Court : Supreme Court of India
Reported in : 1995(5)JT337SC; 1995(4)SCALE285; 1995(4)SCC611; AIR1995SCW3341
AHMADI, C.J.1. The President of India, in exercise of powers conferred upon him by clause (1) of Article 123 of the Constitution of India, promulgated an Ordinance (No. 32 of 1993) entitled "The Chief election commissioner and other Election Commissioners (Conditions of Service) Amendment Ordinance, 1993" (hereinafter called "the Ordinance") to amend "The Chief Election Commissioner and other Commissioners (Conditions of Service) Act, 1991" (hereinafter called "the Act"). This Ordinance was published in the Gazette of India on 1-10-1993. Before we notice the amendments made in the 1991 Act by the said Ordinance it may be appropriate to notice the provisions of the 1991 Act. As the long title of the Act suggests it lays down the conditions of service of the Chief Election Commissioner (hereinafter called 'the CEC') and election Commissioners (hereinafter called 'the ECs') appointed under Article 324 of the Constitution of India. Section 3(1) provides that the CEC shall be paid a salary ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC391; JT1995(5)SC313; 1995(4)SCALE424; (1995)5SCC123; [1995]Supp2SCR148
ORDERG.N. Ray, J.1. This appeal is directed against the judgment dated July 18, 1991 passed by the Bombay High Court (Aurangabad Bench) in Election Petition No. 8 of 1991. The respondent No. 1 in this appeal, Sri Kamal Kishore Nanasaheb Kadam preferred Election Petition No. 8 of 1991 before the Aurangabad Bench of the Bombay High Court inter alia challenging the election of the appellant Dr. Das Rao Deshmukh from Assembly Constituency No. 170 Nanded in the Maharashtra Legislative Assembly held on February 27, 1990. Having secured the highest vote in the said election, the appellant was declared elected to the Maharashtra State Legislative Assembly in the said election from the Nanded Assembly Constituency. By the impugned judgment, such election of the appellant was declared null and void on the ground of corrupt practice indulged by the appellant Dr. Das Rao Deshmukh under Section 123(3) and 123(3A) of the Representation of People Act, 1951 (hereinafter referred to as the Representati...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC2128; 1995CriLJ3663; 1995(3)Crimes282(SC); JT1995(5)SC238; 1995(4)SCALE393; 1995Supp(3)SCC333; [1995]Supp2SCR75
ORDERG.N. Ray, J.1. All the aforesaid appeals were heard analogously because the criminal proceedings instituted against the appellants in these appeals, being the officers of the State Government of Andhra Pradesh and dealers of fertilizers in the State of Andhra Pradesh related to an alleged scandal in transporting imported fertilisers from the ports of Tamil Nadu and Andhra Pradesh to different destinations in the State of Andhra Pradesh. A tabular statement indicating the numbers of the appeals in this Court corresponding numbers of the appeals in the Andhra Pradesh High Court and corresponding number of the criminal cases in the trial Court out of which the appeals in the High Court arose given below :_____________________________________________________________ SI. Supreme Court High Court High Court Trial Court No. Appeal No. Appeal No. Appeal No. Appeal No. _____________________________________________________________ 1 Crl. Appeal A-9 DAO Crl. Appeal CC No. 8/73 No. 308/89 A- ...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1995(3)Crimes244(SC); JT1995(5)SC260; 1995(4)SCALE409; 1995Supp(3)SCC289; [1995]Supp2SCR59
G.N. Ray, J.1. These twenty eight criminal appeals are directed against a common judgment dated May 15, 1985 passed by the High Court of Punjab and Haryana in Criminal Appeal Nos.l53-SB to 156-SB, 161-SB. 174-SB to 178-SB, 185- SB to 189-SB, 193-SB to 196-SB, 199-SB to 202-SB and 205-SB to 207-SB of 1983 and two Criminal Revisions Nos. 773 and 774 of 1983 since treated as appeals by the Punjab and Haryana High Court. All the said appeals arose out of the judgment passed by the learned Additional Sessions Judge exercising the powers of Special Judge, convicting and sentencing the appellants. As the facts and circumstances were similar in all the said 28 appeals, they were disposed of by the High Court of Punjab and Haryana by a common judgment. Before this Court also all the above 28 appeals have been heard analogously and they are being disposed of by a common judgment.2. The prosecution case in short is that the Government of India initiated a crash scheme of rural employment to give ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC668; [1995(71)FLR444]; JT1995(5)SC568; 1996LabIC598; (1996)ILLJ451SC; 1995(4)SCALE464; (1995)4SCC644; [1995]Supp2SCR51; 1995(3)SLJ193(SC); 1995(2)LC655(SC)
ORDER1. The petitioner was admittedly appointed in the quote of Scheduled Castes in the Income-tax Department and ultimately he rose to the status as Income Tax Inspector. Three years prior to retirement, he was called upon to prove that he is scheduled caste and departmental enquiry was held. He was given opportunity and it was found, relying upon the entries in service book, S.S.L.C. Register and other documentary evidence, that he is not a member of the scheduled caste and as such he is not eligible to enjoy the status as a scheduled caste in the Government service. On that premise, they imposed, under Rule 14 of CCS (CCA Rules), punishment of forfeiting his pension. Calling in question that order dated December 9, 1987, the petitioner filed an O.A. in the Tribunal. The Tribunal, after elaborately considering the evidence on record, confirmed the finding of the disciplinary authority that the petitioner had wrongfully gained appointment against the post reserved for Scheduled Casts,...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC2121; 1996(1)ALT(Cri)113; 1995CriLJ3656; 1995(3)Crimes263(SC); JT1995(6)SC88; 1995(4)SCALE389; (1995)5SCC320; 1995(2)LC373(SC)
ORDERK.J. Reddy J.1. The sole appellant at the relevant time was employed as a Sub-Inspector of Police and was functioning as Officer-in-charge at Pulgaon Police Station at Durg. He was tried for offences punishable under Sections 5(1)(d) read with 5(2) of the Prevention of Corruption Act ('Act for short) and also under Section 161 I.P.C. for obtaining illegal gratification of Rs. 500/- from one Anandram, P.W. 1. The trial court acquitted him of the charge under Sections 5(1)(d) read with 5(2) of the Act but convicted him under Section 161 I.P.C. and sentenced him to undergo one year's R.I. with a fine of Rs. 1,000- and in default of payment of fine to further undergo three months' R.I. The appeal filed by the accused was dismissed by the High Court. Hence the present appeal.2. The prosecution case is that P.W. 1, the complainant went to the Pulgaon Police Station on 12.11.1979 alongwith one Tejram, the Village Kotwar to lodge a report about disappearance of his wife. P.W. 1 narrated h...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC2417; 1996(1)BLJR28; JT1995(5)SC284; 1995(4)SCALE455; (1995)4SCC758; [1995]Supp2SCR34
ORDERG.N. Ray, J. 1. This appeal is directed against the judgment dated September 15, 1992 passed by the High Court of Punjab and Haryana in Election Petition No. 15 of 1991. The aforesaid Election Petition was preferred by the appellant Shri Ajit Singh under Section 81 of the Representation of People Act, 1951 (hereinafter referred to as Representation Act) inter alia praying that the election of the returned candidate Shri Bansi Singh, respondent No. 1, should be declared void and the petitioner having secured the next highest score should be declared as returned from Ateli Constituency No. 89 in the State of Haryana in the Vidhan Sabha Election held in 1991. For the election of the Haryana Vidhan Sabha for the year 1991, the following schedule was set up by the Election Commission:-(1) Last date for filing nomination papers 26.4.91 (2) Scrutiny of papers 27.4.91 (3) Withdrawal of nomination papers 29.4.91 (4) Date of polling 20.5.91 (5) Date of counting of votes 26.5.912. On account...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC116; JT1995(5)SC553; (1995)2MLJ118(SC); 1995(4)SCALE465; (1995)5SCC115; [1995]Supp2SCR53
ORDER1. Petitioners are the legal representatives of N.P. Thirugnanam, the plaintiff who had entered into an agreement of sale with the first respondent for himself and on behalf of his mother, brothers and sisters as General Power of Attorney holder to alienate the house property in Madras city for a total consideration of Rs. 2,30,000 and paid a sum of Rs. 10,000 as advance. Till date of execution of the sale-deed, he came into possession as a tenant agreeing to pay a sum of Rs. 1,650 per month as rent. He laid the suit for specific performance with the averments that the respondents have evaded to execute the sale deed. The respondents pleaded that they were ready and willing to perform their part of the contract and the plaintiffs did not even pay Rs. 20,000 further advance as contracted by December, 1979 to discharge the mortgage debt due to the Madras Corporation. The amount of Rs. 20,000 was adjusted towards the rent payable with consent. On adduction of evidence and considerati...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC2124; 1995CriLJ3659; 1995(3)Crimes236(SC); JT1995(7)SC516; 1995(4)SCALE353
This appeal by the State of Karnataka is filed against the judgment of the High Court setting aside the judgment of the trial court and acquitting the respondent, the sole accused in the case, of the offence under Section 302 I.P.C.The accused and the deceased Krishnamurthy were working as Security Guards in Hindustan Aeronautics Limited, Bangalore (`H.A.L.' for short). On 26.3.1981 the accused was on duty for second shift at Trolly gate and he was required to do duty at two points i.e. Trolly Gate and Ammunititon Store and accordingly at about 11.45 P.M. he was on duty at Ammunition Store. Prior to him P.W.19 Nataraj, a Security Guard, was doing his duty at Ammunition Store and he was relieved by the accused. P.W.19 was having M.O.14, the musket and also five live cartridges with him while on duty and on being relieved he gave them to the accused who was doing his duty there. The deceased Krishnamurthy left his house at about 10 P.M. to go to his duty and came to H.A.L. P.W.12 Manieky...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC2152; JT1995(5)SC269; 1995(4)SCALE417; (1995)2SCC1; [1995]Supp2SCR28
ORDERG.N. RAY, J. 1. This appeal is directed against the judgment dated February 3, 1994 passed by Patna High Court (Ranchi Bench) in Election Petition No. 3 of 1990. The appellant challenged the result of the election of 285 Nirsa Assembly Constituency in the State of Bihar held in February 1990 by presenting an election petition before the High Court under the Representation of People Act 1951 (hereinafter referred to as the Representation Act). The appellant Sri Kripa Shankar Chatterjee was a candidate for the said election from Nirsa Constituency. He, however, lost to the returned candidate namely respondent No. 1 Gurudas Chatterjee by a margin of 1450 votes. There were 22 other candidates contesting for the said Nirsa Constituency.2. It may be stated here that during the pendency of the Election Petition before the Ranchi Bench, the election petitioner moved an application in the High Court for inspection of ballet papers but such application being dismissed the petitioner moved a...
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