Court : Supreme Court of India
Reported in : AIR1990SC1480; (1990)1CompLJ125(SC); JT1989(4)SC582; 1991(2)SCALE841; (1990)1SCC613; [1989]Supp2SCR597
ORDERSabyasachi Mukharji, C.J.1. Is the Bhopal Gas Leak Disaster (Processing of Claims) Act, 1985 (hereinafter referred to as 'the Act') is constitutionally valid? That is the question.2. The Act was passed as a sequel to a grim tragedy. On the night of 2nd December, 1984 occurred the most tragic industrial disaster in recorded human history in the city of Bhopal in the State of Madhya Pradesh in India. On that night there was massive escape of lethal gas from the MIC storage tank at Bhopal Plant of the Union Carbide (I) Ltd. (hereinafter referred to as 'UCIL') resulting in large scale death and untold disaster. A chemical plant owned and operated by UCIL was situated in the northern sector of the city of Bhopal. There were numerous hutments adjacent to it on its southern side, which were occupied by impoverished squatters. UCIL manufactured the pesticides, Seven and Tamik, at the Bhopal plant, at the request of, it is stated by Judge John F. Keenan of the United States District Court ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC820; 1989(2)SCALE1483; (1990)3SCC87; [1989]Supp2SCR731; [1990]77STC82(SC); 1990(1)LC482(SC)
Sabyasachi Mukharji, C.J.1. In these several writ petitions, we are concerned with the question of harmonising the power of different States in the Union of India to legislate and/or give appropriate directions within the parameters of the subjects in List II of the 7th Schedule of the Constitution with the principle of economic unity envisaged in Part XIII of the Constitution of India. We are also concerned with the provisions of exemption, encouragement/ incentives given by different States to boost up or help economic growth and development in those States, and in so doing the attempt of the States to give preferential treatment to the goods manufactured or produced in those States. The question essentially is the same in all the matters but the question has to be appreciated in the context of the provisions and the fact situation of the different States involved in these writ petitions. It would, therefore, be appropriate to first deal with Writ Petition No. 803/88 (Niksin Marketin...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1990(1)SCALE49; (1990)2SCC22; [1989]Supp2SCR759
K. RAMASWAMY, J.1. This appeal by special leave by the legal representatives of the plaintiff, Bhikubai, arises from decision in First Appeal No. 90/62 of the High Court of Madhya Pradesh, Indore Bench, dated July 18, 1982 reversing the decree of the trial court in O.S. No. 29/51 filed for possession and mesne profits of two houses, Nos. 88 of 89 situated at Nandlalpura, Indore City, mentioned in the plaint schedule. In this appeal, we are only concerned with House No. 88 as the parties have settled their dispute regarding to the other house. The admitted facts are that one Hariba Bhagwat of Mouza Pisore village had a son by name Appaji and a daughter Bajabai. Appaji in turn had a son by name Rakhmaji and a daughter Bhikubai (the plaintiff). Bajabai was married to Ganpatrao Page of Madhavagoan village. As they were issueless they adopted Rakhmaji. Both the villages are situated in Ahmednagar District of Bombay Province. They are Dhangars (Shepard) by caste. All of them migrated to Indo...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC503; 1989(2)SCALE1431; 1990(Supp)SCC23; 1990(1)LC408(SC)
Kuldip Singh, J.1. This appeal, we hope, is the finale of protracted litigation, over. a period of forty years between two displaced persons from Pakistan regarding transfer of an evacuee property under their occupation since August, 1947. One of them has a 'verified claim' in respect of the property left by him in Pakistan and is entitled to compensation whereas the other is a 'non-claimant'.2. The question for consideration before us is whether the claimant has the right to get whole of the property transferred to him to the exclusion of the non-claimant.3. The facts necessary are as under :jagat Singh and Raghbir Singh on migration from Pakistan as displaced persons occupied in 1947 evacuee property No. 46 in the town of Mandi, Himachal Pradesh. It is not disputed that the two families are in possession of separate portions of the property which they are using as independent units. Raghbir Singh had a verified claim in respect of the property left by him in Pakistan whereas Jagat Si...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1989(2)SCALE1460; 1990Supp(1)SCC29; 1990(1)LC416(SC)
Ranganth Misra, J.1. These are applications under Article 32 of the Constitution. Respondent the National Industrial Development Corporation Limited is a Government of India public sector enterprise and functions as consultants and engineers. The dispute in these cases relates to the employment of a Clerk, some Cooks and other employees in a canteen which was being run by the Corporation. The material placed on record shows that while the Corporation was proceeding to wind up the canteen, under interim orders of this Court the canteen has been continuing and the employment of the petitioners has not been terminated.2. Several affidavits have fleen filed from time to time by parties; several interim orders have also been made over the years when these petitions have been pending before this Court; written submissions have also been furnished.3. Counsel for the Corporation during the hearing of the matters took the stand that the Corporation was not interested in continuing the canteen a...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC469; 1989Supp(2)SCC677; 1990(1)LC413(SC); (1990)1UPLBEC365
ORDERN.M. Kasliwal, J.1. This appeal by Special Leave is directed against the judgment of the Allahabad High Court dated 23rd May, 1978 reported in 1978 All LJ 1271.2. This litigation has a long chequered history, but we narrate the brief facts which are necessary for the disposal of this appeal. Gopal Narain and Tula Ram were tenants of agricultural plots Nos. 154, 171 and 177 in village Fatehpur Rai Saheb, Pargana Bhojpur, District Farrukhabad. Shrimati Rani Chauhani was landholder of these plots. She obtained surrender of these plots by coercion on 14th September, 1943 from the aforementioned Gopal Narain and Tula Ram. Smt. Rani Chauhani then inducted Sita Ram, Ram Kishan and Babu Ram as tenants on 9th December, 1944. Gopal Narain and Tula Ram started proceedings for reinstatement under Section 27(2) of U.P. Act X of 1947 within six months of the enforcement of the said Act. This application was dismissed by the Consolidation Officer and appeal filed against it was also dismissed. A...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC535; (1990)ILLJ526SC; 1989(2)SCALE1405; (1990)1SCC288; (1990)1SCC288a; 1990(1)LC424(SC)
Ranganathan, J.1. The petitioner filed two petitions before the Andhra Pradesh Administrative Tribunal. The first petition (R.P. No. 315/77) requested the Tribunal to declare the action of the State of Andhra Pradesh in 'isolating and framing the rules for the post of Lecturer in Radiological Physics and converting the non-gazetted post held by the 4th respondent, Shri D.K. Subranmanyam Reddy (hereinafter referred to as 'the respondent'), as gazetted and in appointing the 4th respondent to the said post'; the other (R.P. 69/84) contained a prayer to declare the Government order by which the post of Lecturer in Radiological Physics at the Andhra Medical College, Visakhapatnam, was upgraded to that of Professor of Radiological Physics and G.O. Ms. No. 651 dated 20.10.83, promoting the 3rd respondent (respondent 4 in the earlier petition) as Professor in Radiological Physics as arbitrary and unconstitutional. The Tribunal discussed the various points raised by petitioner but ultimately di...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC464; 1990CriLJ316; 1989(2)SCALE1426; (1990)1SCC259; [1989]Supp2SCR561
ORDERV. Ramaswami J.1. In this petition the petitioner has prayed for convicting Respondents 1 and 2 for committing the contempt of this Court by violating the terms and conditions of the undertaking filed in Civil Appeal No. 2628 of 1980 and for a direction that whosoever is in possession of the suit premises be handed over to the petitioner. The petitioner as the owner and landlord of the property, Tika No. 3, City Survey House, bearing No. 344/345, Jambli Naka, Thane, consisting of ground floor, first floor and second floor in which the business of restaurant known as Ramakrishna Hindu Hotel or Ramakrishna Hotel is carried on, filed Civil Suit No. 213 of 1970 in the Court of Civil Judge, Senior Division, Thane, against the first respondent and four others, by name, P.A. Dange, V.A. Dange, Haribhan Shivale and Giri Anna Shetty for eviction from the above said premises. The suit was decreed by the Trial Court. The first respondent who was the first defendant in the suit alone filed an...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1989(2)SCALE1403; 1989Supp(2)SCC677a
Kasliwal, J.1. This appeal by Special Leave is directed against the Judgment of the Allahabad High Court dated 23rd May, 1978.2. This litigation has a long chequed history, but we narrate the brief facts which are necessary for the disposal of this appeal. Gopal Narain and Tula Ram were tenants of agricultural plots Nos. 154, 171 and 177 in Village Fatehpur Rai Saheb, Pargana Bhojpur, District Farrukhabad. Shrimati Rani Chauhan was landholder of these plots. She obtained surrender of these plots by coercion on 14th September, 1943 from the aforementioned Gopal Narain and Tula Ram. Smt. Rani Chauhan then inducted Sita Ram, Ram Kishan and Babu Ram as tenants on 9th December, 1944. Gopal Narain and Tula Ram started proceedings for reinstatement under Section 27(2) of U.P. Act X of 1947 within six months of the enforcement of the said Act. This application was dismissed by the Consolidation Officer and appeal filed against it was also dismissed. A revision filed by Gopal Narain and Tula Ra...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1990)1SCC259a
V. Ramaswami, J.1. In this petition the petitioner has prayed for convicting Respondents 1 and 2 for committing the contempt of this Court by violating the terms and conditions of the undertaking filed in Civil Appeal No. 2628 of 1980 and for a direction that whosoever is in possession of the suit premises be handed over to the petitioner. The petitioner as the owner and landlord of the property, Tika No. 3, City Survey House, bearing No. 344/345, Jambli Naka, Thane, consisting of ground floor, first floor and second floor in which the business of restaurant known as Ramrkrishna Hindu Hotel or Ramakrishna Hotel is cursed on, filed Civil Suit No. 213 of 1970 in the Court of Civil Judge, Senior Division, Thane, against the first respondent and four others, by name, P.A. Dange, V.A. Dange, Haribhan Shivale and Giri Anna Shetty for eviction from the above said premises. The suit was decreed by the Trial Court. The first respondent who was the first defendant in the suit alone filed an appe...
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