) (died in 1923) (died in 1939) M. Narayanibai | | | (Respondent) Narsinghdas | | (Respondent) | | ------------------------------------------------------ Jagannathdas Balkrishandas Goverdhandas Madhu- Tribhu- M. Premwati sudandas wandas (Appellant) Jagannathdas and hi...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC367; 1983CriLJ689; 1982(2)SCALE1064; (1983)1SCC143
1. Appellant Mohd. Abdul Hafeez was tried by the Metropolitan Sessions Judge, Hyderabad along with three others for having committed an offence under Section 392 read with Section 34 of the Indian Penal Code who by his judgment and order dated April 30, 1979, convicted all the four accused and sentenced each of them to suffer rigorous imprisonment for three years. We are concerned in this appeal with original accused 1 who was charged substantively for the offence under Section 392, I.P.C. and was convicted and sentenced as hereinabove mentioned.2. Briefly stated, the prosecution case is that PW. 1 S. Satyanarayana a young man aged about 19 years boarded a bus on route No. 52 on his way to Charminar Cross Roads from where he was to proceed to Ramnagar. After the bus started, the conductor informed him that the bus would not stop at Charminar Cross Roads, whereupon PW. 1. S. Satyanarayana alighted from the bus and started walking back towards the bus stop from where he had boarded the b...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC57; 1983(31)BLJR93; 1982(2)SCALE1061; (1983)1SCC26; [1983]1SCR844; 1983(15)LC15(SC)
Baharul Islam, J.1. In this appeal by special leave under Article 136 of the Constitution, the appellant is the victim of Court's craze for technicalities of law at the cost of justice. This Court exercises its discretionary power under Article 136 of the Constitution to meet the ends of justice or to remove miscarriage of justice perpetrated in a case.2. This appeal arises out of an execution proceeding. The facts material for the purpose of disposal of this appeal may be stated thus. The appellant was the plaintiff in a pre-emption suit and got a decree. Respondent No. 1 was the vendee and respondent No. 2, who was the real brother of the plaintiff-appellant, was the vendor. The suit was for pre-emption and possession in respect of some agricultural land. The trial court decreed the suit on payment of Rs. 15,500 as the price of the land and Rs. 100 as the charges on account of registration and other charges of the deed. The appellant deposited the amount as directed by the Court.3. R...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC529; 1983CriLJ961; 1982(2)SCALE1354; (1984)1SCC673
ORDER1. Special leave granted.2. We heard Mr. Ram Jethmalani, learned Counsel for the appellants and the learned Counsel for the State of U.P.3. The appellant Sarabjeet Singh and 17 other persons were put up on trial before the learned II Additional Sessions Judge, Gonda, in Sessions Trial No. A-65/74 for having committed offences under Sections 147, 427 read with 149, 323 read with 149 and 302 read with 149 of the Indian Penal Code, alleging that they committed murder of Radhey Shyam, an infant aged about 4 years, son of P.W. 1 Ghirau, by lifting him and throwing him on the ground. The genesis of the quarrel lies in a transaction of sale of land belonging to one Smt. Koela purchased by P.W. 1 Ghirau from accused 1 Sarabjeet Singh for a consideration of Rs. 1600/- three years prior to July 15, 1972, being the date of occurrence. This transaction of sale was not evidenced by any registered deed but P.W. 1 Ghirau claimed to be in possession and in order to assert his possession he procee...
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