Court : Supreme Court of India
Reported in : AIR1994SC1595; 1994CriLJ1584
K. Jayachandra Reddy, J.1. The appellants in all these appeals are connected with the business in a co-operative society called Qutubpur Sadhan Sahkari Samiti. Surjan Singh, appellant in Criminal Appeal No. 600/80 was the Sarpanch and Chairman of the Managing Committee, Shambhu Singh, appellant in Criminal Appeal No. 407/80 was the Treasurer, Jai Gopal Sharma, appellant in Criminal Appeal No. 399/ 80 was the Accountant and Prahlad Singh Tyagi, appellant in Criminal Appeal No. 349/80 was the Supervisor. The Society used to advance loans to the cultivatOrs. In June, 1970, some of the accused were alleged to have entered into a conspiracy and forged documents by which they drew large sums of money from the Bank and misappropriated the same. The amounts withdrawn were meant to be disbursed to the cultivatOrs. It was found that 16 persons amongst the cultivators, who were the members of the Society, had not taken loans and it was shown that the disbursement was made to each one of them. The...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC34; 1994CriLJ21
1. This is an appeal under the provisions of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970 read with Section 379 of the Criminal Procedure Code, 1973. The sole appellant was tried by the Sessions Judge, Kottayam for an offence punishable under Section 302, I.P.C. The learned Sessions Judge convicted him under Section 326, I.P.C. and sentenced him to undergo Rigorous Imprisonment for two years. The State filed an appeal against the acquittal. The accused also preferred an appeal to the High Court against the conviction under Section 326, I.P.C. and sentence of rigorous imprisonment for two years. The High Court held that an offence punishable under Section 302, I.P.C. is clearly made out and accordingly set aside the order of Sessions Court and convicted him for the offence of murder and sentenced him to undergo imprisonment for life thereby allowing the appeal by the State and dismissing the appeal by the accused. Hence the present appeal. 2. The prosecut...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1995Supp(4)SCC428
K. Ramaswamy and; G.N. Ray, JJ.1. Leave granted2. The respondents laid the proceedings under Section 21(h) and (j) of the Karnataka Rent Control Act, 1961, for short the Act for ejectment of the tenant, Vishnu Narayan Gadskari. The District Munsif, Belgaon granted a decree for ejectment and an appeal was filed and during its pendency the tenant died. Thereafter, the appellants came on record as his legal representatives. The District Judge held that the tenancy was not heritable. Accordingly, the appellants cannot maintain the appeal. On that finding, the appeal was dismissed and on revision the High Court confirmed the order of the District Judge. Hence this appeal by special leave under Article 1363. Admittedly, the premises is a non-residential one. Section 3(r) defines the tenant(r) "tenant" means any person by whom or on whose account rent is payable for a premises and "includes" the surviving spouse or any son or daughter or father or mother of a deceased tenant who had been livi...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC797; JT1992(1)SC499; 1992(1)SCALE291; (1992)2SCC732; 1992(1)LC431(SC)
ORDERR.M. Sahai, J.1. The only question that arises for consideration in this appeal, directed against the judgment of Andhra Pradesh High Court is, if the High Court committed any error of law in affirming the judgment and decree passed by the Civil Judge decreeing the suit of the plaintiff/ respondents for declaration that they were owners of the land in dispute and permanent injunctions restraining the defendant/appellant and A.P. State Road Transport Corporation, respondent No. 12 from interfering in their possession.2. The suit was founded on title derived through purchase from one K. Nagaiah who had himself purchased from K. Malliah. It was claimed that respondents and their predecessors in interest had been in possession of the land in dispute as owners since last over seventy years. They had been paying the land revenue and entering into transactions in respect of parts of the land from time to time. Suit was resisted apart from merits on limitation, non-joinder, deficient cour...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1992(1)SC568; 1992(1)SCALE302; (1992)2SCC190; 1992(1)LC461(SC)
Lalit Mohan Sharma, M.M. Punchhi and Yogeshwar Dayal, JJ.1. This appeal is directed against the judgment of Central Administrative Tribunal, Patna Bench, rejecting the writ petition of the appellants filed before the Patna High Court and later transferred to the Tribunal. They claim seniority over the respondents 5 onwards in the following circumstances.2. The appellants were appointed in the Bihar Superior Forest Service in the years 1964. Subsequently steps were taken for constituting the India Forest Service in accordance with the provisions of the Indian Forest Service (Initial Recruitment) Regulations, 1966, and according to the case of the appellants they were wrongly excluded from the All India Service. The selection board, which was examining the cases of those in the Bihar Superior Forest Service, did not a judge them suitable on the basis of their service records. The appellants challenged the decision by a writ petition before the Patna High Court which, after some argument,...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC1596; JT1992(1)SC455; 1992(1)SCALE248; (1992)2SCC196; 1992(1)LC429(SC)
ORDERLalit Mohan Sharma, J.1. The appellant, while he was serving in the Accounts Department as Divisional Accountant, applied for appointment to the post of Munsif Magistrate in Manipur Judicial Service and was selected. Accordingly an appointment letter was issued on 25th of May, 1977, and he promptly indicated his intention to join the new post. Since he had to be relieved from the accounts department for joining the new assignment, he made an application for the purpose. A copy of his appointment letter was also sent directly by the State Government to the Accountant General, Assam, with a request to release him immediately. The appellant was, however, not relieved and a letter was sent from the office of the Accountant General to the Law Secretary to the Government of Manipur for granting one month's time. This letter was sent on 20th of June, 1977. By another letter dated 22nd of July, 1977 a further one month's time was requested for by the office of the Accountant General. Even...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1992(1)SC586; (1992)IILLJ749SC; 1992(1)SCALE257; (1992)2SCC1; [1992]1SCR530; 1992(1)SLJ193(SC)
K. Jayachandra Reddy, J.1. All these appeals pursuant to the special leave granted are filed by the Union of India, the Comptroller & Auditor General and the Principal Accountant General. The only question that arises for consideration is whether the benefit under Office Memo (O.M.) dated 12th June, 19S7 issued by the Government of India, Ministry of Finance, Department of Expenditure should be extended to the members of the Accounts Wing of the Indian Audit and Accounts Department ('I.A. & A.D.' for short) with effect from 1.1.86 as in the case of Audit Wing or whether it should be from 1.4.87 as indicated in the said Office Memo Several of the employees belonging to the Accounts Wing filed petitions and the Bangalore Bench of Central Administrative Tribunal (CAT for short) held that they are entitled to the benefit with effect from 1.1.86. Subsequent to the said judgment some of the employees in the Account Wing in the Tamilnadu filed petitions before the Madras Bench of the CAT clai...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC847; [1992]73CompCas762(SC); JT1992(1)SC463; 1992(1)SCALE264; (1992)2SCC255; [1992]1SCR481
ORDERT.K. Thommen, J.1. The question which arises in this appeal from the judgment of the Bombay High Court in writ petition No. 2038 of 1991 is, when does a company become liable to pay interest under Section 73(2A) of the Companies Act, 1956 (the 'Act'). The answer to it depends on the answer to the more fundamental and far more difficult question, i.e., when does a company become liable to repay the money received from applicants for shares or debentures in excess of the aggregate of the application money relating to the allotted shares or debentures. If such excess application money is not repaid within eight days from the day on which the company and every director 'who is an officer in default' is liable to pay interest at the specified rates. The period of eight days has to be reckoned in accordance with Section 74. But it is not clear when exactly does the liability to repay the excess money arise. Does it arise on the date of the allotment, as found by the High Court, or on th...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC972; JT1992(1)SC453; 1993LabIC95; 1992(1)SCALE247; (1992)2SCC193; 1992(1)LC464(SC)
ORDERLalit Mohan Sharma, J.1. This writ petition was filed in 1981 for issuing directions to the respondents i.e. the State of Punjab, the Secretary to the Government of Punjab and the Chief Engineer, Punjab Public Works Department, Health Barnch to follow the relevant rules including those dealing with reservation policy of the Government in making promotions from the posts of Public Health Sectional Officers as Sub-Divisional Engineers and accordingly directing them to pass orders in favour of the petitioner. The writ petition was so drafted as to suggest violation of the reservation policy, although the details included were absolutely vague and the prayer too general. However in view of the questions which were formulated, the writ petition was entertained and accordingly Rule Nisi was issued. After service of notice, various counter affidavits and other affidavits were filed in the case from time to time and it appears that the controversy between the parties shifted to what happe...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC789; JT1992(1)SC394; 1992LabIC847; (1992)IILLJ452SC; 1992(1)SCALE294; (1992)4SCC99; [1992]1SCR565; 1992(1)SLJ201(SC); 1992(1)LC676(SC); 1992ICLR537
ORDERP.B. Sawant, J.1. The petitioner-workmen who were employed on daily wages have filed these petitions for their absorption as regular employees in the Development Department of the Delhi Administration and for injunction prohibiting the termination of their services and also for the difference in wages paid to them and those paid to the regular employees. The petitions are resisted on behalf of the respondents contending that there is no scope for the absorption of the petitioners as they were employed on daily wages with a clear understanding that the schemes under which they were employed had no provision for regularisation of any workman.2. To understand the controversy between the parties, it is necessary to refer to the facts with regard to the employment of the petitioners as brought on record by the respondents.3. During the 5th Five Year Plan, the Central Government had formulated various schemes to provide wage-employment to agricultural and landless labourers during lean ...
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