Court : Supreme Court of India
Reported in : AIR1990SC65; 1990CriLJ60a; [1990(60)FLR13]; JT1989(4)SC260; 1989(2)SCALE944; 1989Supp(2)SCC652; [1989]Supp2SCR19
ORDERRanganath Misra, J.1. This appeal is by special leave and is directed against the judgment of the Division Bench of the High Court of Gauhati setting aside the order of conviction and the punishment of imprisonment as also the order of dismissal from service inflicted on the three respondents following a finding of guilt by the General Court Martial.2. Naik Subedar Baleshwar Ram was a Junior Commissioned Officer of Amaribari Supply Point in the far eastern in sector and was in overall charge of the said supply point. Around 5.30 p.m. on June 19, 1980, he directed Driver Rattan Singh to park an army vehicle near the ration store for loading dry ration. Respondent Ramji with the help of one labour from civilian side loaded the dry ration in the vehicle, where after Baleshwar Ram directed the truck to be taken towards Balipura. Respondent No. 1 sat in the front seat in civil dress while respondents 2 and 3 sat behind the body of the truck. By the time the vehicle reached Balipura, it...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC442; [1989(59)FLR801]; JT1989(4)SC221; 1989(2)SCALE939; 1989Supp(2)SCC625; [1989]Supp1SCR751; (1990)1UPLBEC164
Murari Mohon Dutt, J.1. Special leave is granted. Heard learned Counsel for both parties.2. The respondents were holding the posts of Junior Scientific Officers (Group 'B' posts) in the Defence Research & Development Service. They were promoted to the posts of Scientists 'B' with effect from October 16, 1985 or from the date they would actually assume charge of the posts The respondents filed an application before the Central Administrative Tribunal, Allahabad, claiming that they should have been promoted to the posts of Scientists 'B' with effect from July 1, 1984. The Tribunal rejected the prayer of the respondents that their promotions should have been made with effect from July 1, 1984. The Tribunal, however, directed that their promotions should be with effect from the date on which the promotional posts were created. The short question involved in this appeal is whether the Tribunal was justified in directing that the respondents promotion should be with effect from the date the ...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1990(60)FLR15]; JT1989(4)SC380; 1989(2)SCALE1029; (1990)1SCC68; [1989]Supp1SCR755; 1990(1)SLJ140(SC); 1990(1)LC257(SC)
K. Jagannatha Shetty, J.1. Special leave granted.2. Having heard counsel on both sides and having perused the material on record, we are of opinion that the matter requires reconsideration by the Provident Fund Commissioner.3. The Food Corporation of India has depots located at various places in Rajasthan for handling storing and transporting food grains and other articles. It has appointed contractors for execution of such works and the contractors in turn engaged some workers. In respect of such workers, the Provident Fund Commissioner called upon the Corporation to deposit contribution payable under the Employees Provident Fund Act and the scheme framed there under. When there was noncompliance, the Commissioner made an order under Section 7(a) of the said Act determining amount payable by the Corporation. Being aggrieved by that determination, the Corporation moved the High Court for relief under Article 226 of the Constitution. The High Court has dismissed the petition.4. Hence th...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC67; 1989(2)SCALE923; 1989Supp(2)SCC620; [1989]Supp1SCR769
S. Ranganathan, J.1. Nawal Singh sold 102 bighas of land to Nathu Ram for Rs. 8000/- by a sale dated 11th February, 1952. He also executed a sale-deed in respect of 90 bighas of land to Sardha Ram for a sum of Rs. 4,500/- on 28th October, 1952. There were recitals in the two sale-deeds regarding the necessity for the sale. The first sale-deed stated :-(1) The land is Banjar Qadim. According to the law in force, it is obligatory to break and cultivate this land. Otherwise the Government would give it out by auction to some other person.(2) I need money to bring other land under the plough, to sink a new well and for other agricultural works, such as purchases of bullocks etc..The recitals in the second sale-deed dated 28-10-1952 ran as follows:I have absolutely sold the aforesaid banjar qadim land....for meeting my own needs, repairing the well, installing a persian wheel, purchasing camel, and reclaiming the aforesaid banjar qadim jungle land.2. Nawal Singh's heirs filed suits for sett...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC176; 1990CriLJ659; 1990(25)ECC277; (1990)1SCC81; [1989]Supp1SCR733
ORDERMurari Mohon Dutt, J.1. Elaborate submissions have been made by the learned Counsel for both the parties and, accordingly, we proceed to dispose of the case on its merit after granting special leave.2. This appeal is directed against the judgment of the High Court of Punjab & Haryana, dismissing the writ petition filed by three detenu including one Madan Lal Anand, the husband of the appellant, challenging the validity of the orders of detention, all dated September 30, 1988, passed by the Joint Secretary to the Government of India, the detaining authority, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, hereinafter referred to as the 'COFEPOSA Act'. So far as the detenu Madan Lal Anand is concerned, the order of detention was passed 'with a view to preventing the detenu from abetting the smuggling of goods and dealing is smuggled goods otherwise than by engaging in transporting or concealing or keeping smuggled goods'. ...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1990(45)ELT204(SC); 1989(2)SCALE970; (1990)1SCC81a
Dutt, J.1. Elaborate submissions have been made by the learned Counsel for both the parties and, accordingly, we proceed to dispose of the case on its merit after granting special leave.2. This appeal is directed against the judgment of the High Court of Punjab & Haryana, dismissing the writ petition filed by three detenus including one Madan Lal Anand, the husband of the appellant, challenging the validity of the orders of detention, all dated September 30, 1988, passed by the Joint Secretary to the Government of India, the detaining authority, under Section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974, hereinafter referred to as the 'COFEPOSA Act'. So far as the detenu Madan Lal Anand is concerned, the order of detention was passed with a view to preventing the detenu from abetting the smuggling of goods and dealing in smuggled goods otherwise than by engaging in transporting or concealing or keeping smuggled goods'. The order of deten...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC444; JT1989(4)SC262; 1989(2)SCALE902; 1989Supp(2)SCC356
Kuldip Singh, J.1. Venkatarayulu Naidu Charities is a public trust.' V.P. Venkatakrishna Naidu and V.P. Rajagopala Naidu, filed an original suit No. 28 of 1909 (hereinafter called original suit) in the court of Subordinate. Judge, Mayavaram under Section 92 of the CPC praying inter alia that the defendant trustee be removed from the said office and a new trustee be appointed with directions to recover trust properties improperly and fraudulently alienated by the defendent. The subordinate court permitted the trustee to continue and framed a scheme-decree dated September 9, 1910 for the future management and administration of the trust. Clauses 13 and 14 of the scheme are as under:13. The trustee shall not effect any alterations or additions to the existing buildings except with the permission of the Tanjore Sub Court.14. Liberty is given to the parties to apply to the Tanjore Sub Court for further directions if any from time to time as regards the administration of the trusts.2. The qu...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC79; JT1989(4)SC223; 1989(2)SCALE906; 1989Supp(2)SCC706; 1990(1)LC137(SC)
ORDERS. Ratnavel Pandian, J.1. This criminal appeal is directed against the judgment of the High Court of Andhra Pradesh, rendered in Criminal Appeal No. 544 of 1987 partly allowing the appeal by setting aside the convictions of respondents 2 to 4 (accused Nos. 1 to 3) under Section 302 read with Section 34 of I.P.C. and Section 498-A I.P.C. and the sentence of imprisonment for life and the sentence of one year rigorous imprisonment respectively but retaining the conviction of the respondents 2 to 4 under Section 201 read with Section 34 of I.P.C. and the sentence of three years rigorous imprisonment as against respondents 2 and 3 (accused 1 and 2) but reducing the sentence of imprisonment inflicted on respondent No. 4 (A-3) to the period already undergone and in lieu of the unserved portion of the sentence, imposing a fine of Rs. 1000/- in default to suffer rigorous imprisonment for three months.2. The relevant facts of the case giving rise to this appeal are necessary to be re-capitu...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC444a; [1989]Supp1SCR760
ORDERKuldip Singh, J.1. Venkatarayulu Naidu Charities is a public trust V.P. Venkatakrishna Naidu and V.P. Rajagopala Naidu, filed an original suit No. 28 of 1909 (hereinafter called original suit) in the court of Subordinate Judge, Mayavaram under Section 92 of the CPC praying inter alia that the defendant trustee be removed from the said office and a new trustee be appointed with directions to recover trust properties improperly and fraudulantly alienatedby the defendant. The subordinate court permitted the trustee to continue and framed a scheme-decree dated September 9, 1910 for the future management and administration of the trust. Clauses 13 and 14 of the scheme are as under:13-The trustee shall not effect any alterations or additions to the existing buildings except with the permission of the Tanjore Sub Court.14-Liberty is given to the parties to apply to the Tanjore Sub Court for further directions if any from time to time as regards the administration of the trusts.2. The que...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1989(4)SC173a
Sawant, J.1. This appeal is directed against the order dated August 11, 1986 passed by the Central Administrative Tribunal, Gauhati Bench rejecting the claim for parity in emoluments between the Upper Division Assistants and Lower Division Assistants (herein after referred to as UDAs and LDAs) in the branch establishments on the one hand and their counter parts working at the Head-quarters on the other.2. The admitted facts are that the Assam Rifles, a para-military force was created by the then Assam Govt. under the Assam Rifles Act, 1920, for its protection. It was taken over by the Government of India, Ministry of External Affairs under its direct control in October 1947. It appears further that the Government of India appointed an Inspector General as the Head for conducting mainly the administrative work of the Force. The Force which was controlled by the North Eastern Frontier Agency (NEFA) had 25 Battalions/Units and each Battalion consisting of about 1400 personnel which also i...
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