Court : Supreme Court of India
Reported in : AIR1983SC540; 1983(1)SCALE707; 1984(Supp)SCC600
ORDER 1. Petition for special leave to appeal against the decision of the High Court was granted. Ex-parte ad interim stay of execution was granted subject to notice of motion being taken. The matter is listed to-day for confirmation of ex-parte ad-interim stay.2. Mr. S.B. Bhasme, learned Counsel for the respondents, fairly conceded that the High Court was in error in not examining the revision petition of the appellants on merits on the short ground that the appellants had failed to deposit the rent. This was an untenable ground and it was so conceded by Mr. Bhasme, Revision petition once admitted has to be disposed of on merits. The High Court was in error in dismissing the revision petition on account of failure of the appellants to deposit some rent which had become due. Therefore, the order of the High Court dismissing the revision petition is liable to be set aside. It is no use of keeping the matter pending here. Therefore, we set aside the order of the High Court dismissing the...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC336; (1983)1GLR705; (1983)ILLJ237SC; 1983(1)SCALE85; (1983)1SCC403; [1983]2SCR322
1. These appeals by special leave are directed, against the judgment of the learned Chief Justice (B.J. Diwan) of the Gujarat High Court in Civil Revision Application Nos. 1434 to 1437 of 1973. Those Civil Revision Applications (hereinafter referred to as 'Revisions') were preferred against the judgment of the Civil Judge, (Junior Division) Vijapur ai the authority appointed under Section 20(i) of the Minimum Wages Act, 1948 for Vijapur Taluka in Civil Misc. Applications Nos. 1 and 2 of 1970 and 1 and 2 of 1971 (hereinafter referred to as 'applications'). The four Revisions raised a common question of law and were disposed of by a common judgment.2. The applications before the Minimum Wages Authority were filed by the Gujarat Government Labour Officer and Minimum Wages Inspector for Mehsana district against the Taluka Development Officer, Vijapur Taluka and District Development Officer (Panchayat) Mehsana. The Minimum Wages Inspector contended in those applications that the four employ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC161; 1983(31)BLJR97; (1983)1GLR708; 1983LabIC391; (1983)ILLJ284SC; 1983(1)SCALE66; (1983)2SCC33; [1983]2SCR287; 1983(1)SLJ268(SC)
1. The attitude of the state of Gujarat in these cases has indeed left us puzzled and wondering. On the one hand, there are lakhs of employees working under various Panchayat Institutions, call them Government servants or no, to whom the benefits of the recommendations of the two Pay Commissions, the Sarela and the Desai Commissions, have been extended, while on the other hand, there is a microscopic number (comparatively) of about six thousand employees of the lowest category, also working under Panchayats Institutions, who are denied the benefits of those recommendations, on the sole ground of a birth-mark, if we may so call it, since they are denied the benefits because before they came to work under the Panchayat Institutions, they were employed in municipalities while the others were Government servants to start with. The unfairness and the injustice of the distinction is patent, whatever legal justification may be put forward. Surely, the State, dedicated as it is to socialism, e...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC1149; 1983(1)SCALE92; (1983)2SCC431
1. In this matter as far back as 28th of October, 1980 the respondents (the accused) were granted 4 weeks' time to Pay a sum of Rs. 19,407.46 paisa to the appellant (complainant) with a view to compound the matter and though further extensions of time were granted the respondents have not paid or deposited the said amount for being paid over to the appellant till this day. We therefore, reject a further request for extension to deposit the amount and proceed to deal with the matter on merits.2. A complaint under Sections 420, 467, 468, 34 and 120B I.P.C. was filed by the appellant (Manager of Transport Corporation of India) against the respondents who are partners of M/s. Badridas Jagdish Kumar, of Hathras (the consignees), in the Court of Judicial Magistrate, Khair, Aligarh. It appears that a consignment of 101 bags of copra valued at Rs. 22,620 was despatched by M/s. Jagannath & Sons, Mysore (consignor) to M/s. Badridas Jagdish Kumar of Hathras (consignee) in respect whereof Transpor...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC454; 1983LabIC662; (1983)IILLJ1SC; 1983(1)SCALE864; (1983)2SCC442; 1983(2)SLJ323(SC)
ORDER1. Special leave granted. Delay condened.2. Appellant joined service as a Forest Guard in erstwhile State of Punjab and when the State of Himachal Pradesh was formed, his service stood transferred effective from November 1, 1966 to Himachal Pradesh. At the relevant time, he was serving as Forest Guard in Kulu Forest Division. It appears that one Kali Dass of village Kharka has land of his private ownership within the area covered by the beat of the appellant. Somewhere in the early part of 1973, Kali Dass cut and felled 21 spruce trees in Tarapur 111, Forest of lower Kulu range. It was alleged that the appellant as Forest Guard and one Duni Chand, Block Officer failed to exercise necessary supervision with a view to preventing illicit felling of spruce trees. However, as soon as misdemeanour of Kali Dass came to light, an enquiry was held. In this enquiry, Kali Dass contended that he had cut and felled spruce trees standing on the land of his private ownership and he cannot be acc...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC324; 1983LabIC307; (1983)ILLJ228SC; 1983(1)SCALE33; (1984)1SCC191
Amarendra Nath Sen, J.1. The validity of an order dated 31st December, 1962 passed by the State Bank of India dismissing the appellant from service is questioned by the appellant in this appeal filed with special leave granted by this Court.2. In March, 1948 the appellant was appointed as a clerk in the Head Office of the Imperial Bank of India. The State Bank of India was constituted in 1955 by the State Bank of India Act (Act No. 23 of 1955) to take up the undertaking of the Imperial Bank of India and the entire undertaking of Imperial Bank of India vested in the State Bank of India by virtue of the provisions contained in the said Act. Under Section 7 of the State Bank of India Act, 1955 the appellant's services were transferred to State Bank of India (hereinafter referred to as the Bank). In February 1961 the appellant was transferred to Dinhata Pay Office of the Bank in the District of Coochbehar. In December, 1961 the appellant was served with a show cause notice on a charge of m...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC328; 1983LabIC312; (1983)ILLJ220SC; 1983(1)SCALE38; (1983)1SCC525; [1983]2SCR271
1. The petitioner is the Director of a social action group called Social Work and Research center operating in and around Tilonia village in Ajmer district of the State of Rajasthan. The Social Work and Research center is duly registered society and since February 1972, it his been actively engaged in the work of upliftment of Scheduled Castes and Scheduled Tribes in different areas and particularly in and around Tilonia village. It operates through various groups and the present writ petition has been Sled by the petitioner for the purpose of remedying gross violations of the Minimum Wages Act, 1948 which have been discovered by on such group. These violations, according to the petitioner, have been taking place in the following circumstances and they need to be redressed through judicial intervention. The Public Works Department of the State of Rajasthan is constructing Madanganj Harmara Road close to village Tilonia and according to the State Government, it is a part of famine relie...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC289; 1983CriLJ434; 1983(2)Crimes243(SC); 1983(1)SCALE25; 1984Supp(1)SCC625
Misra, J.1. The present appeal by special leave is directed against the judgment of the High Court of Patna dated 8th November, 1974 whereby the appeal of the appellants was allowed in part and their conviction under Section 395 IPC was set aside, and instead the appellants were convicted under Section 394 IPC and sentencedto rigorous imprisonment for four years.2. The appellants along with three others were committed to the Court of Sessions to stand their trial for an alleged offence under Section 395 IPC, in connection with a robbery committed in the house of Harihar Prasad Singh, PW 2. At the relevant time Harihar Prasad Singh was posted as an Assistant Sub-Inspector of Police at Udwant Nagar police station in the district of Arrah. He had his residential quarters in the compound of the police station, Udwantnagar. On the night of 2nd and 3rd May, 1968 he was sleeping in the outer room of his quarters. His wife and younger son, Ashok Kumar were sleeping on a chauki in the courtyard...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC259; 1983(1)SCALE48; (1983)1SCC408; [1983]2SCR249
1. This appeal by certificate is filed against the judgment and decree dated July 29, 1970 passed by the High Court of Gujarat in First Appeal No. 438 of 1962 affirming the judgment and decree dated August 27, 1962 passed in Special Civil Suit No. 254 of 1959 on the file of the Civil Judge (Senior Division), Junagadh dismissing the suit of the plaintiffs for possession of the properties mentioned in Schedule-I attached to the plaint and for damages and other reliefs against the Union of India.2. The properties in question which are situated in the area which formed part of the former princely State of Junagadh originally belonged to one Haji Umar Kasam, a resident of Junagadh who died on May 22, 1936. The plaintiffs are his heirs and legal representatives.3. The Nawab of Junagadh accepted the accession of his State to Pakistan on August 13, 1947. On September 23, 1947 Haji Umar Kasam left Junagadh for Haj and sailed from Bombay by 'S.S. Akbar' on October 8, 1947. On October 24, 1947, t...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC281; 1983(1)SCALE31; (1983)4SCC34
Misra, J.1. These connected appeals by special leave are directed against the judgment of the High Court of Orissa dated 14th of April, 1977 dismissing the writ petition filed by the appellant against the order of the State Transport Appellate Tribunal.2. The appellant was issued three particular stage carriage permits in respect of three vehicles authorising him to ply the said vehicles on the specified routes within the district of Koraput in the State of Orissa. In all the three cases the route terminated at a point near the border between the State of Orissa and Madhya Pradesh. The appellant, however, without applying for extension of his permits or for fresh inter-State permits from the State Transport Authority, Orissa started plying his vehicles to different points in the State of Madhya Pradesh. The appellant was covering distance of 44 kms., 21 kms. and 44 kms. respectively in the State of Madhya Pradesh. When this case came to the knowledge of the Regional Transport Authority...
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