Court : Supreme Court of India
Reported in : AIR1985SC928; 1985(1)SCALE655; (1985)2SCC723; [1985]3SCR569; 1985(1)SLJ544(SC); 1985(17)LC766(SC)
1. Special leave granted.2. Delay in filing the special leave petition condoned.3. We heard Mr. A Subba Rao, learned Counsel for the appellant and Mr. Ram Reddy, learned senior counsel for the State of Andhra Pradesh.4. The appellant claims that if appropriate action would have been taken at the time it was due, as per the G.O.Ms. No. 559 dated May 4, 1961 which provides that the principle of reservation should be extended to all cadres of posts including posts involving promotions in all departments including the Departments of Secretariat to which it did not apply till then, the appellant would have been eligible for promotion as Deputy Registrar of Co-operative Societies in 1965. He also claims that by denying him the promotion in violation of the afore-mentioned Govt. Order, his futurepromotion to the post of Joint Registrar has been adversely affected because in that event he would have long since been appointed as Joint Registrar. The appellant sought relief by filing Representat...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC930; 1985(1)SCALE1169; (1985)3SCC126; 1985(17)LC743(SC)
1. The question involved in this appeal by certificate seems to be covered by the decision of this Court in Maganlal Chhagganlal (P) Ltd. v. Municipal Corporation of Greater Bombay and Ors. : [1975]1SCR1 . which impliedly overrules the Full Bench decision of the Allahabad High Court in Raja Ram Verma v. State of Uttar Pradesh : AIR1968All369 taking a view to the contrary. In the Maganlal Chhagganlal's case, the question was as to the validity under Article 14 of the Bombay Municipal Corporation Act, 1888 and the Bombay Government Premises (Eviction) Act, 1955 which conferred on the authorities the power to initiate eviction proceedings against unauthorized occupants of Corporation and Government premises. The majority speaking through Alagiriswami J. disapproved the majority view in Northern India Caterers Private Ltd., and Anr. v. Stale of Punjab and Anr. : [1967]3SCR399 . and held that the statutes lay down the purpose behind them, that is, that premises belonging to the Corporation ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC867; 1985(5)ECC252; 1985(20)ELT239(SC); [1985]153ITR322(SC); 1985(1)SCALE672; (1985)2SCC719; [1985]3SCR575
1. Two contentions under a Scheme called 'Tax Credit Certificate (excise Duty on Excess Clearance) Scheme, 1965' framed by the Central Government under Section 280ZD of the Income Tax Act, 1961, which were negatived by the High Court, have again been pressed by the appellant company before us in these appeals but after hearing counsel for the appellant company at some length and after going through the relevant provision of the said Scheme, relevant section of the Income Tax Act, 1961 and Section 80 of the Finance Act 1965 we are satisfied that the High Court was right in the view which it took on both the contentions and the appeals deserve to be dismissed.2. With a view to encourage investment in new equity shares and to stimulate industrial output the Government of India introduced certain special provisions in Chapter XXI1-B of the Income Tax Act, 1961 for the grant of tax credit certificate and Section 230ZD is one of such Provisions which provides for the grant of tax credit cert...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC901; 1985(1)SCALE609; (1985)2SCC544; [1985]3SCR561; [1987]64STC6(SC)
1. The present appeal by certificate is directed against the judgment dated 28 April, 1969 of the High Court of Madha Pradesh, Indore Bench.2. The facts leading to this appeal are brief. The respondents are the owners of Jaora Sugar Mills situated at Jaora in the earlier State of Madhya Bharat. The erstwhile State of Jaora merged in the State of Madhya Bharat. After the merger the Madhya Bharat Essential Supplies (Temporary Powers) Act, 1948 came into force. By a notification No. 5163/XXX (49) dated 5 September, 1949 the Madhya Bharat Government in exercise of the Powers vested under the said Act included 'sugar' in the list of articles as an essential commodity. By another notification No. 5I66/XXX(49) dated the 5 September, 1949 the Madhya Bharat Government delegated its powers to issue orders under the said Act in favour of the Director, Civil Supplies, Madhya Bharat. In exercise of the powers conferred on him under the Madhya Bharat Sugar Control Order, 1949 the Director of Civil S...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC724; 1986LabIC357; 1985(1)SCALE613; (1985)3SCC198; [1985]3SCR509; 1985(1)SLJ561(SC); 1985(17)LC991(SC)
1. In the above writ petitions tiled under At tide 32 of the Constitution the petitioners have questioned the constitutional validity of the Andhra Pradesh Abolition of Posts of Part-time Village Officers Ordinance, 1984 (Ordinance No. 1 of 1984) (hereinafter referred to as 'the Ordinance') promulgated by the Governor of Andhra Pradesh on January 6, 1984 in exercise of his powers under Article 213 of the Constitution by which the posts of part-time Village Officers in the State of Andhra Pradesh came to be abolished and provision was made for the appointment of Village Assistants. Some of the petitions which are disposed of by this judgment had been filed before the High Court of Andhra Pradesh under Article 226 of the Constitution foe similar reliefs. They were withdrawn to this Court under Article 139A of the Constitution for hearing them along with the petitions tiled under Article 32.2. Section 2(d) of the Ordinance defined the expression 'part-time village officer' as a person who...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC823; 1985CriLJ1079; 1985(1)Crimes877(SC); 1985(1)SCALE681; (1985)3SCC291; [1985]3SCR533
1. These appeals by special leave are against the common judgment of a Division Bench of the Gauhati High Court in Criminal Death Sentence Reference No. 1 of 1981 in regard to two accused persons Henry Westmuller Roberts and Sunil Chandra Biswas and Criminal Appeal No. 19 of 1981 filed by those two condemned persons and Criminal Appeals Nos. 24 and 25 of 1981 filed by Naresh Chandra Ghatani and Anil Chandra Barua respectively. The Sessions Judge, Dibrugarh in Sessions Case No. 33 (TSK) of 1978, convicted and sentenced Henry Westmuller Roberts and Sunil Chandra Biswas (hereinafter referred to as Henry and Sunil respectively) to detail under Section 302 read with Section 34 I.P.C. for the murder of a boy Sanjay, alias Gettu Agarvvala (hereinafter referred to as Sanjay), and to imprisonment for life under Section 364 read with Section 34 I.P.C. and rigorous imprisonment for seven years under Section 201 read with Section 34 I.P.C. and those two accused Henry and Sunil and accused Anil Cha...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC746; 1985(6)ECC132; 1985(20)ELT202(SC); 1985(1)SCALE627; (1985)3SCC85; [1985]3SCR475; 1985(17)LC574(SC)
1. The question for consideration in this appeal by Special Leave is whether the plywood manufactured by the Respondent and utilised by the respondent in manufacturing plywood circles to be used as component parts of packing material for wire and cables is exigible to excise duty under the Central Excise and Salt Act, 1944.2. The respondent is a manufacturer of plywood circles to be used as component parts of packing materials for wire and cables. The Respondent used to be assessed to duty under the Central Excise and Salt Act, 1944 (hereinafter referred to as the Act) on the basis of the total area of the circles manufactured and the duty used to be collected when the circles were issued out of the factory premises. On 13.2.1967 an audit objection was taken to this mode of assessment of excise duty on the ground that the process of cutting out circles and punching of holes cannot be considered as incidental or ancillary to the completion of the manufacture of plywood. The audit object...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC741; 1985CriLJ921; 1985(1)Crimes826(SC); 1985(1)SCALE539; (1985)2SCC589; [1985]3SCR464
1. This appeal by special leave is by the Delhi Administration and directed against the judgment of a learned Single Judge of the Delhi High Court dismissing Criminal Revision No. 268 of 1982 in limine. That criminal revision was filed against the acquittal of the respondent by the learned Metropolitan Magistrate, Delhi in Case No. 11 of 1982, in which the respondent was tried p for an offence under Section 7 read with Section 16 of the Prevention of Food Adulteration Act, 1954 (hereinafter referred to as 'the Act').2. The Food Inspector, P.W. 4 took a sample of lal mirchi powder from the grocery shop of the respondent. On analysis by the Public Analyst it was found in Ex. PW 1/C that the sample contained nine living meal worms. There was no other evidence in support of the case of the prosecution that the lal mirchi powder was adulterated. It was contended before the learned Magistrate that the evidence by way of the Public Analyst's report does not satisfy the requirement of the defi...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1034; (1985)2CompLJ162(SC); [1985(50)FLR477]; (1985)IILLJ33SC; 1985(1)SCALE592; (1985)3SCC103; [1985]3SCR491; 1985(17)LC542(SC)
1. What is the rate of overtime allowance admissible to the employees of the two appellants working their establishments situated in the State of Tamil Nadu is the only question raised in these appeals by special leave2. M/s. Philips India Ltd the appellant in the first batch of appeals-a company incorporated under the Companies Act has an establishment in the State of Tamil Nadu. This establishment is governed by The Tamil Nadu Shops and Establishments Act, 1947 ('Act' for short). According to the practice followed by the company, the employees of the establishment had to render service for 39 hours a week, made up of 7 hours per day from Monday to Friday and 4 hours on Saturday. Effective from March 29, 1985, when the company switched over to five days week, it still retained the total number of working hours per week at 39 by extending the working hours from Monday to Thursday at 7-3/4 hours and 8 hours on Friday. Thus the total working hours per week remained constant at 39. The co...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1985(1)SCALE1260; (1985)2SCC441; 1985(17)LC375(SC)
Amarendra Nath Sen, J.1. The question for consideration in this appeal by certificate is whether the Temple of Radha Ballabh situated in Pakhali Pole Raipur, Ahmedabad falls under the category of Public Trust under the Bombay Public Trust Act, 1950 (hereinafter referred to as the Act) and its properties are public trust properties.2. After holding the necessary enquiry as required under the Act, the Deputy Charity Commissioner, Ahmedabad Division held that the Temple came under the category of public trust and its properties were public trust properties. The decision of the Deputy Charity Commissioner was confirmed by the Charity Commissioner in Appeal. In the revision petition presented to the District Judge, Ahmedabad under Section 72 of the Act by the present appellant, the District Judge held that the Temple was a private Temple and the properties were not public trust properties and the District Judge set aside the decision of the Deputy Charity Commissioner and also the decision ...
Tag this Judgment!