Court : Supreme Court of India
Reported in : 1994Supp(2)SCC514
ORDER 1. This appeal arises from the judgment and order of the Patna High Court allowing Civil Writ Case No. 4432 of 1978, quashing a demand of the appellant for recovery of market fee under the Bihar Agricultural Produce Markets Act. 2. The respondent-firm was served with notice dated July 29, 1978 by the appellant-market committee to pay market fee on the sale of Zarda produce by the respondent-firm on the basis that it was included in a scheduled item under the Act by the description ‘tobacco’. Since the respondent-firm refuted the liability to pay market fee mainly on the ground that Zarda was a different commodity though manufactured out of tobacco, it resisted the notice. Since the payment of market fee was insisted upon and threatening notices were issued to the respondent-firm, a writ petition was moved in the High Court which resulted in acceptance as aforesaid. 3. When the notice afore-referred to was issued, the expression ‘agricultural pr...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC2453; 1993CriLJ2530; 1993(1)Crimes1144(SC); JT1993(4)SC520; 1995(5)SCALE222; 1993Supp(3)SCC18; [1993]2SCR849
ORDERA.S. Anand, J.1. This appeal under Section 2(a) of the Supreme Court (Enlargement of Appellate Jurisdiction) Act, 1970 is directed against the judgment and order of the High Court of Rajasthan dated 21.8.1985 in Criminal Appeal No. 494/1974 convicting the appellant for an offence under Section 302 of the Indian Penal Code and sentencing him to suffer imprisonment for life by reversing an order of his acquittal recorded by the Additional Sessions Judge, Ganganagar vide judgment and order dated 13.2.1974.2. According to the prosecution case, Mani Ram appellant and his brother Hari Ram had removed the fencing over the field of Hazur Singh deceased about 20-22 days prior to the occurrence, which took place on 22.6.1972 at about 12.30 noon, and that action of the appellant and his brother had resulted in a quarrel between the brothers and Hazur Singh and had created ill feelings between the parties. On the fateful day of 22.6.1972, Hazur Singh deceased had gone to his field. His wife S...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1993(2)BLJR970; [1993]77CompCas316(SC); 2002(80)ECC10; 1993(65)ELT155(SC); [1993]201ITR568(SC); JT1993(4)SC197; 1993(2)SCALE325; (1993)3SCC84; [1993]2SCR864
B.P.Reevan Reddy, J.1. With a view to provide for the forfeiture of illegally acquired properties of smugglers and foreign exchange manipulators, the Parliament enacted, in the year 1976, The Smugglers And Foreign Exchange Manipulators (Forfeiture of Property) Act, 1976, being Act No. 13 of 1976. The Preamble to the Act sets out the objective which the Act seeks to achieve. It says:WHEREAS for the effective prevention of smuggling activities and foreign exchange manipulations which are having a deleterious effect on the national economy it is necessary to deprive persons engaged in such activities and manipulations of their ill-gotten gains; AND WHEREAS such persons have been augmenting such gains by violations of wealth-tax, income-tax or other laws or by other means and have thereby been increasing their resources for operating in a clandestine manner; AND WHEREAS Such persons have in many cases been holding the properties acquired by them through such gains in the name of their rela...
Tag this Judgment!Court : Supreme Court of India
Reported in : 76(1993)CLT1; JT1993(3)SC613; 1993(2)SCALE324; 1993Supp(3)SCC481; [1993]2SCR860
B.P. JEEVAN REDDY, J.1. Heard the counsel for the appellant. None appears for the respondent though served. Leave granted.2. This appeal by the Orissa State Electricity Board is preferred against the judgment of the Orissa High Court allowing partly an appeal preferred by the respondent. The dispute pertains to the liability of the consumer (respondent in this appeal) to pay the minimum charges during the period subsequent to the date of disconnection of supply of energy to him for the non-payment of electricity dues.3. The respondent is an industry. It entered into an agreement with the appellant for supply of electricity on March 5, 1965. The agreement was valid for a period of five years. He started availing of the energy with effect from July 31, 1965. The supply to his industry was disconnected on April 30, 1968 for nonpayment of electricity charges. Since the consumer also failed to pay the minimum charges for the period subsequent to the date of disconnection, the Board filed a ...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1993(2)KLT132(SC); 1993Supp(4)SCC59; [1993]90STC36(SC)
ORDER1. Rule 9(f) of the Kerala General Sales Tax Rules, 1963 ('the rules') provides that the amount specified and charged for by the dealer separately as freight, without including that amount in the price of goods sold, shall be deducted from the total turnover of the dealer for the purposes of assessing the dealer's liability under the Kerala General Sales Tax Act, 1963. In all these appeals the question for consideration before the High Court was whether the respondent-assesses were entitled to the benefit of Rule 9(f) of the Rules. The High Court answered the question in favour of the assessees and against the State. These appeals are by the State of Kerala against the judgment of the High Court. 2. Civil Appeals Nos. 2680 to 2682 of 1979: The assessee in these appeals was a dealer in firewood. He had contracted with the Gwalior Rayons Ltd, for the purchase and sale of firewood. These appeals are in respect of the assessments to sales tax for the assessment years 1968-69, 1969-70 ...
Tag this Judgment!Court : Supreme Court of India
Reported in : [1993]78CompCas149(SC); 1993(2)SCALE476; 1993Supp(3)SCC475
B.P. Jeevan Reddy, J.1. In the year 1971, the Government of India in the Ministry of Food, Agricultural, Community Development and Co-operation propounded a Scheme through its Directorate of Extension for the creation of Agro Service centers in rural areas. The scheme envisaged not only providing technical services to the agriculturists but also to provide employment to unemployed engineers and technically trained personnel. The object of the scheme and its particulars are stated elaborately in this Court's order dated September 30, 1985. Suffice it to mention that the scheme contemplated establishment of Agro Service centers all over the country, for which purpose the engineers and other technically trained persons were to be provided with finance ranging from Rs. 50,000/- to Rs. 2 lakhs. Banks and other financial institutions were to provide the funds. The loan was re-payable in prescribed instalments. The scheme also contemplated a subsidy in the matter of payment of interest of suc...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1995Supp(4)SCC694
M.N. Venkatachaliah, C.J.,; Dr. Dr. T.K. Thommen and; S. Mohan, JJ.1. Upon motion the matter is taken on Board. We have heard Sri R.F. Nariman, learned counsel for the petitioner and Shri S. Sivasubramanian, learned Senior Counsel for the respondents. Leave granted.2. “The Tamil Nadu Dr M.G.R. Medical University” is the appellant and is aggrieved by the order dated March 22, 1993, of the High Court of Judicature at Madras passed in CMP No. 3960 of 1993 in Writ Appeal No. 323 of 1992. The first respondent is an educational institution and claims to maintain a dental college. In the writ petition before the High Court is sought a mandamus to the University to accord affiliation to its courses in dental medicine and surgery. That writ petition was dismissed. An appeal is preferred by the first respondent-college before the Division Bench of the High Court. The Division Bench, in the pending appeal, at the interlocutory stage, has persuaded itself to grant a direction to the Un...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC244; JT1993(2)SC715; (1994)ILLJ239SC; 1993(2)SCALE469; 1993Supp(2)SCC506; [1993]2SCR906; (1993)3UPLBEC1740
ORDERKuldip Singh, J.1. Special leave granted.2. This appeal is a sequel to the chequered litigation, over a period of two decades, between members of the Indian Ordnance Factories Class III Service (the Service). The first round of litigation was concluded in favour of K.K.M. Nair and others, the appellants, on July 28,1986 when the special leave petitions filed by the Union of India, against the judgment of Madhya Pradesh High Court, were dismissed by this court. As a consequence the Director General Ordnance Factories (DG) issued an order dated February 20/25, 1987 granting benefits to the appellants towards seniority in different grades of the Service. S.K. Chattopadhyay and others, the respondents, who were not parties to the earlier litigation, challenged the order dated February 20/25, 1987 before the Central Administrative Tribunal. The Tribunal by its judgment dated February 14,1991 allowed the application of S.K. Chattopadhyay and others and set aside the order dated February...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC2457; 1993CriLJ2598; 1993Supp(3)SCC343
1. Two brothers Govind Narain and Ganesh Narain, (appellants in Criminal Appeal No. 852/ 85, filed under Section 2 of the Supreme Court (Enlargement of Criminal Appellate Jurisdiction) Act, 1970) along with their third brother Ram Narain (respondent in Criminal Appeal No. 197/ 87 and 279/88) and father Kalu Ram, who died during the trial were tried for an offence under Section 302, I.P.C. in connection with an occurrence which is alleged to have taken place on the night intervening 23rd and 24th June, 1974 at about 1.00 a.m. According to the prosecution case, the deceased Gopi Chand was sleeping in his house when on hearing the barking of dogs, he got up and went out. While he was trying to look for the miscreants on account of whom the dogs might have barked, he was assaulted by all the four accused and pushed into a dry well. He cried for help and the villagers gathered there. Nanda PW 2 was sent into the well to bring out the deceased and after the deceased was so brought out, his b...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC2449; JT1993(3)SC673; 1993(2)SCALE375; (1993)2SCC740; [1993]2SCR888a
ORDERN.M. Kasliwal, J.1. These appeals by grant of special leave are directed against the judgment of the Madras High Court dated 24.1.1979.2. Abdul Salam and his mother Razia Begum sold their agricultural lands measuring 3 acres and 25 acres respectively by executing two sale deeds Exhibits A.2 and A.I dated 17.4.1962 in favour of Satyanarayana Rao and his father Mahadeva Rao. The consideration of the respective sale deeds was Rs. 10,000 and Rs. 75,000. On the same day, both the vendees took Rs. 500 back and executed two separate agreements in favour of the respective vendors under Exhibits A.3 and A.4 giving a right of repurchase to the vendors at any time after 17.4.1969 but before 16.4.1972.3. Thereafter, Razia Begum and Abdul Salam executed agreements of sale in favour of the appellant T.M. Balakrishna Mudaliar on 4.1.1963, for a consideration of Rs. 1,30,000 in all. The appellant also paid an amount of Rs. 30,000 from time to time till April 1963 to Razia Begum and Abdul Salam to...
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