Court : Supreme Court of India
Reported in : 1997(2)ALD(Cri)645; 1998(1)BLJR628; 1998CriLJ390; JT1997(8)SC537; 1997(6)SCALE558; (1997)8SCC720; [1997]Supp4SCR711
A.S. Anand, J.1. For an occurrence which took place at about 11.30 A.M. on 29th September, 1978, in the Bazar in village Barauli, District Gopalganj, 11 accused persons were sent up to face their trial for offences under Sections 302/149/148 IPC. The First Information Report in respect of the occurrence was lodged on 29th September, 1978 at Police Station Barauli on the statement of Paras Nath Choubey (PW-6) brother of the deceased, recorded at the hospital. The learned Additional Sessions Judge vide judgment and order dated 22nd July, 1983 acquitted Mishri Bhagat, but convicted the remaining 10 accused for offences under Sections 302/149/148 IPC. Each of the 10 accused was sentenced to undergo imprisonment for life for an offence under Sections 302/149. No separate sentence was imposed on any one of the accused for an offence under Section 148 IPC. Against their conviction and sentence, all the 10 convicts filed three different set of appeals. The Division Bench of the High Court vide...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC300; 1997(6)ALT27(SC); JT1997(8)SC573; 1997(6)SCALE583; (1998)6SCC340; 1998(1)LC14(SC); (1997)3UPLBEC2137
D.P. Wadhwa, J.1. Leave granted.2. The Union of India is in appeal. It is aggrieved by the judgment dated : (1991)ILLJ29SC passed by the Central Administrative Tribunal, Allahabad Bench (for short 'the Tribunal') setting aside the enquiry report and the order of dismissal passed against the respondent by the disciplinary authority.3. During the relevant period, the respondent was working as a Cashier in the Office of the Controller of Defence Accounts (Pensions). Disciplinary proceedings were initiated against him on five charges which were as under:'ARTICLES OF CHARGES Article of Charge I Shri B.K. Srivaslava, SGA A/c No. 8262958 while serving as Cashier in the Office of the CDA (Pensions), Allahabad during the period 23-8-1981 to 19-4-1984 misappropriated Rs 63,790.36 (Rupees sixty-three thousand seven hundred ninety and paise thirty-six only) from public fund account which was found short with him at the time of surprise check carried out on 19-4-1984. Thus he did not maintain abs...
Tag this Judgment!Court : Supreme Court of India
Reported in : [2000(84)FLR679]; JT1997(8)SC578; (1999)1SCC368; 1997(2)LC812(SC)
1. In this petition under Article 32 of the Constitution the five petitioners have prayed for the following reliefs:(a) issue declaration that the formation of Accounts Cadre in the Food Corporation of India made in the year 1977 is illegal, void;(b) issue a writ of certiorari quashing the Circular No. 3 of 1984 dated 17.1.84, Office Order No. 57 of 1987 dated 26.3.1987, No. 80 of 1987, dated 22.4.1987 and No. 87 of 1987 dated 29.12.1987 issued by the Food Corporation of India/Respondent No. 1;(c) direct the Food Corporation of India by issuing an appropriate writ in the nature of mandamus that all the optees in pursuant of Notification dated 5.2.1977 and 17.11.1977 and Notification No. 3 of 1984 dated 17.1.1984 be placed in their respective cadres and may declare that all the optees aforesaid shall remain placed in their respective cadres where before 1977;(d) issue a writ in the nature of prohibition prohibiting the respondents from making any further promotion in the Accounts Cadre;...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1998(9)SC48; (1998)9SCC629
ORDER1. Special leave granted.2. The Laxmi Cooperative Housing Society Ltd. (hereinafter referred to as 'the Cooperative Society') is a cooperative society registered under the Maharashtra Cooperative Societies Act, 1960 (hereinafter referred to as 'the Act'). Champaklal Harakchand Kothari was a member of the Cooperative Society. By resolution dated 14-1-1979 the Cooperative Society expelled him from the membership. An application was moved by the Cooperative Society before the Assistant Registrar, Cooperative Societies (hereinafter referred to as 'the Assistant Registrar') under Section 35 of the Act seeking approval to the said resolution. The Assistant Registrar, by his order dated 3-10-1983, refused to grant the approval. The Cooperative Society filed an appeal against the said order of the Assistant Registrar before the Joint Registrar, Cooperative Societies (hereinafter referred to as 'the Joint Registrar'). During the pendency of the said appeal, Champaklal Harakchand Kothari di...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1998)8SCC521
ORDER1. Leave granted. 2. For exposing for sale adulterated red chilli (lal mirch) powder the respondent was convicted under Section 16(1)(a) of the Prevention of Food Adulteration Act, 1954 and sentenced to suffer rigorous imprisonment for one year and to pay a fine of Rs 1000 by a Magistrate. As the appeal preferred by him was dismissed by an Additional Sessions Judge, the respondent filed a revision petition in the High Court. While upholding the conviction, the High Court reduced the substantive sentence imposed upon the respondent to the period already undergone while maintaining the sentence of fine and imprisonment in default of payment thereof. The above order of the High Court is under challenge at the instance of the State of Haryana on the ground of sentence. 3. Having regard to the fact that the report of the Public Analyst, which was accepted by all the three courts below, that the sample of chilli powder was found to be unfit for human consumption, the High Court erred in...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998(1)BLJR22; JT1997(8)SC598; RLW1998(1)SC29; 1997(6)SCALE600; (1998)9SCC209; 1998(1)LC9(SC)
ORDER1. These special leave petitions are directed against an interim order passed by a Division Bench of the Madras High Court on 18-3-1997. Earlier, an order was passed on 2-7-1996 in which after an elaborate examination of facts and law, certain interim directions were given by the learned Single Judge. 2. On an application moved by the Union of India, some of the observations in that judgment of the Single Judge in OAs Nos. 77 and 78 of 1996 in CS No. 67 of 1996 and OAs Nos. 86 and 87 of 1996 in CS No. 73 of 1996 were expunged by the Appeal Court on 18-3-1997. 3. The Madras Refineries Limited (MRL) preferred an appeal against the order the Single Judge. The Appeal Court discussed the facts in great depth and thought it fit to order a thorough investigation and a detailed probe into transferring of certain lands in favour of a company which was promoted by Southern Petrochemical Industries Corporation Limited (SCL). After examination of the facts of the case at great length, the App...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1997(2)BLJR1081; JT1997(8)SC550; 1997(6)SCALE572; (1997)11SCC691; [1997]Supp4SCR724
Sujata V. Manohar, J.1. The State of Bihar is petitioner No. 1 before us. Under the Bihar Excise Act, 1915, Section 22 provides that the State Government may grant to any person, on such conditions and for such period as it may think fit the exclusive privilege, inter alia, of manufacturing and supplying wholesale any country liquor within any specified local area. Under Sub-section (2) no grantee of any privilege under Sub-section (1) shall exercise the same unless and until he has received a licence in that behalf from the Collector or the Excise Commissioner. Under Section 29 instead of or in addition to any duty leviable under this Act, the State Government may accept payment of a sum of consideration for the grant of any exclusive privilege under Section 22. Section 43 which deals with the power to withdraw licences provides in Sub-section (5) as follows:43(5) : For the purpose of calculating the amount due to the State Government... the amount of fee payable on account of the lic...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2001)10SCC522
S.C. Agrawal and; G.T. Nanavati, JJ.1. Special leave granted.2. The respondent has not appeared in spite of being duly served with the notice that the matter will be finally disposed of at the notice stage.3. The respondent had been sanctioned a term loan of Rs 3.39 lakhs by the Orissa State Financial Corporation, Appellant 1 herein (hereinafter referred to as “the Financial Corporation”) for the purchase of a truck. The said loan was to be repaid in 56 monthly instalments starting from 7-9-1993 till 7-4-1998. It appears that the respondent committed default in repayment of the dues and a demand notice was issued by the Financial Corporation on 6-8-1996. The respondent did not respond to the said notice and thereupon a show-cause notice dated 29-11-1996 was issued requiring the respondent to settle the defaulted dues. Since the respondent failed to make any efforts in the matter of payment of the dues, a notice for recalling the loan was issued by the Financial Corporation ...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1998(8)SC459; 1998(1)SCALE250; (1998)9SCC555
ORDER1. Leave granted. 2. This is an appeal against the judgment and order of the High Court of Karnataka at Bangalore passed in Miscellaneous First Appeal No. 478 of 1992. 3. An agreement was entered into between the appellant and the respondent towards delivering, taking, using etc. of oxygen on certain terms and conditions. Clause 7 of the agreement is the 'Force Majeure'. This clause provides that to the extent and during the period either of the parties is prevented from delivering or taking oxygen or using it in accordance with the agreement due to the operation of one or more of the force majeure events such as but not limited to Acts of God, war, revolution, floods, drought, earthquakes, strikes, lockouts, conflagration, epidemics riots, civil commotions, etc., they shall be relieved of their respective obligations of delivering or taking and paying for such oxygen. The claim of the respondent was that during a certain period, it was unable to take oxygen as per the agreement b...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC296; 1998CriLJ502; JT1997(8)SC599; 1997(6)SCALE579; (1998)1SCC173
S.P. Kurdukar, J.1. This criminal appeal by special leave is filed by the appellant (accused) challenging the judgment and order of his conviction and sentence passed by the Special Judge, CBI, Patna, and on appeal confirmed by the High Court of Patna for offences punishable under Section 120B read with Section 420 IPC read with Section 5(1)(d) of the Prevention of Corruption Act; Sections 420/511, 468, 477A IPC; Section 5(3-A)/5(1)(d) of the Prevention of Corruption Act punishable under Section 3(2) of the said Act and under Section 104 of the Insurance Act. The appellant was sentenced for various terms of RI on all these counts and the maximum sentence was two years. All sentences were ordered to run concurrently. The offences in question were alleged to have been committed by the appellant in 1974.2. The appellant at the relevant time was working as Development Officer in the Life Insurance Corporation of India (for short 'LIC'), Dip Narain Singh who was co-accused was also working ...
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