Court : Supreme Court of India
Reported in : 71(1991)CLT710(SC); 1991(2)Crimes261(SC); JT1991(2)SC568; 1991(1)SCALE719; (1991)3SCC352; [1991]2SCR191a
A.H. Ahmadi, J.1. The appellant was tried for the murder of Bhikari Praonan. The Trial Court acquitted him giving him the benefit of the right of private defence to person and property. The High Court in appeal reversed the Trial Court holding that he had no such right. The High Court, therefore, convicted him under Section 302 and directed him to suffer rigorous imprisonment for life. It is against the said order of conviction and sentence that the present appeal is preferred.2. The Trial Court on an appreciation of PWs 1, 5 to 7 concluded as under:Thus the truth seems to be that when Bhikari Pradhan and PWs 1 and 5 to 7 criminally trespassed into the disputed land and Bhikari Pradhan took the dominant role in taking his two pairs of bullocks and 2 hired labourers, PWs 5 and 7 and ploughing the disputed land, the accused party went there to plough the same and when the accused objected Bhikari Pradhan raised an axe at the accused who whirled the stick which struck on the head of Bhika...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1503; 1991Supp(2)SCC665
1. Special leave granted.2. Heard counsel for both sides. We have perused the relevant orders and documents germane to the disposal of these appeals.3. The facts reveal that a Suit No. O.S. 22/61 was filed in the Court of the Subordinate Judge, Kozhikode, for partition and separate possession of about 32,000 acres of Private Forest Lands belonging to the Nilampur Kovilakam comprising 112 members. In that suit a preliminary decree for partition was passed and Joint Receivers were appointed by the Court for the management of the property till partition by metes and bounds was effected. However, before a final decree could be passed in the said suit the Kerala Private Forests (Vesting and Assignment) Act, 1971 came into force with effect from 10th May, 1971. Under Section 3(1) thereof, the ownership and possession of all private forests in the State of Kerala stood transferred to and vested in the Government free of all encumbrances with effect on and from the appointed day i.e. 10th May,...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1115; 1991LabIC1254; 1991Supp(2)SCC143
1. Special leave granted.We have heard counsel on both sides. From the facts placed on record, it appears that between 14th March, 1974 and 20th March, 1976 the respondent who was an employee of the appellant, certified certain bills which enabled the contractor to claim an excess amount of Rs. 19,180/- from the appellant. The respondent was, therefore, placed under suspension on 14th March, 1975, on the ground that disciplinary proceedings were contemplated against him. Before the disciplinary proceedings could be initiated, it appears that First Information Report was lodged on 23rd June, 1975 and as a result thereof the appellant stayed its hands so far as the disciplinary proceedings were concerned. The special Judge who tried the respondent convicted him by his judgment and order dated 25th January, 1978. Thereupon the respondent was dismissed from service by an order dated 15th May, 1978. It appears that the respondent preferred an appeal against the order of conviction and sente...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1191; (1991)2CALLT18(SC); [1991]72CompCas281(SC); JT1991(2)SC95; 1991(1)SCALE587; (1991)2SCC669; [1991]2SCR67; 1991(1)LC608(SC)
ORDERA.M. Ahmadi, J.1. The principal question which this Court is called upon to answer in this appeal by special leave is whether the arbitration clause contained in Article XII (Paragraph 12.1) of the Technical Collaboration Agreement entered into at Dubai, United Arab Emirates, on September 25, 1984, between the appellant Burn Standard Company Ltd., a Government of India Undertaking, and the respondent Medermott International Inc., a foreign company, is rendered void by virtue of the agreement itself being ab-initio void for want of general or special permission of the Reserve Bank of India (RBI) under Section 28 of The Foreign Exchange Regulation Act, 1973 (FERA). The relevant part of the said provision reads as under:28(1)--Without prejudice to the provisions of Section 47 and notwithstanding anything contained in any other provision of this Act or the Companies Act, 1956, a person resident outside India (whether a citizen of India or not) or a person who is not a citizen of India...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1108; 1991CriLJ1703; JT1991(2)SC108; 1991(1)SCALE572; 1991Supp(1)SCC257; [1991]2SCR51; 1991(2)LC385(SC)
S. Ratnavel Pandian, J.1. The above appeals by special leave under Article 136 of the Constitution of India arc directed against the correctness and legality of the judgment dated 4th May, 1979 of the High Court of Delhi in Criminal Appeal No. 323/76. 2. These two appellants were accused Nos. 2 and 1 respectively before the 8th Additional Sessions Judge and they took their trial in Sessions Case No. 38/75 on the charge that on 28.5.1975 at about 3.30 a.m. in Pitam Pura within the jurisdiction of Punjabi Bagh Police Station both appellants in furtherance of their common intention committed murder of Hanumant Singh, the deceased herein and thereby committed an offence punishable under Section 302 read with 34 IPC. The facts of the case briefly stated are as follows. 3. The deceased Hanumant Singh was the son of Harkishan Singh (PW-6). At the time of the marriage of the deceased with Smt. Santosh (PW-4), PW-6 presented about 30 tolas of gold ornaments worth about Rs. 10,000/- to PW-4. PW-...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1394; 1991CriLJ1816; JT1991(2)SC86; 1991(1)SCALE564; (1991)2SCC623; [1991]2SCR88
ORDERS. Ratnavel Pandian, J.1. These two criminal appeals are preferred by the appellants, namely-Narendra Pratap Narain Singh and Puran Singh who were arrayed as accused Nos. 1 and 2 before the Trial Court, against the judgments dated 8.5.1979 rendered in Criminal Appeal Nos. 158 and 157 of 1977 on the file of Allahabad High Court, Lucknow arising out of Sessions Trial Nos. A-210 and 228 of 1974 whereby the High Court by a common judgment and order set aside the convictions and sentence under Sections 467 and 471 I.P.C. but, however, upheld their conviction under Section 409 I.P.C. and reduced the substantive sentence of imprisonment to the period already undergone and the sentence of fine from Rs. 500 to Rs. 250 and in default to undergo rigorous imprisonment for six months in each of the cases.2. The material facts as unfolded from the records can be stated thus:There was a Block Development Office in the district of Sultanpur known as Dhanpatganj Block to which a seed store known a...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1991(62)FLR643]; JT1991(2)SC49; (1991)ILLJ607SC; 1991(1)SCALE536; (1991)2SCC618; [1991]1SCR984; 1991(1)LC637(SC)
T. Kochu Thommen, J.1. This petition has been filed by the D.T.C. Workers' Union and some its members. The main relief sought by them, as contained in prayer (a), reads:Issue a Writ of Mandamus or Direction to the respondent the Delhi Transport Corporation to implement w.e.f. 1.1.86 the recommendations of the Fourth Pay Commission as approved by the Government of India to the Central Government employees as per the undertakings given to its employees vide Office Order No. PLD-IX(465)/83/10589 dated 15.9.1983 and DGM(IR)/84/93 dated 7.2.1984.2. The petitioners as well as the respondent, the Delhi Transport Corporation, rely heavily upon the Office Order No. DGM(IR)/84/90 dated 7.2.1984 issued by the Deputy General Manager of the respondent-Corporation, although they differ in their construction of what it contains. We shall, therefore, read the whole Order; .Before Interim Relief was announced by the Central Government for its employees to be paid w.e.f, 1.6.83, the Wage Group constitut...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1991(1)SCALE539a; (1991)2SCC622
ORDER1. These Transfer Petitions are for the transfer of Civil Writ Petition No. 1001 of 1988 pending in the High Court of Delhi and Reference I.D. No. 17/1988 pending before the Presiding Officer, Industrial Tribunal No. III, Delhi. In the light of our judgment in Writ Petition No. 320 of 1987, we have no doubt that these cases will be disposed of expeditiously in terms of what we have stated. Accordingly the Transfer Petitions are dismissed....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1286; 71(1991)CLT645(SC); JT1991(2)SC82; (1991)IILLJ62SC; 1991(I)OLR(SC)450; 1991(1)SCALE578; (1991)2SCC599; [1991]1SCR990; 1991(2)LC406(SC)
ORDERKuldip Singh, J.1. Special leave granted.2. Rabinarayan Mohapatra the appellant was appointed as Hindi Teacher in Bani-gochha, M.E. School (Orissa) for a period of 89 days or till a candidate selected by the State Selection Board was made available. He joined the school on July 12, 1982. The appointment was made by the District Inspector (Schools) on the recommendation of the managing committee of the school. He continued to serve the school with repeated spells of 89 day-appointments and one day break in between the spells, till May 25, 1986. He was not paid the salary for the period of summer vacations during all these years. Although the appellant continues to serve the school to-date under orders of the managing committee yet his appointment after 1986 has not been approved by the educational authorities. The managing committee even passed a resolution on July 6, 1987, requesting the educational authorities of the State of Orissa to approve the continuous appointment of the ap...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1117; JT1991(2)SC184; (1991)2SCC604; [1991]1SCR974; 1991(1)LC628(SC)
ORDERM. Fathima Beevi, J.1. The Karnataka Slum Areas (Improvement and Clearance) Act, 1973, which received the assent of the President on 1st October, 1974, is an Act to provide for improvement and clearance of slums in the State of Karnataka. Section 3 of the Act empowers the Government to declare certain areas as slum areas. If the Government is satisfied that any area which is likely to be a source of danger to health, safety or convenience of the public of that area or of its neighbourhood by reason of the area being low-lying, insanitary, squalid, over-crowded or otherwise, the Government may by notification declare the areas as 'slum area'. Under Section 11, when the Government is satisfied on a report from the competent authority that the most satisfactory method of dealing with the conditions in the area is the clearance of such area and demolition of the buildings in the area, it may, by notification, declare the area to be the 'slum clearance area'.2. The Notification No. HMA...
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