Court : Supreme Court of India
Reported in : AIR1984SC931; 1984(1)SCALE381; (1984)2SCC354; [1984]2SCR646; 1984(16)LC455(SC)
V.D. Tulzapurkar, J.1. These appeals by special leave raise two questions for our determination: (1) Whether the High Court in exercise of its powers of superintendence under Article 227 was justified in interfering with a concurrent finding of fact recorded by both the lower Courts in favour of the appellants? and (2) Whether the respondent was a protected licensee in respect of the suit premises under the Bombay Rent Act (No. 57 of 1947) as amended by the Maharashtra Act XVII of 19732. This unfortunate litigation between eminent medical practitioners of Bombay has been hotly contested before us since it relates to professional accommodation of which there is great dearth in that city. The accommodation in question consists of a small cabin admeasuring 15'-6' x 11'-2' (approximately 175 sq. ft.) which is a part of the premises of Dr. Amonkar Hospital located on the fourth floor of Bombay Mutual Terrace at 534, Sandhurst Bridge, Bombay, of which one Dr. M.D. Amonkar, since deceased, wa...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC940; (1984)39CTR(SC)147; [1984]146ITR202(SC); 1984(1)SCALE297; (1984)2SCC476; [1984]2SCR634; 1984(16)LC357(SC)
Sabyasachi Mukharji, J.1. These appeals by certificates arise against a decision of the Full Bench of the Patna High Court. Several questions were referred to the High Court of Patna under Section 27(1) of the Wealth Tax, Act, 1957, hereinafter referred to as the Act. Two of these questions have been answered against the assessee, one was held to be not entertainable and one misconceived. The question answered against the revenue in that reference before the High Court was question No. (iii) mentioned in the judgment of B.D. Singh. J. and the question is as follows :-Whether, on the facts and circumstances of the case, the Tribunal was right in including in the assess's net wealth a positive figure, on account of Zamindary compensation without taking into consideration the arrears of agricultural in-come tax instead of taking the figure of compensation receivable from Government of Bihar at nil.2. In order to appreciate the question, it may be necessary to refer to some facts. The ques...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC967; 1984(1)SCALE285; (1984)2SCC75; [1984]2SCR614; 1984(16)LC408(SC)
S. Murtaza Fazal Ali, J.1. This Appeal by special leave is directed against an order passed by the Delhi High Court on August 26, 1980 affirming an order of eviction of the appellant made by the Rent Controller, The facts of the case lie within a very narrow compass and the appeal involves a pure point of law which is already convered by decisions of this Court to which we shall presently refer.2. The tenant, Ravi Dutt Sharma, was inducted into the suit premises as for back as 1945. The landlord Ratan Lal Bhargava applied under Section 19(1)(a) of the Slum Clearance Act ('Slum Act' for short) before the Competent Authority for permitting him to institute a suit for eviction of the appellant but that application was dismissed on July 28, 1973. An appeal against this order was dismissed by the Financial Commissioner on October 4, 1974. Thereafter Respondent filed a suit for eviction of the tenant under Section 14(1)(e) read with Section 25(B) of the Delhi Rent Control Act ('Rent Act' for...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC963; (1984)39CTR(SC)153; [1984]146ITR228(SC); 1984(1)SCALE312; (1984)3SCC59; [1984]2SCR625; 1984(16)LC353(SC)
Sabyasachi Mukharji, J.1. These appeals from the judgment of the High Court of Patna have come to this Court by certificates granted under Section 29 of the Wealth Tax Act, 1957. The questions upon which the certificates of fitness of appeal to this Court have been granted are question Nos. (2), (3) and (4) in Tax Cases Nos. 64 to 68 of 1967. The questions are as follows:Question No. 2. Whether, in the facts and circumstances of the case, the decrees obtained by the assessee against Shri A.H. Lal and Shri D.D. Tulsi for Rs. 1,11,747 and Rs. 51,525 respectively, have been valued under the Wealth, Tax Act, 1957, by correctly applying the provisions of Section 9 of the Act for the purpose of including their values in the net wealth of the assessee?Question No. 3-Whether, the sum of Rs. 32,266, the amount of Agricultural income-tax due from the asessee, falls for deduction in hands of the assessee in arriving at his total wealth for the years 1957-58, 1958-59, 1959-60 and 1960-61?Question ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC885; 1984(32)BLJR110; 1984LabIC614; [1984]2SCR598; 1984(1)SLJ382(SC); 1984(16)LC466(SC)
R.B. Misra, J.1. This bunch of appeals is directed against a common judgment and order of the Patna High Court dated 8th September, 1975 allowing three petitions under Article 226 of the Constitution in part.2. The material facts to bring out the points for consideration in these appeals lie in a narrow compass. The Public Works Department in Bihar had a very small mechanical organisation. In 1962, however, it undertook the execution of a World Bank project. In that connection a number of mechanical overseers were needed. As the project had to be executed on an emergency basis within a short time and there being dearth of qualified overseers, persons who were working only as sub-overseers or persons who had appeared at the diploma examination in engineering, but had not passed the same, were appointed against the sanctioned posts on a provisional basis. There were some others who were also appointed as mechanical overseers on temporary basis in the World Bank project a wing of the Publ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC856; 1984(32)BLJR120; 1984(1)SCALE290; (1984)3SCC10; [1984]2SCR558; 1984(16)LC426(SC)
A. Varadarajan, J.1. This appeal under Section 116(A) of the Representation of People Act, 1951, hereinafter referred to as the 'Act' arises out of the judgment of a learned Single Judge of the Patna High Court in Election Petition No. 27 of 1980, setting aside the appellant's election to the Bihar Legislative Assembly from No. 64, Rui Saidpur constituency on the ground that the election is void on account of improper rejection of the nomination papers of one Ram Kumar Jha. The election petition was filed by the first respondent, Nawal Kishore Sahi, the defeated candidate. The election was held on 31-5-1980 and the results were announced on 1-6-1980 after the counting. The appellant who contested as the Congress (I) candidate secured 38,463 votes while the respondent who contested as the Janata Party candidate secured 26,991 votes. The other candidates secured much less and the appellant who secured a majority of 11,472 votes over the respondent was declared elected by the Returning Of...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC684; AIR1984SC991; (1984)86BOMLR365; 1984CriLJ613; 1984CriLJ819; 1984(1)Crimes568(SC); 1984(1)Crimes926(SC); 1984(1)SCALE198; 1984(1)SCALE583; (1984)2SCC183; (1984
D.A. Desai, J.1. Respondent Abdul Rehman Antulay (hereinafter referred to as the accused) was the Chief Minister of the State of Maharashtra from 1980 till he submitted his resignation on January 12, 1982, which became effective from January 20, 1982. He thus ceased to hold the office of the Chief Minister from January 20, 1982 but continues to be a sitting member of the Maharashtra Legislative Assembly till today.2. As the contentions canvassed before this Court are mainly questions of law, facts at this stage having a peripheral relevance in the course of discussion, it is unnecessary to set out the prosecution case as disclosed in the complaint filed by complainant Ramdas Shrinivas, Nayak (complainant for short) in detail save and except few a pertinent and relevant allegations. In the process the brief/history of the litigation may also be traced.3. The complainant moved the Governor of Maharashtra by his application dated September 1, 1981 requesting him to grant sanction to prose...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC873; 1984(1)SCALE358; (1984)2SCC631; [1984]2SCR582; 1984(16)LC445(SC)
O. Chinnappa Reddy, J.1. Writ petitions questioning admissions to the medical colleges at Srinagar and Jammu appear to have become an annual feature in this Court. In the previous years there was some justification. It does not appear to be so this year. In these writ petitions, the selection of candidates for admission to the two medical colleges at Srinagar and Jammu as well as the nominations by the Government of Jammu & Kashmir to medical colleges outside the State are in question. On Max 24, 1983, the Government of Jammu & Kashmir issued an advertisement inviting applications from permanent residents of Jammu & Kashmir State for admission to the first year MBBS in the medical colleges at Jammu & Srinagar. One of the conditions of eligibility was that a candidate should have passed the 'First TDC (Medical Group) examination from Jammu & Kashmir Board of School Education with not less than 50% of the total marks' in English and Science subjects taken together'. There was some relaxa...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC858; 1984(1)SCALE327; (1984)2SCC600; [1984]2SCR564; 1984(16)LC490(SC)
Ranganath Misra, J.1. The present appeal by special leave is directed against the judgment and order dated 29th July, 1969 of the High Court of Punjab and Haryana at Chandigarh.2. The dispute in this appeal centers around a religious institution in village Ramgarh (also known a Bhagtuana); tehsil Faridkot, district Bhatinda. This village was previously in the erstwhile Nabha State which merged with Pepsu and after the reorganisation of the States, became a part of the Punjab State in 1956. Sixty-five persons claiming to be members of the Sikh community moved an application before the State Government under Section 7(1) of the Sikh Gurdwara Act, 1925 (hereinafter referred to as the Act), as amended by the Amendment Act I of 1959, to have the institution declared to be a Sikh Gurdwara. The State Government notified the said application in the Punjab Gazette in terms of Section 7(3) of the Act on 18th October, 1963. Upon this the appellant made an application under Sections 8 and 10 of th...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC718; (1984)86BOMLR228; 1984CriLJ647; 1984(1)Crimes547(SC); 1984(1)SCALE239; (1984)2SCC500; [1984]2SCR914
D.A. Desai, J.1. This appeal by special leave is directed against the decision of a Division Bench of Bombay High Court in Criminal Revision Application No. 510 of 1982, which was preferred by the appellant against the rejection of his application by the learned special Judge as per his order dated October 20, 1982.2. The various stages through which Special Case No. 24 of 1982 progressed upto and inclusive of October 18, 1982 have been set out in our Judgment rendered today in cognate Criminal Appeal No. 356 of 1983 and they need not be recapitulated here. After the learned special Judge Shri P.S. Bhutta took cognizance of the offences upon a complaint of Ramdas Sriniwas Nayak, the first respondent (Original complainant), the case was adjourned to October 18, 1982 for recording the evidence of the complainant. On that day, learned Counsel appearing for the appellant in the trial court moved an application questioning the jurisdiction of the court on two specific counts; (i) that the C...
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