Court : Supreme Court of India
Reported in : AIR1992SC567; (1991)98CTR(SC)161; [1991]191ITR662(SC); JT1991(3)SC452; 1991(2)SCALE362; (1991)4SCC166; [1991]3SCR627
ORDERKuldip Singh, J.1. The appellant company carries on the business of exporting manganese ore to England and United States of America The Income Tax Officer, Nagpur issued a notice dated March 20, 1970 under Section 148 of the Income Tax Act, 1961 (hereinafter called the 'Act') stating that he had reasons to believe that the income of the appellant chargeable to tax for the assessment year 1953-54 had escaped assessment within the meaning of Section 147 of the Act. The company was called upon to show cause why it should not be reassessed to income for the said year. The appellant company challenged the notice by way of writ petition under Article 226/227 of the Constitution of India before the Nagpur bench of the Bombay High Court. The High Court by its judgment dated August 5, 1975 dismissed the writ petition with costs. This appeal via special leave petition is against the said judgment of the High Court.2. The relevant facts are hereinafter. The appellant is a non resident compan...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1992Supp(3)SCC95
Ranganath Misra, C.J.,; Kuldip Singh and; K. Ramaswamy, JJ.1. Special leave granted.2. These two appeals are by a brother and his sister who were students of the MBBS course in the Trivandrum Medical College. The sister had a bachelor's degree in science. On the allegation that admission into the medical course had been obtained on the basis of forged mark-sheets, they are being prosecuted criminally. They were also subjected to disciplinary proceedings by the university authorities. We have looked into the criminal charge and the charges in the disciplinary action. More or less they are on common grounds. While the criminal charge is still pending, the disciplinary proceedings have terminated as a result of which the admission of the two students in the medical course has been held to be invalid and the results of their examinations have been cancelled. There is also a direction that educational qualifications which had been acquired are to be withdrawn. The directions in the discipli...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1933; JT1991(3)SC456; 1991LabIC1934; (1993)IIILLJ47SC; 1991(2)SCALE378; (1991)4SCC243; [1991]3SCR633; 1992(1)LC68(SC)
ORDERKuldip Singh, J.1. The Sikkim State Civil Service (hereinafter called the 'Service') was constituted with effect from July 1, 1977 by the rules, framed under Article 309 of the Constitution of India, called the Sikkim State Civil Service Rules, 1977 (hereinafter called the 'Rules'). The question for our consideration in these appeals is whether the special recruitment made by the State Government in the year 1981/82 and the consequent appointment of 29 officers to the service is violative of the rules and as such is liable to be quashed.2. The Sikkim Government by a notification dated September 16, 1981 decided to make special recruitment to the service on the basis of written examination-cum-viva voce test. The notification mentioned 'exigencies of service' as a ground for holding the special recruitment. As a result of the selection, 29 officers were appointed to the service by an order dated December 13, 1982.3. Dorjee Tshering Bhutia who was working as Under Secretary to the G...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1972; JT1991(6)SC160; 1991(2)SCALE368; 1993Supp(1)SCC32; 1993Supp(1)SCC32a; [1991]3SCR644; 1991(2)LC524(SC)
K. Ramaswamy, J.1. This appeal by special leave under Article 136 of the Constitution of India arises against the decree and judgment dated February 2, 1978 in First Appeal No. 10 of 1966 of the M.P. High Courts at Gwalior Bench. Krishna Rao @ Lala Saheb, for short 'respondent' laid the Civil Suit No. 9-A of 1962 before the Addl. District Judge, Gwalior for partition of the plaint schedules 1 to 3 properties in equal moiety and allotment of one such share to him. Pending this appeal be died and his legal representatives are on record. The Trial Court by its judgment and decree dated January 31, 1966 granted preliminary decree for partition of half share in Schedules 1 and 2 and half share in the movable property, namely compensation amount, jewellery and utensils as found in the inventory prepared by the Nazir except the stridhana property of 3rd defendant i.e. mother of appellants Nos. 1 and 2. The High Court while confirming the decree of the Trial Court directed the respondent to br...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC1823; 1992LabIC1803; (1992)IILLJ619SC; 1992Supp(1)SCC420; [1991]3SCR618; 1992(1)LC83(SC)
ORDERK. Jagannatha Shetty, J.1. In these appeals by special leave, the legality of the judgment of the Madras High Court dated 7 July 1987 quashing the promotions made to the cadre of professors in law colleges in the State of Tamil Nadu has been called into question. 2. The appeals arise in the following circumstances: During the period from 1971 to 1982 the Government appointed temporary junior professors in different law colleges in the State. The appointments were made under Rule 10(a)(i)(l) of the Tamil Nadu State and Subordinate Services Rules, 1955 (Viz. The Preliminary and The General Rules) (hereinafter called 'the Rules'). In 1979 the State Public Service Commission invited applications for regular appointment of junior professOrs. The temporary junior professors and others applied for the posts. The Public Service Commission selected 25 candidates out of whom 21 were already working as temporary junior professOrs. The selected candidates were arranged in the list called 'app...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1992Supp(2)SCC434
A.M. Ahmadi and; S.C. Agrawal, JJ.1. Special leave granted.2. By the Presidential Order dated May 5, 1987, both pension and DCRG have been withheld. Counsel for the petitioner submitted that so far as gratuity is concerned, the matter stands covered by this Court's decision in D.V. Kapoor v. Union of India1. That case turned on the interpretation of Rule 9 of the Central Civil Services (Conduct) Rules, 1972. In paragraph 10 of the judgment after referring to the rule, this Court pointed out that the right to gratuity being a statutory right could be taken away by a valid rule only and since Rule 9 did not empower the withholding of gratuity and no other rule was pointed out which permitted the withholding of gratuity, the order withholding gratuity could not be sustained. We enquired of Mr Tulsi, learned ASG, if he was in a position to point out any rule which entitled the President to withhold DCRG. He was not able to do so. It, therefore, prima facie appears that the contention urged...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1992Supp(2)SCC118
B.C. Ray,; N.M. Kasliwal and; Fathima Beevi, JJ.1. This Court by its order dated July 29, 1991 directed the State Government or the Service Commission, whichever is the custodian of the papers to produce the mark lists both in the preliminary written test as well as in the interview in a sealed cover on the next date of hearing and the special leave petition was directed to be listed after two weeks. Pursuant to this order, this special leave petition has been enlisted before us today. The counsel appearing on behalf of the respondent State of Haryana and others submits before this Court that all the examination papers, marks lists, etc. both in the preliminary as well as writtentests have been destroyed. It appears from page 86-A of the SLP paperbook that a report has been filed under the signatures of five members, including the Chairman, Mr A.S. Dangi himself, where it has been stated that the answer scripts, etc. have been destroyed because of shortage of space. This report bears t...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1992Supp(2)SCC122
Ranganath Misra, C.J. and; P.B. Sawant, J.1. This is a petition under Article 32 of the Constitution and is filed by way of public interest litigation. A grievance is made regarding ragging in the I.I.T., Kharagpur. It is alleged that one student was thrown from the second floor and had sustained fractures of ribs and had been badly injured. The atmosphere within the Institute has been very much disturbed on that account. If we entertain this petition here, it will be difficult for the parties to come over to Delhi and file their affidavits. On the other hand keeping the proximity of the Institute from the Calcutta High Court in consideration we think it appropriate to transfer this petition. This petition is transferred to the Calcutta High Court to be treated as one under Article 226 of the Constitution. Notice may be issued for disposal on merit and the matter may be taken up as early as possible and preferably the case may be closed within four months from the time respondents appe...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC117; 1992Supp(2)SCC436
1. These appeals are directed against the judgment and order dated 27-1-75 of a Division Bench of the High Court of Kerala dismissing the three writ petitions filed by the appellant.2. Ms. Sundaram Finance Ltd. is a company carrying on business of financing of automobiles on Hire-Purchase basis with its Head Office at Madras. The Company had three vehicles which were covered by hire-purchase agreements executed by it with the concerned bus operatOrs. The persons who were actually operating the vehicles did not pay the passengers and goods tax. Since the vehicles were subsequently seized by the appellant and got registered in its name, the Regional Transport Authority issued notice of demand to the appellant for the recovery of the tax arrears. The appellant challenged the validity of the recovery proceedings by filing writ petitions in the High Court mainly on the ground that the appellant-company was not an 'Operator' and had no permit in its favour at the relevant time when the tax w...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC2230; 1991LabIC2170; (1992)ILLJ279SC; 1992Supp(2)SCC301
1. The appellant was appointed in 1968 as a lecturer in Chemistry in the respondent-College, viz., the Kittel College, Dharwad run by the respondent-Society, viz., Basel Mission Higher Education center, Dharwad. He was promoted as a senior lecturer in 1971. A series of disputes ensued between him and the respondent-Society thereafter which culminated in the suspension of the appellant w.e.f. July 2, 1975. A domestic inquiry was instituted against him on the charges of insubordination and other misconducts. A retired District Judge was appointed as the Inquiry Officer and according to the contentions of the respondent-Society, notwithstanding the non-co-operation of the appellant at the subsequent stages of the inquiry, the Inquiry Officer completed his inquiry and submitted his report in which he held that the appellant was guilty of the charges levelled against him. On the basis of the report and the reply filed thereto by the appellant, the respondent-Society dismissed the appellant ...
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