Court : Supreme Court of India
Reported in : JT1994(4)SC31; 1994(2)SCALE1030; 1994Supp(2)SCC245; [1994]Supp1SCR126; 1995(1)SLJ89(SC)
Yogeshwar Dayal, J.1. This is an appeal on behalf of appellants S/Shri A.K. Nigam, K. Thiagarajan and Suresh Kumar against the judgment dated 5th March, 1993 of the Central Administrative Tribunal, Principal Bench, New Delhi, in O.A. No. 1422 of 1987 filed by respondent No. 1 Shri Sunil Misra challenging the seniority list of Indian Railways Personnel Service (JS/SS) Officers as on 1st March, 1987. By the aforesaid order the Tribunal had accepted the application of respondent No. 1 and held that the appellants herein could not be ranked senior to him.2. For appreciating the controversy it would be necessary to refer to the facts.3. The appellants 1 and 2 were appointed to the grade of Section Officers (Rs. 650-1200) (Group 'B') in the Railway Board Secretariat Service (RBSS) on the basis of I.A.S., etc, Examination, 1977 and joined the service on 9th July, 1979 and 21st July, 1979 respectively. Appellant No. 3 joined the RBSS as Section Officer (Rs.650-1200) (Group 'B') on 10th June, 1...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1995(1)BLJR226; 1994(2)Crimes986(SC); JT1994(4)SC223; 1994(2)SCALE1004; (1994)5SCC146; 1994(2)LC434(SC)
1. Leave granted.2. This appeal, filed by the State of Orissa, impugns the judgment and order of the High Court of Orissa allowing the release of Rajendra Prasad Bharadia, the first respondent, and Purakh Chand Chandak, the second respondent, 'on bail of Rs. 50,000/- (fifty thousand) each with two local sureties each for the like amount to the satisfaction of the S.D.J.M., Cuttack, subject to the further conditions that they shall personally appear in court on each date on which the case is posted; they shall not leave Calcutta without Court's permission excepting for appearing in the case till the trial is over; they shall report at Lai Bazar Police Station, Calcutta, every fortnight on Sunday and they shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case so as to dissuade him from disclosing such facts to the Court'.3. The two respondents along with eight others are charged under Section 302 read with Section 34 of...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1994CriLJ3848; 1994(2)Crimes957(SC); JT1994(4)SC62; 1994(2)SCALE970; 1994Supp(2)SCC289; [1994]Supp1SCR63
Faizan Uddin, J. 1. The appellants Mani Ram, Agya Ram, Rarajiyawan, Kewal, Sant Ram, Siyaram and Janjali were charged and tried under Sections 147, 148 and 302/149 of the Penal Code for committing the murder of one Basdeo at about 4.00 PM on 27.1.1978. The learned IVth Additional Sessions Judge, Basti in Sessions Trial No. 195/78 convicted the appellants Mani Ram and Agya Ram Under Sections 148 and 302 read with Section 149 of the Penal Code and sentenced them to undergo rigorous imprisonment for two years and life imprisonment respectively while the remaining appellants, namely, Ramjiyawan, Kewal, Santram, Siyaram and Janjali were convicted under Sections 147 and 302 read with Section 149 of the Penal Code and each one of them was sentenced to undergo rigorous imprisonment for one year and life imprisonment respectively. All the sentences were directed to run concurrently. These sentences and convictions awarded to the appellants have been affirmed by the High Court of Allahabad in ap...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1994(2)SCALE958; (1996)9SCC481
ORDER1. When Order dated 14th May, 1993 was passed by us, we thought that we have succeeded in bringing quietus to the long drawn litigation between an affluent and prosperous holding Company and poor and suffering subscribers to the Chit Fund of the subsidiary company. We felt, however, disturbed when we saw attempts made on the side of the subsidiary company to avoid payment on certain counts to the Subscribers' Association and attempts made on the side of Subscribers' Association to have its members increased and get payments made to all such members to the detriment of other large body of subscribers. Whatever that be, we heard Shri R.K. Jain Senior Counsel for the Subscribers' Association, and Shri K.K. Venugopal, Senior Advocate for Sudharshan Trading Company, on several days and at length. Five claims have been advanced on behalf of the Subscribers' Association:(1) They were entitled to interest on deposit of Rs. 5 Lakhs from 3rd November, 1989;(2) Direction to pay 25% interest ...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1994(4)SC164; 1994(2)SCALE1034; (1994)4SCC250; [1994]Supp1SCR70; 1994(2)LC167(SC)
1. Learned counsel for parties were heard by us.2. Whether Clause (b) of Section 23A of the Madhya Pradesh Accommodation Control Act, 1961 (for short 'the Act'), which confers a right on the landlord to seek recovery of possession of non-residential accommodation from his tenant on the ground specified thereunder, requires him to plead in his application to be made there for, that he is also the owner of such accommodation and establish such ownership to succeed in that application, being a question of importance arising for our consideration in the Special Leave Petition, the Special leave to appeal sought for therein is granted.3. Facts needed to decide the appeal are just a few. The respondent was a tenant of a shop, to be referred to as 'the accommodation' under one Banarsidas who was his landlord being the owner of that accommodation. The respondent sent a notice on 23rd September, 1985 to Banarsidas calling upon him to effect certain repairs in respect of the accommodation. But, ...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1994(2)ALT(Cri)507; 1995CriLJ2654; 1994(2)Crimes950(SC); JT1994(7)SC8; 1994(2)SCALE1015a; 1994Supp(2)SCC344; 1994(2)LC193(SC)
1. The occurrence which had seen the death of Gurcharan Singh had taken place at about none of 27.6.1981 in village Barawal of district Sangrur Punjab. The prosecution case is that PW 3 Kamal Singh and his brothers had applied for allotment of about 50 bighas un-allotted (Bachat) land. This prayer was allowed and the possession of the land was delivered to the appellants about 20 days before 27th June on which date Karnail Singh and his brother PW4 Jarnail Singh and their father PW9 Gurdev Singh as well as the deceased Gurcharan Singh, were preparing wats in the land. Daljit Singh, brother of Karnail Singh, brought food for the party after taking which they retired towards the shade of a keekar tree. At that point of time it is alleged that an unlawful assembly consisting of nine persons variously armed came and raised Lalkara that nobody should be allowed to go alive and they should be taught a lesson for getting allotted the Bachat land. In the attach which followed appellants Balbir...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC436; 1994(2)Crimes990(SC); JT1994(4)SC209; 1994(2)KLT325(SC); 1994(2)SCALE997; (1994)4SCC299; [1994]Supp1SCR95
ORDERJ.S. Verma, J. 1. The challenge in this appeal by special leave is to the legality of the order dated 3rd February, 1993 passed by Chettur Sankaran Nair, J. of the Kerala High Court allowing Criminal Revision No. 762 of 1992 filed by the State of Kerala and setting aside the order dated 16th October, 1992 passed by the Special Judge, Idamalayar, in Criminal M.P. No. 79 of 1992 in C.C. 1 of 1991 declining to give consent to the Public Prosecutor to with draw the prosecution against the sixth accused - G. Gopalakrishnan Pillai, former Secretary, Irrigation and Power to the Government of Kerala.2. The material facts may now be briefly stated. Idamalayar Dam as a part of the Idamalayar project was sanctioned by the planning Commission and huge expenditure in its construction was incurred upto March, 1985, However, in the trial run itself on 15.7.1985 a number of leaks were discovered in the tunnel exposing the inferior quality of construction work which was a matter of grave public co...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1994(2)BLJR1135; JT1994(4)SC116; (1994)108PLR234; 1994(2)SCALE1021; (1994)4SCC177; [1994]Supp1SCR107; 1994(2)LC458(SC)
1. This appeal is directed against the judgment of the Single Judge of the High Court of Patna dated 26th April, 1983 whereby the Single Judge set aside an order dated 28th May, 1982 passed by the executing court in Execution Case No. 7 of 1977 while giving the benefit of Order 21 Rule 89 of the CPC (hereinafter referred to as 'the Code') to the judgment debtor.2. Undoubtedly the sale took place on 25th May, 1981 and even the objections, which were filed for setting aside the sale under Order 21 Rule 90 of the Code were dismissed on 4th May, 1982. An application purporting to be under Order 21 Rule 89 of the Code was filed on 28th May, 1982. It may be mentioned that even an appeal has been filed against the order of the executing court dated 4th May, 1982 dismissing the objections to the sale filed under Order 21 Rule 90 of the Code. After the dismissal of the objections under Order 21 after Rule 90 of the Code the executing court granted time for moving the High Court till 22nd May, 1...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1994(4)SC113; (1995)109PLR298; 1994(2)SCALE967; (1994)4SCC325; 1994(2)LC181(SC)
1. The tenants in a suit for eviction are the appellants before us. Though the landlord-respondent sought eviction of the tenants on various grounds the only ground which survives for our consideration in this appeal is of illegal sub-letting. According to the landlord the tenants had without his consent sublet the verandah of the tenanted premises to certain individuals, namely, Zinda Hasan, Abdul Rashid and Dhunna, who were doing business there. The defence of the tenants, so far as this ground was concerned, was one of denial.2. The trial Court answered all the issues regarding the grounds of eviction against the landlord and dismissed the suit. In appeal the first appellate Court, however, on an exhaustive analysis of the evidence adduced during trial, reached a conclusion to the contrary so far as the issue of sub-letting was concerned and decreed the suit. The High Court dismissed the second appeal preferred by the tenant affirming the factual findings recorded by the first appel...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1994(2)BLJR899; JT1994(4)SC173; 1994(2)SCALE1011; (1994)5SCC129; [1994]Supp1SCR112
Yogeshwar Dayal, J.1. The present appeal by M/s. Bharat Coking Coal Limited, a public sector undertaking, is directed against the judgment of the Single Judge of the Patna High Court, Ranchi Bench, Ranchi dated 20th August, 1987 whereby the Single Judge modified the decree passed by the 1st Additional Subordinate Judge, Dhanbad, dated 27th February, 1976 by which the suit filed by the plaintiff (predecessor-in-interest of the appellant herein) was decreed. By the said order the state of Bihar was restrained from interfering with the possession of the appellant from the entire land of Khewat No. 11 of village Kenduadih.2. The brief facts are - that M/s. East India Coal Company Limited (hereinafter referred to as 'the Company'), a joint stock Company, had filed the suit, out of which the present appeal has arisen. The Company was carrying on coal mining operations in village Kenduadih in the district of Dhanbad. After the enactment of Coking Coal Mines (Nationalisation) Act, 1972 a Notif...
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