Court : Supreme Court of India
Reported in : JT1988(1)SC344; (1988)IILLJ218SC; 1988Supp(1)SCC518
ORDERE.S. Venkataramiah, J.1. Shri S.K. Bagga, learned Counsel appears for the petitioners. We do not find any substance in the contention of the petitioners in these cases that the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter referred to as 'the Act') has no application to the educational institutions who are petitioners in these cases. We, therefore, dismiss all these cases.2. We direct that the petitioners shall comply with the Act and the schemes framed there under regularly with effect from 1.2.1988. Whatever arrears they have to pay under the Act and the schemes in respect of the period between 1.3.1982 and 1.2.1988 shall be paid by each of the petitioners within such time as may be granted by the Regional Provident Fund Commissioner. If the petitioners pay all the arrears payable from 1st March, 1982 upto 1st February, 1988 in accordance with the directions of the Regional Provident Fund Commissioner he shall not levy any damages for the delay i...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC701; JT1988(1)SC241; (1988)ILLJ419SC; 1988(1)SCALE234; (1988)1SCC594; [1988]2SCR862; 1988(1)LC456(SC)
ORDER1. The 1st respondent - Subodh Chandra is working as an operator grade-III under the Hindustan Fertilizer Corporation Ltd. at Sindhri. The date of birth recorded in the register maintained by the Hindustan Fertilizer Corporation Ltd. was 1-6-1931 and in the usual course he has to retire from service on 1-6-1989 on completion of 58 years of age. He, however, filed a writ petition in the High Court of Patna claiming that his date of birth should be altered to 20th October, 1938. In support of his case he relied on a certificate issued by the Chief Medical Officer, Sindhri. The petition was contested by the Hindustan Fertilizer Corporation of India Ltd. After hearing the learned Counsel for the parties, the learned Judge who heard the petition held that it was not possible to accept the case of the 1st respondent that he was born in the year 1938 and he further found that the date of birth as recorded in the register of the Corporation should not be interfered with. The learned Judge...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1988(1)SC213; 1988(1)SCALE223; (1988)1SCC656; [1988]2SCR833; 1988(1)LC572(SC)
B.C. Ray, J.1. This is an appeal by special leave against the judgment and order passed in Civil Revision No. 2371 of 1986 dismissing the revision petition and upholding the order of eviction of the tenant-appellant from the house in question.2. The landlord, Kartar Singh filed an application in the court of Rent Controller, Kapurthala under Section 13-A of the East Punjab Urban Rent Restriction (Amendment) Act, 1985, stating inter alia that Dr. D.M.Malhotra is a tenant in respect of his house No. 694-BA within Kapurthala Municipality; that he was in arrears of rent since 22nd December, 1984; that the landlord retired from the service of Government of India, Ministry of Defence on 20th May, 1949 and his service was thereafter transferred to the Ministry of Rahabilitation from where he was discharged on 30th November, 1965 on the abolition of the Ministry; that he had no other house within the municipality and that he wanted the house in question to reside and prayed for ejectment of th...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1988CriLJ909; (1988)1SCC618; [1998]2SCR843
G.L. Oza, J.1. This is an appeal on grant of special leave against the judgment of the High Court of Punjab and Haryana in Criminal Appeal No. 437/86 and Reference No. 4/86 wherein the learned Judges of the High Court maintained the conviction and sentence passed against the appellants by the learned Additional Sessions Judge, Faridkot. The conviction and sentences passed against the appellants are:CHARGES & SENTENCES: Darshan Singh Under Section 302 IPC (for Sentenced to death and to the murder of pay a fine of Rs. 200/- or Mukand Singh in default R.I. for three months. Pala Singh, Under Sections 302/34 IPC Sentenced to undergo Buggar Singh (for the murder) imprisonment for life and alias Bagga (of Mukand Singh) to pay a fine of Rs. 200/- or Singh and in default R.I. for three Roop Singh months each. Darshan Singh Under Section 302 IPC Sentenced to death and to (for the murder) pay a fine of Rs. 200/- or in of Harbans Kaur) default to undergo R.I. for three months. Pala Singh, Under S...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC624; JT1988(1)SC224; 1988(1)SCALE218; (1988)1SCC647; [1988]2SCR853; 1988(1)LC539(SC)
B.C. Ray, J.1. This is an appeal by special leave against the judgment and order passed in Writ Petition No. 41- of 1978 dismissing the writ petition and upholding the order of the District Judge, Srinagar dated 26th July, 1978 as well as the order of the Estate Officer dated 20th March, 1978.2. The petitioners purchased the premises in dispute which were originally leased out to Dewan Bishen pass, Ex. Prime Minister of the Jammu and Kashmir, from his successor-in-infeerest Purnesh Chandra and Others by two sale deeds dated 12.7.1967 and 8.12.1967. Dewan Bishen Dass who took lease of the said property was in possession of the same for more than 75 years. The suit property consists of residential houses, buildings, shed and open lands. The appellants purchased the land under Khasra Nos. 885 (min) 890 and 891 measuring about 10 Kanals. In 1957 the respondents State Government tried to resume the lands for setting up a Tonga and Lorry stand; but thereafter no action was taken in this rega...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1990]68CompCas443(SC); 1988(1)Crimes791(SC); 1988(15)ECC461; 1988(35)ELT441(SC); JT1988(1)SC235; (1988)IILLJ344SC; 1988(1)SCALE194; (1988)1SCC541; [1988]2SCR800
B.C. Ray, J.1. Special leave granted. Arguments heard.2. This appeal by special leave is directed against the judgment and order dated 9th October, 1987 passed by the High Court of Delhi in Criminal Writ Petition Mo. 262 of 1987 discharging the rule and rejecting the writ petition.3. The appellant was arrested and detained on 21st March, 1987 from his residence at Dahiwali Gali, Karola Market, Maya Laxman Mandir, Bharatpur by an order of detention made under Section 3(1) of Conservation of foreign Exchange and Prevention of Smuggling Activities Act, 1974 with a view to prevent him from acting in any manner prejudicial to the augmentation of foreign currency and also with a view to prevent him from engaging and keeping smuggled gold. The appellant was served with the grounds of detention by the Detaining Authority, Shri Tarun Roy, Joint Secretary to the Government of India. It had been stated therein that the appellant may make any representation to the Advisory Board against his detent...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC633; (1988)90BOMLR81; JT1988(1)SC231; (1988)ILLJ543SC; 1988(1)SCALE208; (1988)1SCC640; [1988]2SCR825; 1988(1)LC560(SC)
G.L. Oza, J.1. Leave granted. This appeal has been filed by the Union of India against a judgment passed by High Court of Bombay in Misc. Petition No. 1946/84 decided on 2.4.1986. A Writ Petition before the High Court was filed by M.T.S.S.D Workers' Union, Pune and two of the employees in the establishment in which this union is functioning. In this Writ Petition an order was sought quashing the decision of the authorities concerned of the petitioner who by their order dated 31.1.1984 informed the union about the scheme of the election to the Works Committee on the basis of the division in different constituencies. This order of the Commandant was conveyed to the respondent union. These Works Committees were to be constituted for the period 1984-86.2. The question that was considered by the High Court was as to whether such a distribution was permissible under the Rules framed under Industrial Disputes Act.3. The Bombay High Court by the impugned judgment came to the conclusion that su...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC628; 1988(36)BLJR452; 1988CriLJ866; 1988(1)Crimes822(SC); JT1988(1)SC200; 1988(1)SCALE191; (1988)1SCC712; [1988]2SCR794; 1988(1)LC408(SC)
B.C. Ray, J.1. This appeal by special leave is against the judgment and order passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal No. 302-DB of 1984 reversing the conviction and sentence passed by the Additional Sessions Judge, Patiala and acquitting the appellant Paul Singh (respondent No. 2 in this appeal) of the charge under Section 302.2. On October 8, 1983 at about 4 P.M. the deceased,. Karnail' Singh who was the next door neighbour of Paul Singh, along with his son Kuldip Singh (PW8) where taking their buffaloes from their house towards the fields. When they reached near the house of one Baldev Singh in the lane where the houses of Weaver community are situated, respondent No. 2, Paul Singh came from the opposite side driving a tractor. While the tractor was passing, it hit one of the buffaloes whereon Karnail Singh asked Paul Singh whether he could not see the buffaloes. There was some altercation between the parties. Paul Singh suddenly got down from...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC644; 1988(36)BLJR295; (1988)90BOMLR96; 1988CriLJ793; 1988(1)Crimes594(SC); JT1988(1)SC193; 1988MhLJ335(SC); 1988(1)SCALE184; (1988)1SCC530; [1988]2SCR809
Lalit Mohan Sharma, J.1. The point involved in this appeal is whether a Hindu woman who is married after coming into force of the Hindu Marriage Act, 1955 to a Hindu male having a living lawfully wedded wife can maintain an application for maintenance under Section 125 of the CrPC, 1973 (hereinafter referred to as the Code). The appellant Smt. Yamunabai was factually married to respondent No. 1 Anantrao Shivram Adhav by observance of rites under Hindu Law in June, 1974. Anantrao had earlier married one Smt. Lilabai who was alive and the marriage was subsisting in 1974. The appellant lived with the respondent No. 1 for a week and thereafter left the house alleging ill-treatment. She made an application for maintenance in 1976 which was dismissed. The matter was taken to the Bombay High Court, where the case was heard by a Pull Bench, and was decided against the appellant by the impugned judgment.2. Section 125 of the Code by Sub-section(1) which reads as follows clothes the 'wife ' with...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC2112; (1988)1GLR652(SC); JT1988(1)SC248; (1994)IIILLJ1111SC; 1988(1)SCALE217; (1988)1SCC638; 1988(1)LC455(SC)
K.N. Singh, J.1. This appeal is directed against the judgment and order of the High Court of Gujarat dated October 12/13, 1983 directing the University of Gujarat to pay back wages to the respondent for the period 20.9.1973 to 114.9.1981 on the basis of the monthly emoluments which he was to entitled withdraw for the post to which he was reinstated in pursuance of earlier order of that Court dated 6/7/.8.1981.2. The respondent was employed as a lecturer in the Faculty of Education and Psychology with the appellant University. In June, 1970 the University sent him to West Germany on an educational scholarship for research work in Education. He applied for duty leave of four months for training in German language before taking up of his scholarship assignment in Frankfurt in November, 1970. The University granted leave. The respondent was granted leave on half-pay for 180 days from 30 5. 1971 to 25.11. 1971 and then to 28.1. 1973. His period of leave was further extended and ultimately h...
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