Court : Supreme Court of India
Reported in : AIR1989SC1658; 1989(1)SCALE1564; (1989)3SCC240; 1989(2)LC239(SC)
M.H. Kania, J.1 This is an Appeal from the judgment of a learned Single Judge of the Madras High Court in Second Appeal No. 1706 of 1985 and C.R.P. (Civil Revision Petition) No. 3135 of 1985 which were heard together. For the sake of convenience we propose to refer to the parties by their original descriptions in the suit.2 The plaintiffs are the owners of the suit land, including a vacant site in Elappan Road in Cumbum in Madras. This site was learned out by the plaintiffs (Respondents before us), to defendant No. 1 (who is Appellant No 1 before us) for conducting a timber shop, at a rent of Rs. 70/- per month. In a family partition, the first plaintiff (who is Respondent No. 1 before us) got as his share the northern portion of the land belonging to the plaintiffs which included the suit land. The plaintiffs filed a suit to evict the defendants on various grounds including the ground that they wanted to build their own house on the suit land and hence bona fide need the suit land for...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC1713; 1989(23)LC163(SC); 1989(42)ELT344(SC); JT1989(2)SC466; 1989(1)SCALE1458; 1989Supp(2)SCC201; [1989]3SCR356; 1989(2)LC377(SC)
R.S. Pathak, C.J.I.1. These appeals by special leave are directed against the judgment and order of the High Court of Delhi dismissing writ petitions complaining of discriminatory treatment between the appellants and the State Trading Corporation in regard to the rate of customs duly levied on the import of edible oils. A number of writ petitions have also been filed directly in this Court by other private importers based : on the same complaint. They pray for relief in terms of the same rate of customs duty as has been applied to the import of edible oils effected by the State Trading Corporation.2. As common questions of law arise in these appeals and writ petitions and the facts are substantially similar, we proposed to treat Writ Petition No. 3803 of 1980, M/s. Liberty Oil Mills v. Union of India & Others, as the leading case.3. On 17 January, 1977 the Government of India issued a public Notice Permitting private parties to import edible oils for direct human consumption. It was no...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC2054; 1990(3)Crimes726(SC); 1989(43)ELT189(SC); 1989(2)SCALE190; (1989)4SCC21; [1989]3SCR367; 1989(2)LC362(SC)
R.S. Pathak, C.J.1. By this writ petition under Article 32 of the Constitution the petitioners seek relief against the imposition of customs duty at 150 per cent on their import of edible oils into India.2. The petitioners entered into a contract with foreign sellers for the supply of edible oils. The consignment of edible oils was sent by the ocean going vessel M.V. Kotta Ratu. The vessel approached Bombay and made its 'prior entry' on 4 July, 1981. It actually arrived and registered in the Port of Bombay on 11 July, 1981. The petitioners say that the Port Authorities at Bombay were unable to allot a berth to the vessel, and as she was under heavy pressure from the parties whose goods she was carrying she left Bombay for Karachi for unloading other cargo intended for that port. It is alleged that the vessel set out on its return journey from Karachi and arrived in the Port of Bombay on 23 July 1981 and waited for a berth. On 4 August, 1981 she was allowed to berth in Princess Docks 'C...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC2060; 1989LabIC2024; 1989(1)SCALE1464; 1989Supp(1)SCC574; [1989]3SCR342; 1989(2)LC447(SC)
S. Natarajan, J. 1. These appeals by the State of Andhra Pradesh are directed against the judgments of the Andhra Pradesh Administrative Tribunal, Hyderabad, in R.P. Nos. 1595 and 7 58 of 1984. Originally, the Government of Andhra Pradesh, in purported exercise of its powers under Clause 5 of Article 371-D of the Constitution passed an order G.O.Ms. No. 215 dated 14.7.1986 to annul the two judgments of the Tribunal, On 20.12.1986, this Court negatived the powers of annulment assumed by the State Government by striking down Clause 5 of Article 371-D and the proviso thereto as being opposed to the basic structure of the Constitution. Thereafter, the State has preferred these appeals by special leave against the judgments of the Administrative Tribunal.2. What falls for consideration in these appeals is whether amended Rule 3 of the Andhra Pradesh Treasury and Accounts Subordinate Service Rules 1963 (hereinafter referred to as the Rules) is violative of the Andhra Pradesh Public Employmen...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC1933; [1989]66CompCas466(SC); [1989]178ITR548(SC); JT1989(2)SC427; 1989(2)KLT168(SC); 1989MhLJ672; 1989(1)SCALE1337; (1989)2SCC754; [1989]3SCR316; [1989]74STC313(S
R.S. Pathak, C.J.1. The question of law referred to us for decision in these cases is ; Whether under the Land Acquisition Act. 1894 as amended by the Land Acquisition (Amendment) Act, 1984 the claimants are entitled to solatium at 30 per cent of the market value irrespective of the dates on which the acquisition proceedings were initiated or the dates on which the award had been passed?2. It would suffice if we briefly refer to the facts in the Civil Appeals arising out of Special Leave Petitions Nos. 8194-8195 of 1985 : Union of India and Anr. v. Raghbir Singh.3. The land belonging to the respondents in village Dhaka was taken by compulsory acquisition initiated by a notification under Section 4 of the Land Acquisition Act, 1894 issued on 13 November, 1959. The award with regard, to compensation was made by the Collector on 30th March, 1963. A reference under Section 18 of the Act was disposed of by the Additional District Judge on 10 June, 1968. He enhanced the compensation. The res...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC1696; 1989(1)SCALE1573; (1989)3SCC262; [1989]3SCR305; [1989]74STC379(SC); 1989(2)LC309(SC)
R.S. Pathak, C.J.I.1. These appeals are directed against the judgment of the High Court of Andhra Pradesh dismissing several writ petitions filed by the appellants challenging assessments made under the Andhra Pradesh General Sales Tax Act 1957 on the value of packing material at the rate applicable to goods packed therein.2. The appellants in some of the appeals are manufacturers of or dealers in beer, the appellants in the other appeals are manufacturers of or dealers in cement. The beer is sold in bottles packed in cartons. The cement is sold in gunnies. Section 5 of the Andhra Pradesh General Sales Tax Act (hereinafter referred to as 'the Act') provides for the levy of sales tax on the turnover of goods at the rates specified in that provision. In the case of goods mentioned in the First Schedule to the Act tux is leviable at the rates, and at the point of sale, specified thenin. In the case of goods mentioned in the Sixth Schedule, likewise tax is leviable at the rates and at the ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC2015; [1989]179ITR91(SC); JT1989(2)SC571; 1989(1)SCALE1321; (1989)3SCC211; [1989]3SCR293; [1989]74STC447(SC); 1989(2)LC514(SC)
R.S. Pathak, C.J.1. By these writ petitions and transferred cases the petitioners challenge the validity of the levy of cess in respect of tea estates under the West Bengal Rural Employment and Production Act, 1976.2. The West Bengal Rural Employment and Production Act, 1976 (shortly referred to as the 'West Bengal Act') is intended to provide the additional resources for the promotion of employment in rural areas and for implementing rural production programmes. The additional resources are sought lo be raised from two sources, a surcharge on land revenue under Section 3 of the Act and a rural employment cess under Section 4 of the Act. We are concerned here with the levy of the rural employment cess. 3. Originally Section 4 of the West Bengal Act provided as follows:4. (1) On and from the commencement of this Act, all immovable properties on which road and public work cesses are assessed according to the provisions of the Cess Act, 1880, shall be liable to the payment of rural employ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC1577; [1989(59)FLR190]; JT1989(2)SC538; 1989LabIC1526; (1989)IILLJ586SC; 1989(1)SCALE1438; 1989Supp(1)SCC679; [1989]3SCR273; 1989(3)SLJ48(SC); 1989(2)LC463(SC)
R.S. Pathak, C.J.I.1. This is an appeal by special leave against a judgment of a Division Bench of the High Court of Delhi in a Letters Patent Appeal upholding the judgment of a Single Judge of the High Court in a writ petition filed by the first respondent for a declaration that he continues to be in the service of the Jawaharlal Nehru University.2. The Jawaharlal Nehru University Act, 1966 sets forth as the objects of the Jawaharlal Nehru University 'to disseminate and advantx-knowledge, wisdom and understanding by teaching and research and by the example and influence of corporate life, and in particular the objects set out in the first Schedule'. The powers of the University extend to establishing within the Union Territory of Delhi or outside that territory such Special centers as may be necessary for the furtherance of its objects, to create such teaching, administrative and other posts as the University may deem necessary, and to make arrangements thereto, and to appoint or reco...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC1654; (1989)77CTR(SC)201; [1989]179ITR75(SC); 1989(1)SCALE1531; 1989Supp(1)SCC635; [1989]3SCR233
R.S. Pathak, C.J. 1. These appeals by special leave are directed against the judgment and order of the High Court of Madras dismissing the writ petitions filed by the appellant against the refusal of the first respondent to rectify an assessment order and pass consequential directions.2. Shri Anantharamakrishnan, a reputed industrialist in Tamil Nadu, died intestate in Madras on 18 April, 1964. He left behind his widow, Valli, his two sons, Sivasailam and Krishnamoorthy and two daughters, Kalyani and; Seetha. Some time after his death, Siyasailam, as an accountable person rendered the estate duty account. All the heirs, other than Sri Sivasailam, who were also accountable persons wrote to the Assistant Controller of Estate Duty on 15 December, 1964 that as accountable persons they agreed to abide by the accounts rendered by Sri Sivasailam and any explanation furnished by him with regard to the Estate Duty case would be binding on them. 3. Messrs. Amalgamations Private Ltd. (shortly ref...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC1783; 69(1990)CLT9(SC); JT1989(2)SC578; 1989(1)SCALE1277
ORDER1. An advocate from Nadia in West Bengal has brought to the notice of the Court in the shape of a letter the news item published in the Calcutta edition of the Amrit Bazar Patrika containing allegation of sexual exploitation of blind girl students in a school located at Berahmpur in the District of Ganjam within Orissa State and the same has been registered as a writ petition under Article 32 of the Constitution. This Court issued notice and by order dated 6th of April, 1989, directed the Chief Judicial Magistrate of Berahmpur to proceed immediately to the Red Cross Blind School and enquire into the allegations made in the writ petition and the annexure thereto and after recording the statements of the inmates of the school, he was required to submit a report to this Court. This Court also indicated that it would not be necessary for the Chief Judicial Magistrate to give prior notice to the authorities of the school when he proposed to visit the school for the purpose of enquiry.2...
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