Court : Supreme Court of India
Reported in : [1991]72CompCas38(SC); JT1991(1)SC576; 1991(1)SCALE299; (1991)2SCC423; [1991]1SCR675; 1991(1)LC560(SC)
K.N. Saikia, J.1. Pursuant to the Notification issued in June 1986 the elections of Directors to the District Central Cooperative Bank, Chandrapur, hereinafter referred to as 'the Bank' the appellant filed his nomination papers in July 1986, and he was elected on 18.8.1986 as one of the Directors of the Bank from the Brehmapuri Agricultural Sales and Purchase Society. His election was not called in question according to the procedure prescribed by the Maharashtra Cooperative Societies Act, 1960, hereinafter referred to as 'the Act'.2. On 8.1.1987, the District Deputy Registrar of the Cooperative Societies, Chandrapur, hereinafter referred to as 'the Deputy Registrar', issued a notice to the appellant under Section 78(1) of the Act to show cause within 15 days as to why he should not be removed from the Board of Directors of the Bank as per the provisions of Section 73FF, and directed him to remain present on 2.2.1987 at 11 A.M. in the Deputy Director's office. The notice stated that th...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1991(62)FLR703]; JT1991(1)SC569; (1991)ILLJ585SC; 1991(1)SCALE359; (1991)2SCC253; [1991]1SCR729; 1991(3)SLJ119(SC)
Fathima Beevi, J. 1. Special leave granted.2. These Civil Appeals arise from the common judgment dated 8.8.1990 of the High Court of Punjab and Haryana dismissing Letters Patent Appeals against the judgment dated 12.2.1986 of the single Judge allowing writ petitions filed under Articles 226 and 227 of the Constitution of India. Civil Appeals arising out of S.L.P.(C) Nos. 14471-73 of 1990 are filed by the State of Punjab and Civil Appeals arising out of S.L.P.(C) Nos. 14236-38 of 1990 are filed by Ram Saran and O.P. Singhla, the respondents in the writ petitions. We shall hereinafter refer the contesting respondents Ram Saran and O.P. Singhla as 'the appellants' and writ petitioners as 'the petitioners' for the sake of convenience.3. In the Punjab Excise & Taxation Department, there were two separate and distinct cadres known as Assistant Excise and Taxation Officers governed under the Punjab Excise and Taxation Department (State Service Class III-A) Rules, 1956 (hereinafter referred to...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1991(2)SC75; 1991(1)SCALE313; (1991)2SCC236; [1991]1SCR699
K.N. Saikia, J. 1. This appeal is from the Judgment of the Allahabad High Court dated 27.10.1980 in Second Appeal No. 567 of 1973 allowing the appeal and decreeing the suit of the first respondent for specific performance of contract dated 5.4.1966, wherein it was stipulated that the defendant No. 1 (second respondent) had executed a fictitious sale deed dated 2.9.1966 for Rs. 1,000 in favour of defendant No. 2 Kalawati, in respect of half of the suit chak and another sale deed dated 21.12.1966 for Rs. 2,000 in favour of defendant No. 3 Mithlesh Kumari. Accordingly the plaintiff (first respondent) prayed for directing the defendants 2 & 3 (appellants herein) to execute the required sale deed in case it was not possible for the court to get it executed by defendant No. 1.2. The first respondent Fetch Bahadur sued the second respondent Jang Bahadur and the appellants in O.S. No. 278 of 1970, for specific performance of his contract whereunder the second respondent Jang Bahadur had agreed...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1991(1)SC676; 1991(1)SCALE259; (1991)2SCC412; [1991]1SCR659; 1991(1)LC589(SC)
Ranganath Misra, C.J. 1. The Olympic games are ancient in origin. According to the Encyclopaedia Britannica they commenced some 3,500 years ago and the name came from its association with the place known as Olympia in Greece. These games were played once in every four years and were abolished in 393 AD by the Roman Emperor Theodosius-I. In recent times, they were revived in 1896 and have until now been held at the turn of every four years excepting during the first and the second world wars. The Olympic games are one of the biggest international events and provide great opportunities to amateur sportsmen in the different classifications.2. Indian participation in the Olympic games dates back to 1900 when a single representative had joined the Olympics at Paris. Gradually, such participation became more systematic and broad-based. While the Ministry of Youth Affairs and Sports of the Union Government looks after development of sports within the country, the management of the Olympic par...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1991(1)SC596; 1991(1)SCALE334; (1991)2SCC432; [1991]1SCR685a; 1991(2)LC78(SC)
S. Ratnavel Pandian, J.1. The appellants in criminal appeal No. 251 of 1990 were accused Nos. 3 and 4 before the trial court, namely, the VIIth Additional Sessions Judge, Meerut, whereas the appellants in criminal appeal No. 307 of 1990 were accused Nos. 1 and 2 before the said court. These four appellants along with one Braham Singh (since acquitted) took their trial for offences under Sections 302 read with Section 149 IPC and 323 read with Section 149 IPC. Besides, these four appellants were also charged for offence under Section 147 IPC whilst Braham Singh under Section 148 IPC. The trial court, on appreciation of the evidence adduced by the prosecution, found the 5th accused, Braham Singh, not guilty of any of the charges and acquitted him. However, these four appellants were found guilty of offences under Section 302 read with Section 34 IPC and under Section 323 read with Section 34 IPC and sentenced to undergo imprisonment for life and to six months' rigorous imprisonment respe...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1346; 1991CriLJ1521; 1991(1)Crimes818(SC); 1991(33)ECC18; 1992(61)ELT521(SC); (1991)2GLR974; JT1991(3)SC17; 1991(1)SCALE401; 1991Supp(1)SCC271; [1991]1SCR712; 1991
ORDERS. Ratnavel Pandian, J.1. These criminal appeals by special leave granted under Article 136 of the Constitution of India are preferred by the appellant questioning the correctness of the judgment of the Gujarat High Court in Criminal Revision Application Nos. 98 and 97 of 1978 whereby the High Court set aside the judgment and orders dated 2.1.1978 of the Sessions Judge, Kutch at Bhuj made in Criminal Revision Application Nos. 46 and 45 of 1976 confirming the orders dated 19.6.76 passed by the Judicial Magistrate, First Class, Kutch in Application Exh. Nos. 94 and 98 in Criminal Case Nos. 929 and 930 of 1973 respectively. The factual matrix that have relevance to the questions, raised and canvassed at the hearing may be briefly stated.2. A raid conducted by the officers of the Customs Department in the business-cum-residential premises of the appellant on 17.9.1971 resulted in the seizure of some gold Lagadis bearing foreign marks, primary gold, gold ornaments and silver bricks, co...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1991(39)BLJR705; JT1991(2)SC557; 1991(1)SCALE341; (1991)2SCC418; [1991]1SCR667; 1991(2)LC54(SC)
Madan Mohan Punchhi, J.1. This appeal by special leave is directed against the order of the High Court of Judicature at Patna dated 29-1-1982 passed in Civil Writ Number 4087 of 1981 dismissing the Writ Petition of the appellant in limine.2. The appellant, Bihar State road Transport Corporation, is a State Transport Undertaking. Under the provisions of the Motor Vehicles Act, 1939 (hereafter referred to as the 'Act'), the State Transport Authority invited applications for the grant of stage carriage permits for the route named Bhukunda-Chaibasa via Patratu-Pithoria-Kanke-Ranchi-Chakradharpur part of which, that is, Ranchi-Chaibasa is covered under a notified scheme dated 1-4-1960, duly in force, under the provisions of the Act. On applications received in response to the invitiation, the Corporation filed its objections before the State Transport Authority claiming that no private operator could be permitted to operate on the said route, as part of it, being Ranchi-Chaibasa, was by its...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1632; 1991CriLJ2000; 1991(1)Crimes830(SC); JT1991(1)SC658; 1991(1)SCALE262; (1991)2SCC449; [1991]1SCR743
K.N. Saikia, J. 1. Special leave granted.2. The appellant Captain Subash Kumar was the Master of the Merchant ship M.V. Eamaco owned by Eamaco Shipping Co. (P) Ltd. Singapore, hereinafter called 'the ship'. On 12.8.86 the ship went into distress due to the vessel's hold Nos. 2 & 3 taking in water, the pumping operations being insufficient and though initially the appellant sent radio message for help he failed to launch the life boats and life crafts and to abandon the ship to enable M.V. Shoun World to pick them up and due to the failure of motor life boats and life crafts, when the ship sank, only 11 out of 28 persons were rescued resulting in loss-of life to the remaining persons. At about 18.25 Hrs. that day Madras Radio, which was the communication center between the land and seafaring ships, informed the office of the Principal Officer, Mercantile Marine Department, Madras, District Madras, hereinafter called as 'Principal Officer', that an urgent message had been received by the...
Tag this Judgment!Court : Supreme Court of India
The Text below is only a summarized version of the order pronouncedAppeal was filed against the order of the HC by which it was directed that stone crushing industries should not be located with in half a kilometer from the protected area and if located then it should be shifted. Appellant contended that their factories were not lying in the protected area, thus, they should not be asked to move further away. It was observed that 5. 85 acres of land was set apart for the location of stone crushing industries. Petitioners 8 and 10 who were the interveners before the HC were ready to shift to the said area subject to the availability of electricity. Direction was issued to Government and State Electricity Board to provide the facility of electricity. ...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1991(2)SCALE1109; 1992Supp(1)SCC399; (1991)2UPLBEC1149
ORDERRanaganath Mishra, CJI. M.H. Kania and Kuldip Singh, JJ.1. These petitions are under Article 32 of the Constitution of India on behalf of a set of engineers classified as Assistant Engineers and Junior Engineers working under the Ghaziabad Development Authority (GDA for short) on basis of daily wages. It-is stated that the Assistant Engineers are paid at the rate of Rs. 60/- per day while the Junior Engineers are being paid Rs. 40/- per day and the conditions of employment are such that on holidays they are not paid and if they are absent on any day they lose the wages. It is pointed out that some of the petitioners have been in employment on such terms for three to four years and all their attempts to have regularisation of their services have borne no fruit.2. Mr. O.P. Rana counsel appearing for GDA took some time to take instructions when the matter was last head and concrete suggestions have been made available by both the sides today. After hearing counsel for the parties we ...
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