Court : Supreme Court of India
Reported in : AIR1990SC1006; 1990(38)BLJR577; [1990(60)FLR437]; JT1990(1)SC212; (1990)IILLJ106SC; (1990)2SCC254; [1990]1SCR402; 1990(1)LC541(SC)
ORDER1. Special Leave granted.2. Whether International Labour Day (1st May) should be paid holiday in addition to the existing holidays for the employees of the appellant Company is the sole question for determination in this appeal. The appellant is a public limited company having manufacturing units and selling outlets in the different parts of the country. In the State of Bihar the company has an establishment at Mona Road, Burma Mines, Jamshedpur manufacturing Industrial and Medical Cases and there is another establishment located at Ranchi manufacturing liquid Oxygen Explosives.3. The holidays available to the employees of the company's establishment are provided by the settlement dated 14 March 1971. The settlement provides for a total number of 13 holidays for office staff and 14 holidays for the factory staff. The relevant portion of the settlement reads:Provision of Settlement dated 14.3.1971ARTICLE: Leave and Holidays(c) The number of National/Festival Holidays to which the f...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC1731; JT1990(1)SC215; 1990(1)SCALE199; 1990Supp(1)SCC248; 1990(1)LC402(SC); 1990(1)WLN52
ORDERR.M. Sahai, J. 1. Election of appellant to the Rajasthan State Assembly from constituency Kota was invalidated by the High Court for being guilty of corrupt practice within the meaning of Sub-section (2) and (4) of Section 123 of Representation of People Act of 1951 (hereinafter referred to as the 'Act').2. Basis for it was, only, a leaflet got printed by the appellant, the English translation of which is extracted below:'Kachi Bastis shall be erased to the ground by bulldozers'. Threat by Shanti Dhariwal' Congress in its true colours. Posing as so-called benefactor of weak and downtrodden poor people, the Congress has come in its true colours. Shanti Dhariwal threatened the Kachi Basti people in Anantpura on 1.3.1985. That 'Kachi Bastiwalo you have to cast your vote to Congress in the Assembly elections also as in the Lok Sabha elections. In case Jagdish Thade looses then I shall get the Kachi Bastis buldozed. I shall see your houses shall be razed to the ground.' You recognise t...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC1054; [1990(60)FLR482]; JT1990(1)SC305; (1990)IILLJ226SC; (1990)3SCC565; 1990(1)LC344(SC); (1990)3UPLBEC1695
S.C. Agrawal, J.1. These appeals, by special leave, are directed against the judgment of the High Court of Karnataka dated July 27, 1984 in Writ Appeals Nos. 2383 and 2384 of 1982 and Writ Appeals Nos. 4660 and 4661 of 1982 arising out of Writ Petitions Nos. 866 and 12959 of 1982. Civil Appeals Nos. 4784-4785(NL) of 1984 have been filed by the workmen of Bharat Fritz Werner (P) Ltd. (hereinafter referred to as the 'Workmen') whereas Civil Appeals Nos. 4780-4783 (NL) of 1984 have been filed by the Management of Bharat Fritz Werner (P) Ltd. (hereinafter referred to as the 'Management').2. Bharat Fritz Werner (P) Ltd. (hereinafter referred to as the 'Company') has a factory at Peenya, Bangalore. On March 8, 1978, the Management issued a notice in connection with the recruitment of 'Supervisors' for machine shop, from internal candidates, whereby it was indicated that persons who have passed S.S.L.C. and have at least 7 years of experience in the machine shop would be eligible for recruitm...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC1219; JT1990(1)SC232; (1990)98PLR25; 1990(1)SCALE204; (1990)3SCC276; [1990]1SCR417; 1990(1)LC545(SC); (1990)1UPLBEC471
ORDERB.C. Ray, J.1. These appeals on special leave are directed against the judgment and order dated May 27, 1981 passed in R.F.A. Nos. 688 to 692 of 1979 and 1112 of 1979 by the High Court of Punjab and Haryana at Chandigarh. The short question raised in these appeals is whether the appellants are entitled to any compensation for nursery plants existing on the land at the time of acquisition as well as at the time of notification published under Section 4 of the Land Acquisition Act, 1894. Secondly, whether the valuation made in respect of the mother plants is low and the same needs to be increased in accordance with the report of the Horticulture Expert.2. The facts of these appeals in short, are as follows.3. A notification under Section 4 of the Land Acquisition Act, 1894 was published on March 24, 1971 for acquisition of the lands in question in village Faridabad, Hadbust No. 123, Tehsil Ballabgarh, District Gurgaon for a public purpose viz, for planned development of residential ...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1993)98PLR173
K. JAGANNATHA SHETTY, J.( 1 ) Wazir Chand, the appellant was a tent of the building belonging to the respondent. He has been ordered to be evicted on the ground that the building under his occupation was unfit for human habitation. He has now appealed to this court challenging the eviction order. He has also raised another contention that even if the eviction could be justified on the ground that the building has become unsafe or unfit for human habitation, he has a right of re-entry to the newly constructed building and a landlord is therefore, obliged to give him the space equivalent to the one he was earlier occupying in the old building.( 2 ) The question of considering the validity of the eviction order does not arise since counsel on both sides admitted before us that the building has been re-constructed and it is now being used as "dharamshala". The only question that survives for consideration is whether the tenant could claim that he has got a right of re-entry to the newly co...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1356; 1991CriLJ1391a
S. Ratnavel Pandian, J.1. This appeal is preferred by the appellants 1-7 canvassing the correctness of the judgment made in Criminal Appeal No. 815 of 1986 on the file of the High Court of Andhra Pradesh. The appellants took their trial before the Trial Court under four charges for offences under Sections 120B, 302 read with 149, 307 read with 149 and 201, I.P.C. on the allegations that all of them formed themselves into an unlawful assembly and entered into a criminal conspiracy to cause the death of Lakshmi reddy, the deceased herein, and in prosecution of the same they murdered the deceased; attempted the cause the death of PW 1 and caused disappearance of evidence of murder by throwing the dead body into the river Kundu with the intention of screening themselves from the legal punishment. The Trial Court for the reasons given in the judgment convicted the appellants under all the charges namely under Section 148, I.P.C. and sentenced each of them to undergo rigorous imprisonment fo...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC893; 1990(1)ARBLR140(SC); 1990(38)BLJR1268; (1990)97PLR693; 1990(1)SCALE236; (1990)2SCC68; [1990]1SCR353; 1990(1)LC627(SC)
ORDERK. Jagannatha Shetty, J.1. Special leave granted. Food Corporation of India filed a suit for recovery of Rs. 2 lacs against the appellant and respondents 2 to 7 on the basis of an agreement between the parties. After service of notice, the appellant entered appearance on December 10, 1984. On January 4, 1985, the appellant filed an application stating as follows:That the photostat copy of the original agreement and other documents which have been produced by the plaintiff in their evidence are not visible and clear, and it is very difficult for the defendants to inspect and give the written statement.3. That it is very essential to get the original documents produced in the court which are in possession of the plaintiff so that the defendants, may file the written statement.4. It is, therefore, respectfully prayed that the plaintiff may kindly be ordered to produce the original agreement and other documents which has been filed with the plaint.2. On January 21, 1985, the appellant...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC1579; 1990(27)ECC69; 1990(47)ELT161(SC); JT1990(1)SC256; 1990(1)SCALE176; (1990)2SCC203; [1990]1SCR369; 1990(1)LC514(SC)
ORDERB.C. Ray, J.1. This appeal under Section 130-E(b) of the Customs Act,1962 is directed against the judgment and order dated August 14, 1989 passed by the Customs, Excise & Gold (Control) Appellate Tribunal, Bombay in CD(Bom) A. No. 322 of 1989.2. The most vital question that comes up for consideration in this appeal is whether marble as mentioned in Tariff Item No. 25.15 in Appendix 1-B, Schedule I to the Import (Control) Order, 1955 mentioning 'Marble, travertine, ecaussine and other calcareous monumental or building stone of an apparent specific gravity of 2.5 or more and Alabaster, whether or not roughly trimmed or merely cut, by sawing or otherwise, into blocks or slabs of a rectangular (including square) shape' is genus within which all other kinds of calcareous stones are included or whether marble is a distinct or different item which is one of the restricted item in the List of Restricted Items described in Appendix 2, Part B of Import and Export Policy for April 1988-March...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC907; JT1990(1)SC222; 1990(1)SCALE191; 1990Supp(1)SCC182; [1990]1SCR358; 1990(1)LC534(SC)
ORDERA.M. Ahmadi, J.1. This appeal by special leave is filed against the judgment and order of the High Court of Madras whereby it remitted the matter to the Authorised Officer for disposal in accordance with law and in the light of the observations made therein. The facts giving rise to this appeal are as under:2. The appellant-land owner held lands in Kanyakumari District in excess of 30 standard acres as on 6th April, 1960. He filed a return in Form No. 2 as required by the Tamil Nadu Land Reforms (Fixation of Ceiling on Land) Act, 1961 (Act 58 of 1961), hereinafter called 'the Act'. An enquiry was initiated by the Authorised Officer, Land Reforms, under Section 9(2)(b) of the Act. The appellant raised several objections but they were overruled. The Authorised Officer came to the conclusion that the family of the appellant could be reckoned to be of five members between 6th April, 1960 and 2nd October, 1962 and accordingly the land owner was entitled to 30 standard acres while his w...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC974; 1990(27)ECC5; 1990LC161(SC); 1990(47)ELT202(SC); (1990)2SCC146; [1990]1SCR320
ORDERM.H. Kania, J.1. This is an appeal preferred by the appellant (asses-see) from a judgment of the Central Excise and Gold (Control) Appellate Tribunal, New Delhi (hereinafter referred to as 'the said Tribunal').2. As the controversy before us is an extremely limited one, we propose to set out only the facts necessary for appreciating that controversy.3. The appellant is a public limited company engaged inter alia in the manufacture of paper and paper boards which were assessable under Tariff Item No. 17 of the First Schedule to the Central Excises and Salt Act, 1944 (hereinafter referred to as 'the Central Excises Act'). The period with which we are concerned in this appeal is the period September 9, 1979 to July 26, 1983. The appellant filed several price lists in Part I and Part II in respect of the clearances of paper and paper boards made by the appellant. Section 4 of the Central Excises Act prescribes the mode of valuation of excisable goods for the purposes of charging of th...
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