Court : Supreme Court of India
Reported in : 1994Supp(3)SCC658
Kuldip Singh and; S. Mohan, JJ.1. Special leave granted.2. Pandharinath Laxman Wringe has been detained, by an order dated 3-4-1992, under Section 3(2) of the National Security Act, 1980 with a view to preventing him from acting in any manner prejudicial to the maintenance of public order. His wife Smt Panna challenged the detention order by way of a writ petition under Article 226 of the Constitution of India before the Bombay High Court. A Division Bench of the High Court dismissed the writ petition by its judgment dated 21-7-1992. This appeal by way of special leave is against the judgment of the High Court.3. The detention order is founded on four incidents which took place between 2-6-1990 and 13-9-1991. The detention order was served on the detenu on 3-4-1992 itself. The learned counsel for the detenu challenged the order of detention, before us, on the following grounds:(1) There was inordinate delay in considering the representation of the detenu by the Central Government and a...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC512; JT1993(1)SC328; 1993(1)SCALE235; (1993)1SCC636; [1993]1SCR313
B.P. JEEVAN REDDY, J.1. Heard the counsel for the parties. Leave granted.2. This appeal raises the question whether Section 5 of the Limitation Act, 1963 is applicable to a recrimination notice given under Section 97 of the Representation of People Act, 1951. The learned Single Judge of the Karnataka High Court has held that it is not. His view is questioned by the returned candidate (first respondent in the election petition) before us.3. The first respondent in the election petition who shall hereinafter be referred to as “appellant”, was declared elected from Koppal parliamentary constituency during the general elections held for the Tenth Lok Sabha. He contested on the Congress (I) ticket. The election-petitioner, referred to hereinafter as “the first respondent” had also contested from the said constituency on the ticket of Janata Dal. Having lost the election, the first respondent filed an Election Petition No. 8 of 1991 for a declaration that the election...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1993(1)SC267; 1993(1)SCALE195; (1994)2SCC41; [1993]1SCR286
1. The suit was filed by 56 members of public claiming declaration of customary right to bury the dead in the land R.S. No. 975/1 admeasuring 2 acres and 38 G. and R.S. No. 975/2 admeasuring 5 acres, against 15 original defendants. Defendants 1 to 3 to the suit were brother-owners of the land. The owner-defendants sold portions of the suit land and defendants 4 to 15 are the purchasers of the said protions. Both the owners and the vendees were joined as defendants to the suit as they denied the plaintiffs customary right to bury the dead in the land. In the suit, a permanent injunction restraining the defendants from obstructing the plaintiffs in the exercise of their said right, was also claimed.The evidence disclosed that defendant 1 claimed interest in R.S. No. 975/1, defendant 2 in R.S. No. 975/2 and defendant 3 claimed no interest in either of the pieces of land. Defendants 1 and 2opposed the reliefs claimed by the plaintiffs contending that the suit land was not a burial ground a...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1993(1)SC606; (1993)IILLJ1148SC; 1993(1)SCALE206; (1993)2SCC31; 1993(1)SLJ115(SC); (1993)2UPLBEC874
ORDER1. This contempt petition is filed by Class III and Class IV employees of the Food Corporation of India [FCI] with the grievance that the respondent-FCI has not complied with the direction given by this Court in its order of 3rd May, 1990. Two of the directions of which we find non-compliance by the respondents are:[i] Recommendations made in the report of the High Power Pay Committee with regard to the revised pay scales which were to be implemented w.e.f. 1.1.1986.[ii] The employees concerned were to continue to enjoy the option to switch over to the Industrial Dearness Allowance [IDA] pattern of the scales of pay on a voluntary basis.2. In its reply to the contempt petition, the respondent-FCI has pleaded that it was acting according to the directions of the Central Government. The counter filed on behalf of the Union of India shows that they have confused the case of the employees of the FCI with those of the other Public Sector Enterprises [PSEs]. It is necessary in this conn...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1993(1)SC255; 1993LabIC1111; (1993)IILLJ347SC; 1993(1)SCALE180; (1993)2SCC429; 1993(1)SLJ111(SC); (1993)2UPLBEC833
1. Heard counsel for the parties. Leave granted.2. The controversy in this appeal pertains to the appointment to the post of Director in National Research Laboratory for Conservation of Cultural Property (N.R.L.C) on transfer on deputation basis. The said post was in the scale of Rs. 4500-5700 with effect from 1.1.1986.3. On 26th June, 1989 the Deputy Education Advisor to the Government of India in Ministry of Human Resources Development (Department of Culture) addressed a letter to the Chief Secretaries of all the Suite Governments and Union Territories and all Universities and Heads of recognised research institutions intimating them that the services of a suitable officer are urgently required on transfer on deputations basis on the post of Director (N.R.L.C). It was requested that the said vacancy be circulated in all the departments and offices under the Stale Governments/Union Territories and the bio-data of suitable candidates fulfilling the requisite eligibility conditions as m...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1917; 1993LabIC1608; 1995Supp(1)SCC157
ORDER1.This Review Petition has been filed against our judgment dated November 27, 1992 passed in Civil Appeal No. 2193 of 1989 entitled Bhide Girls Education Society v. Education Officer, Zila Parishad, Nagpur.2. In the above decision we had held that in the case of Dr. Chakradhar Paswan v. State of Bihar : (1988)IILLJ66SC , the decision in Arti Roy Choudhary v. Union of India : (1974)ILLJ239SC had been distinguished and it has been squarely laid down that if there was only one post in the cadre, there could be no reservation under Article 16(4) of the Constitution. We had noted that after the aforesaid decision in Dr. Chakradhar's case, the Government of Maharashtra had also issued a Circular letter dated 1st March, 1989 in which it was laid down that in view of the law laid down in Dr. Chakradhar Paswan's case : (1988)IILLJ66SC if a reservation is made for a single post in the beginning of the year for the purpose of filling up the same in future, by way of promotion, that will be u...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC2447; 1993CriLJ1995; 1993(I)CTC368; (1994)ILLJ368SC; 1994Supp(1)SCC70
1. Special leave is granted.2. In response to an advertisement inviting applications for appointment to the posts of Clerks, the respondent applied, and was selected after holding written test followed by an interview, subject to the result of the medical examination. It appears that he has been suffering from some serious eye trouble and he was subjected to more than one medical test in March and April, 1987. On 22-4-1987 he was asked to go back to his native place and wait for further communication and on 1st of July, 1987 he received a regret letter, informing him that he was found medically unfit. The respondent approached the High Court with a writ application under Article 226 of the Constitution, asserting that he was medically fit and was entitled to appointment. The writ petition was allowed in September, 1988 by the impugned judgment.3. We have heard the learned Counsel for the parties at length. The medical opinion, which is on the records of the case, clearly indicates that...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1487; 1993CriLJ1809
1. This appeal is filed under the provisions of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act for offences punishable under Sections 148, 302, 302 read with 149, I.P.C. The trial Court acquitted all the accused. The State preferred an appeal. The High Court acquitted A-2 to A-8 but convicted the appellant under Section 302, I.P.C. and sentenced him to undergo imprisonment for life.2. The prosecution case is as follows:The deceased. Suddhu Kurmi and all the accused and material witnesses P.Ws. 1, 3 and 5 belong to Village Bhathlokale. The deceased had two houses one old and the other new. The houses of the accused were located quite closely. The further case of the prosecution is that there was some misunderstandings between the deceased and the accused families and on 22-11-78 at about 7 p.m. the deceased was going from his new house to old house and when he covered a distance of five paces the accused came there armed with tabbal and lathis. The appellant befo...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1271; 1993CriLJ1109
K. Jayachandra Reddy, J.1. Criminal Appeals Nos. 525-26 of 1983 are taken on board as they are connected matters. Criminal Appeal No. 450/82 is filed by one Kulwant Singh who was found guilty by the High Court under Section 304, Part I, I.P.C. and sentenced to undergo 10 years' R.I. Criminal Appeals Nos. 525-26/83 are filed by one Jasbir Singh, the complainant in the case.Criminal Appeal No. 450/82:2. The appellant in this appeal along with six others was tried for offences punishable under Sections 148, 302, 307 read with Section 149, I.P.C. and Section 27 of the Arms Act. The trial Court acquitted Gurdial Singh (A-2), Bal-winder Singh son of Deva Singh (A-3), Balwinder Singh son of Hans Singh (A-7) and convicted the remaining four. All the convicted four persons preferred an appeal to the High Court. The High Court convicted Kulwant Singh under Section 304, Part I, I.P.C. as stated above and acquitted the other three. Kulwant Singh has preferred this Criminal Appeal No. 450/ 82. Ques...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1994]80CompCas123(SC); JT1993(1)SC259; 1993(1)SCALE156; 1993Supp(4)SCC353
1. Heard counsel for the parties. Leave granted in all the three S.L.Ps.2. The appellant, Assambrook Limited, is a Tea Company owning certain Tea Estates in the country. Its case is that it acquired four Tea Gardens in Kerala for Rs. 8.15 crores in February, 1990. The amount of consideration was borrowed either from the banks/public financial institutions or from certain private corporate bodies. It was necessary to raise funds for repaying the said loans. Accordingly, on 25.11.1991 the company issued a notice convening an extraordinary General Meeting on 6.1.1992 for increasing the authorised capital of the company and to consider and approve the Rights offer of convertible/non-convertible debentures.3. On 4.1.1992, an interim order was passed by the Calcutta High Court in Suit No. 1 of 1992, instituted by Suparswa Investments Limited directing that while the proposed meeting can be held, the resolutions passed thereat should not be given effect to without the leave of the court. At t...
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