Court : Supreme Court of India
Reported in : JT1990(3)SC704; 1990(2)SCALE399; (1990)4SCC309; [1990]3SCR957; 1991(1)UJ15(SC)
CIVIL APPELLATE JURISDICTION: Civil Appeals Nos. 1002 & 1003 of 1976.From the Judgment and Order dated 3.10.1972 and 18.9. 1975 of the Allahabad High Court in Civil Misc. Writ No. 2726 of 1970 and Civil Misc Writ Petition No. 9943 of 1975. Satish Chander, S.N. Singh, T.N. Singh and H.L. Srivas- tava for the Appellants.J.P. Goyal, M.R. Bidsar and S.K. Jain for the Respondents. The Judgment of the Court was delivered byFATHIMA BEEVI, J. These appeals by special leave are directed against the judgments of the High Court of Allaha- bad. The land in plots Nos. 6385 and 6386 measuring 5 bighas and 4 biswas had been in the possession of Ram Dayal as mortgagee under Baijnath who was the original tenant. Re- spondents 1 to 3 are the descendants of Ram 960Dayal. They made an application under section 9 of the U.P. Consolidation of Holdings Act, 1954 before the Consolidation Officer. They claimed tenancy fights on the basis of the deed dated 30.7.1945 and they stated that their names had been rec...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1990(4)SC160; 1990(2)SCALE404; 1991Supp(2)SCC36; [1990]3SCR971; 1990(2)LC629(SC)
1. Appellant is a Society registered under the Societies-Registration Act, 21 of 1860. Five persons of whom some are respondents before us instituted a suit in the Court of Civil Judge, Varanasi challenging the election of the Managing Committee and other elected officers of the appellant and asked for rendition of accounts. This suit of 1981 is still pending. We are now concerned with the correctness of the finding on the preliminary issue as to whether such a suit is. maintainable in the Civil Court. The defendants' objection to the maintainability is grounded upon the provisions contained in Sections 23 and 25 of the Registration Act. The Courts below have taken the view that the suit is not barred. That is why the defendants are here by special leave.2. A litigant having a grievance of a civil nature has, independently of any statute, a right to institute a suit in the civil court unless its cognizance is either expressly or impliedly barred. The position is well-settled that exclu...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC2047; (1991)1CALLT26(SC); (1990)3CompLJ289(SC); JT1990(3)SC624; 1990LabIC1677; (1994)IIILLJ378SC; 1990(2)SCALE322; (1990)4SCC472; [1990]3SCR933; 1991(2)SLJ167(SC);
ORDERS.C. Agrawal, J.1. This appeal, by certificate granted under Article 133(1)(a) of the Constitution, is directed against judgment and order of the High Court of Judicature at Calcutta dated December 20, 1974, in Appeal No. 104 of 1972.2. Karnani Properties Ltd., appellant herein, is a company incorporated under the Companies Act, 1913. It owns several mansion houses known as Karnani Mansions at Park Street, Calcutta. There are about 300 flats in these mansions which have been let out to tenants. The appellant provides various facilities to its tenants in these flats, e.g. free supply of electricity, washing and cleaning of floors and lavatories, lift service, electric repairs and replacing, sanitary repairs and replacing, etc., and for that purpose the appellant employs over 50 persons, namely, sweepers, plumbers, malis, lift-man, durwans, pumpmen, electric and other mistrics, bill collectors and bearers, etc., in connection with these properties. A dispute arose between the employ...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1990SCR(3)957; (1990)4SCC309; JT1990(3)SC704; 1990(2)SCALE399; 1980(1)RLR494
FATHIMA BEEVI, J.These appeals by special leave are directed against the judgments of the High Court of Allahabad. The land in plots Nos. 6385 and 6386 measuring 5 bighas and 4 biswas had been in the possession of Ram Dayal as mortgagee under Baijnath who was the original tenant. Re spondents 1 to 3 are the descendants of Ram Dayal. They made an application under section 9 of the U.P. Consolidation of Holdings Act, 1954 before the Consolidation Officer. They claimed tenancy fights on the basis of the deed dated 30.7.1945 and they stated that their names had been recorded in the Khatauni of 1359 Fasli; they are in cultivatory possession and have become adhivasis and subse quently sirdars. They alleged that the names of the appellants herein have been wrongly entered in the Khatauni of 1353 Fasli and that the appellants have no right or possession over the land. The respondents prayed for entering their names as sirdars and scoring off the names of the appellants.This application was all...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC724; JT1990(3)SC572; (1991)1MLJ15(SC); 1990(2)SCALE291; (1990)4SCC356; [1990]3SCR850; 1990(2)UJ584(SC)
CIVIL APPELLATE JURISDICTION: Civil Appeal Nos. 2 192/93 of 1972.From the Judgment and Decree dated 23.4.1971 of the Madras High Court in Writ Appeal Nos. 155 and 157 of 1970. G.L. Sanghi, K. Parasaran, S. Krishnamurthy Iyer, K.K. Venugopal, D.N. Mishra and Ms. Lira Goswami for the Appel- lants.V.C. Mahajan, Gobind Das, N.L. Kakar, C.V. Subba Rao, B.R. Aggarwala, T.C. Sharma, Mrs. Sushma Suri and Ms. Sushma Manchanda for the Respondents.The Judgment of the Court was delivered byVERMA, J. Both these appeals are against the common judgment of the Madras High Court (hereinafter referred to as 'the High Court') by a certificate under Article 133(1) of the Constitution prior to its amendment. The appellants' writ petitions were dismissed by a common judgment dated 18.12.1969 by a learned Single Judge of the High Court and thereafter, the writ appeals were dismissed by a Division Bench of the High Court on 23.4.1971. The grievance of the appellants before us is, as it was in the High Court, ...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1990]3SCR874; 1990(2)LC616(SC); (1990)3UPLBEC1794
ORDER1. These three petitions can be disposed of by a common order. Since we have heard counsel at some length we grant special leave in these petitions and proceed to dispose of the appeals.2. In the Moti Lai Nehru Medical College (M.L.N. College) at Allahabad there are 8 seats for a post-graduate course in Obstetrics and Gyanecology. Of these, 6 seats are reserved for institutional candidates and two are reserved for external candidates. The principal of the college has filled up all the 8 seats by admitting institutional candidates and without considering the cases of any external candidate. Among the institutional candidates Dr. Juhi Jain and Dr. Padma Panjwani, who had obtained the highest percentage of marks, have been admitted and Dr. Vandana Singh, who had applied for admission as an external candidate, was not considered. Dr. Vandana Singh, therefore, approached the Allahabad High Court, which upheld her contention and held that the two seats in question should have been fille...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC2128; JT1990(3)SC579; 1990(2)SCALE286; (1990)4SCC516; [1990]3SCR862
ORDER1. These two appeals, on certificate under Article 136 of the Constitution, are by two sugar factories situated in Northern part of Mysore now Karnataka State. The appellants filed writ petitions under Article 226 of the Constitution in the High Court of Mysore at Bangalore assailing the constitutional validity of Section 3(3C) of the Essential Commodities Act, 1955 (In short 'the Act') and the Notification dated March 24, 1966. It was prayed inter alia that a writ or order in the nature of Mandamus be issued directing the respondents to include the petitioners' factory in Zone No. 2 and to fix the price at Rs. 161 per quintal for the sugar manufactured by the petitioners' factory.2. The Writ Petitions were dismissed by the High Court and the appellants in these circumstances have approached this Court challenging the Judgment of the High Court. The material contentions raised by the appellants in the affidavit and adumbrated in the grounds of appeal in this Court are that the app...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC14; JT1990(3)SC609; 1990(2)SCALE297; (1991)1SCC761; [1990]3SCR825
ORDER1. The respondent is a statutory body corporate initially constituted under the Bombay Port Trust Act, 1879 (Bombay Act 6 of 1879), for short 'State Act'. Under Section 26 thereof, the Board has power to acquire and hold movable and immovable property and also has power to lease, to sell or otherwise convey movable and immovable property which may have become vested in or acquired by them. The respondent has appointed AJ. Mescarnas, Assistant Estate Manager as their power of attorney holder to lease Out its properties from time to time or terminate the leases and to lay action for ejectment, etc. The respondent owns the Building bearing Old R.R. No. 941 known as 'Frere Land Estate' in which room No. 2 admeasuring 28.27 sq. meters was leased out to Vasantkumar Radhakisan Vora, for short 'Vasantkumar'. The appellants are his legal representatives. He was served with a notice under Section 106 read with Section 111(h) of the Transfer of Property Act terminating the tenancy in terms o...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC2023; (1990)92BOMLR522; JT1990(3)SC552; (1991)ILLJ574SC; 1990(2)SCALE338; (1990)4SCC55; [1990]3SCR883; 1990(2)LC594(SC)
ORDER1. The two questions raised in this appeal are:(i) Whether the employment notice issued by the respondent University on July 27, 1984 ought to have indicated reservations postwise, and(ii) Whether, assuming that the said notice was invalid the termination of services of the appellants on April 21, 1987 was valid?2. The University issued the employment notice in question inviting applications for a total of 77 posts which included 13 posts of Professors, 29 posts of Readers and 35 posts of Lecturers in different subjects ranging from Economics, Politics and Sociology to Physics, Pharmacy and Geology. The notice mentioned total number of reservations categoriwise but not subjectwise as follows:Professors - Scheduled Castes-3, Scheduled Tribes-2 and VJ/NT-1 Readers - Scheduled Castes-6, Scheduled Tribes-4 and VJ/NT-2 Lecturers - Scheduled Castes-7, Scheduled Tribes-5 and VJ/NT-4A number of applications were received for the posts from candidates including the petitioners belonging to...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1990(3)SC670; 1990(2)SCALE350; (1990)4SCC533; [1990]3SCR895; (1990)2UPLBEC1091
S. Ranganathan, J.:1. We have come to the conclusion that the High Court's decision under appeal has to be upheld. But, as the question raised is one of importance and difficulty, we have heard the counsel at length. We grant leave in all the petitions and proceed to give the reasons for our conclusion in detail.2. Both sets of appeals are the off-shoots of a 'Residency Scheme' for junior doctors introduced in the State of U.P. and they can be conveniently disposed of by a common order.3. In the State of U.P., post-graduate courses in medicine were of two types: degree and diploma. The duration of the degree course was two years and that of the diploma course, one year. The minimum requirement for admission to a post-graduate course (whether degree or diploma) was t7hat the candidate should have passed the M.B.B.S. degree examination, then done one year's internship and then done a house job for one year.4. The 'Residency Scheme' was notified on 22/8/89. This was the culmination of a l...
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