Court : Supreme Court of India
Reported in : (2001)9SCC261
Order The appellant was appointed as temporary Lower Division Auditor (Junior Auditor) on 1-12-1961. He was regularised in the said post w.e.f. 22-10-1969. He was promoted as temporary Upper Division Auditor (Senior Auditor) on 11-5-1970 and was regularised in the said post on 1-7-1972. He was further promoted to the post of District Inspector of Local Funds (Accounts) on 23-8-1971. He continued to work in the said post for more than ten years and finally by the order dated 8-1-1981 was reverted to the post of Senior Auditor. The appellant challenged the order of reversion before the Andhra Pradesh Administrative Tribunal. The Tribunal dismissed the application. We have heard learned counsel for the parties. Learned counsel for the respondent State of A.P. contends that the appellant was holding the post of District Inspector of Local Funds (Accounts) on a temporary basis and as such he had no right to hold the post. In the counter-affidavit filed before this Court it is stated t...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IVAD(SC)407; AIR1996SC2058; JT1996(5)SC240; 1996(4)SCALE169; (1996)9SCC65; [1996]Supp1SCR503; 1996(2)LC213(SC)
1. The appeal arises from the judgment of the High Court of Allahabad dated September 14, 1984 in which, upon a writ petition, it set aside the order of the First Additional District Judge, Nainital in a Ceiling Appeal.2. The third respondent was the tenure-holder of agricultural land situated in Village Gumsani and Village Bichpuri. She transferred 64 bighas of the land in Village Gumsani to appellant Nos. 1 to 3 by a registered sale deed dated 10th May, 1974. On the same date, she transferred 64 bighas of the land in Village Bichpuri to the fourth appellant. In response to a notice under Section 10(2) of the U.P. Imposition of Ceiling on Land Holdings Act, 1960, (hereinafter referred to as the 'Act') the third respondent filed objections. The appellants sought to be made parties thereto and were impleaded. The prescribed authority did not accept as valid the transfers made by the third respondent in favour of the appellants, as aforesaid, and appeals were filed from his order. It is ...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IVAD(SC)259; 1996(84)ELT3(SC); JT1996(5)SC670; 1996(4)SCALE6; (1996)8SCC347; [1996]Supp1SCR486
ORDER1. Heard the counsel for the parties.2. Leave granted.3. This appeal is preferred against an interlocutory order dated 30th May, 1994 made by the Delhi High Court in Civil Writ Petition No. 2112 of 1994. By means of the impugned order the High Court has stayed the operation of Clause (iii) of para 2 of the Circular dated 19.4.94.4. Tata Iron and Steel Company Limited was granted an advance duty free licence on the basis of its application. The grant was made on 28.4.93. Tata Iron and Steel Company complied with all the conditions attached to the said licence and thereafter applied for endorsement of transferability. On 6.9.93 the Director General of Foreign Trade made the endorsement of transferability. On 17.12.93 Tata Iron & Steel Company transferred the licence in favour of M/s. Ferro Alloys Limited. M/s. Ferro Alloys Limited in turn transferred it to M/s. Mohan Ferro Alloys Private Limited, from whom the respondent herein (Shree Ganesh Steel Rolling Mills Limited) purchased it...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IIIAD(SC)728; [1996(74)FLR2131]; JT1996(6)SC26; 1996(3)SCALE716; (1996)8SCC448; [1996]Supp1SCR490; 1996(2)SLJ50(SC); (1996)4UPLBEC2944
S. Saghir Ahmad, J. 1. Guru Nanak College at Gurdaspur was a private institution affiliated to Guru Nanak Dev University. Respondent was appointed as Principal of the college by a resolution of the Managing Committee adopted on 27th of May, 1975. His appointment was approved by the Vice Chancellor on 30th of June, 1975 and thereafter he was confirmed on that post with effect from 3lst of May, 1976.2. Guru Nanak College, as also three other colleges were proposed to be taken over by the Government under its Memo dated 30th of September, 1982 on the condition that only those staff members who possessed the requisite qualifications would alone be absorbed and that too as 'new entrants' while the Principal of the college would be brought in as senior-most lecturer and not as Principal. This Memorandum was considered by the Managing Committee of the college in its meeting held on 18th of May, 1983 and was approved, Consequently, a gift deed dated 11th of July, 1983 was executed between the ...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2001)10SCC458; [1996]102STC541(SC)
B.P. Jeevan Reddy and; S. Saghir Ahmad, JJ.1. Civil Appeals Nos. 2744-48 of 1979 are preferred by the State of Andhra Pradesh against the judgment of the High Court allowing the tax revision cases filed by the assessee. Civil Appeal No. 2749 of 1979 is preferred by the assessee against the very same judgment insofar as it goes against him. The matters arise under the Andhra Pradesh General Sales Tax Act. The assessment years concerned are 1967-68 to 1973-74. The only question is whether the levy of penalty under Section 14(3) of the Act is sustainable in the facts of this case or not. The relevant facts are the following:The assessee was dealing in paddy and chemical fertilisers. He had not registered himself as a dealer nor had he filed returns in time. An inspection was carried out in his premises on 9-12-1973 and certain material recovered. It is only after the inspection that the respondent filed the returns. An assessment order was made on 22-3-1974 in respect of all the assessmen...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IVAD(SC)137; AIR1996SC1864; JT1996(4)SC379; 1996(3)SCALE640; (1996)5SCC125; [1996]Supp1SCR442
ORDERK. Ramaswamy, JJ.1. These two writ petitions raise common question of law: whether female tribal is entitled to parity with male tribal in intestate succession? The first petitioner is an Editor of a Magazine 'Manushi' espousing the causes to ameliorate the social and economic backwardness of Indian woman and to secure them equal rights. Petitioner Nos. 2 Smt. Sonamuni and 3 Smt. Muki Dui are respectively widow and married daughter of Muki Banguma, Ho tribe of Longo village, Sonua Block, Singhbhum District in Bihar State. The petitioner in Writ Petition No. 219/86, Juliana Lakra is an Oraon Christian Tribal woman from Chhota Nagpur area. They seek declaration that Sections 7, 8, and 76 of the Chhota Nagpur Tenancy Act, 6 of 1908, (for short, the 'Act') are ultra vires Articles 14 15 and 21 of the Constitution of India. They contend that the customary law operating in the Bihar State and other parts of the country excluding tribal women from inheritance of land or property belongin...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IVAD(SC)439; (1996)IILLJ435SC; 1996(3)SCALE806; (1996)9SCC644; [1996]Supp1SCR410; 1996(2)SLJ58(SC)
ORDER1. These appeals arise from the order of the Division Bench of the Andhra Pradesh High Court dated February 7, 1985 made in C.M.A. Nos. 868 and 297/81. The admitted facts are that the appellants had engaged homilies for loading and unloading of the goods undertaken by them for carriage as carriers. The respondent has applied the Employees' State Insurance Act, 1948 (Act No. 34 of 1948) (for short, the 'Act') to the appellant's establishment and called upon them to pay their contribution for the periods mentioned in the notice served on them with interest at 1% thereon. The appellants have disputed the liability and made an application for determination under Section 76 of the Act. The Insurance Court had held that the homilies arc employees within the meaning of Section 2(9) of the Act. Though the appellants collect the charges from the customers and pay the amount to the homilies at the piece rate for the work they do, they have got supervision of loading and unloading by the hom...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IVAD(SC)243; AIR1996SC1826; (1996)98BOMLR848; JT1996(4)SC300; 1996(0)MPLJ1014; 1997(II)OLR(SC)569; (1996)113PLR376; 1996(3)SCALE625; (1996)3SCC644; [1996]Supp1SCR414
ORDERK. Ramaswamy, J.1. One Narasoji Rao, died intestate leaving behind him the appellant, the only son and the respondents, three daughters, after action at the latter's behest for partition was laid. The courts below granted preliminary decree for partition in equal shares of the Schedule A properties which include 'the dwelling house of Narasoji Rao'. The appellant canvassed its illegality and impartibility of the dwelling house, by operation of Section 23 of the Hindu succession Act, 1956, (for short, the 'Act') which was met with dismissal in limine by the High Court in S.A. No. 1045/91 dated February 21, 1992. Thus this appeal by special leave. The decree for partition of dwelling house has its support from the ratio of Kariyavva v. Hanumantappa Mallurappa, (1984) Kar. L.J. 273.2. The only question argued before us is : whether the dwelling house is partible, when Narasoji Rao died leaving behind his only son and three daughters? That the house is a dwelling house is not in dispu...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IVAD(SC)197; AIR1996SC3344; 1996(2)ALD(Cri)235; 1996(2)ALT(Cri)373; 1996CriLJ3197; 1996(2)Crimes187(SC); JT1996(5)SC205; 1996(4)SCALE161; (1996)8SCC678; [1996]Supp1SCR4
1. This appeal by special leave arises from the judgment of the Division Bench of the Punjab & Haryana High Court made in Criminal Appeal No. 424 of 1985 on September 3, 1986. The case of the prosecution is that on September 21, 1984 at about 4.30 p.m. Smt. Chandro, a witness of the prosecution, had a quarrel with one Smt. Sunita who had drawn water stealthily from the well dug by the prosecution party. Pursuant to that, when Rajpal-deceased was proceeding by the side of the house of the accused at 5.45 p.m., there ensued a quarrel between Subhash and Rajpal, now deceased, and others. In the quarrel the intervener had separated them. While deceased was proceeding towards his house at 6 p.m., it is the case of the prosecution that all the accused, who were standing near the house of Medu, one of the accused, had attacked the deceased and when other parties had come to intervene, they were also beaten up. The deceased almost died instantaneously; after he was taken to the hospital he was...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IVAD(SC)417; JT1996(4)SC444; (1996)2MLJ78(SC); 1996(3)SCALE690; (1996)8SCC372; 1996(2)LC135(SC)
Faizan Uddin, J.1. Leave granted. 2. This appeal under Article 136 of the Constitution of India has been directed against the order dated November 24, 1992 passed by the High Court of Rajasthan, Jaipur Bench, dismissing the appellant's Civil Revision Petition No. 720 of 1990, arising out of an order dated August 24, 1990 passed by the Executing Court (Additional Munsif and Judicial Magistrate No. 2), Jaipur City, Jaipur, in Execution Case No. 24 of 1981.3. The shop in question belonging to the appellant was let out to one Hafiz Abdul Samad. The appellant obtained a decree for possession of the shop in question on July 12, 1971, against Hafiz Abdul Bamad, the predecessor-in-interest of respondent No. 1 herein. The appellant filed Execution of the said decree for possession which was dismissed in default on August 4, 1978. Consequently, the appellant moved another application on May 6, 1981 for execution of the decree with an application for police aid. The Executing Court by its order d...
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