Court : Supreme Court of India
Reported in : AIR1998SC542; JT1997(9)SC274; 1997(7)SCALE146; (1998)1SCC563; 1998(1)LC192(SC)
Sen, J.1. Section 3 of the Essential Commodities Act, 1955 confers upon the Central Government power, inter alia, to regulate production, supply and distribution of essential commodities for securing their equitable distribution and availability at fair prices. The power given to the Central Government by Sub-section (1) of Section 3 is in very broad terms. Subsection (2) specifically provides that an order can be made by the Central Government, inter alia, 'for controlling the price at which any essential commodity may be bought or sold'. Clause (f) of Sub-section (2) of Section 3 has also empowered the Central Government to require any person holding in stock, or engaged in the production, or in business of buying or selling, of any essential commodity, to sell the whole or a specified part of the quantity held in stock or produced or received by him to the Central Government or a State Government or to an officer or agent of such Government or to a Corporation owned or controlled by...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC815; (1998)2GLR1304; JT1997(9)SC419; 1998(1)MPLJ1; (1998)119PLR611; 1997(7)SCALE248; (1998)1SCC285; [1997]Supp5SCR401
J.S. Verma, C.J.1. The only question which arises for consideration in this appeal is whether the appellant, who belongs to a backward class but had been elected to the Jambusar Municipality from an unreserved seat, could stand for election for the post of President of the Municipality which was reserved for a backward class candidate or whether the candidate for that post could only be a person who was elected to the municipality from a seat which was reserved for the backward class.2. With a view to provide for setting up of democratic institutions at the grass root level, by virtue of 73rd Amendment to the Constitution, Part-IXA providing for establishment of the municipalities was incorporated in the Constitution. Article 243Q, inter alia, provides for the setting up of municipalities in urban areas and Article 243T requires all seats in the municipalities to be filled by persons chosen by direct election. For this purpose each municipal area is to be divided into territorial const...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC482; 1998(2)ALLMR(SC)727; JT1997(9)SC638; 1997(7)SCALE373; (1998)1SCC497; [1997]Supp5SCR459
1. This appeal calls in question the judgment and order of the High Court of Gujarat dated 8th November, 1990 and arises in the following circumstances:-The appellant is a cooperative society registered under the Gujarat Cooperative Societies Act, 1961. The respondent a Corporation Constituted under the Bombay Provincial Municipal Corporations Act, 1949 (hereinafter referred to as 'the Act') served the appellant with a show cause notice of assessment in respect of the building constructed by the appellant on Survey Nos.95 and 96, Paiki of Ward No. 14, Umarwada on the land taken on lease by it from Surat Municipal Corporation. The appellant has constructed a textile market at the said site. The appellant filed objections to the said notice of assessment. After hearing objections, the assessment proceedings were finalised and the appellant was informed. The respondent while finalising the assessment proceedings added an amount of Rs. 5,508/-, being 50% of the income derived by the appell...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC548; 86(1998)CLT503(SC); JT1997(9)SC307; 1997(7)SCALE202; (1998)2SCC162; [1997]Supp5SCR440
D.P. Wadhwa, J.1. These two cross appeals arise out of the judgment dated June 19, 1989 of the Central Administrative Tribunal, Cuttack Bench (for short, 'the Tribunal') on a writ application filed by Suryanarayan Sahu (appellant in Civil Appeal No. 507 of 1993). At the relevant time Sahu was working as a Senior Draughtsman in the Regional Research Laboratory Bhubaneshwar, a unit of the Council of Scientific and Industrial Research (CSIR). While Sahu is aggrieved by the impugned judgment in not granting him pay scale of Rs. 425-700 from 1.1.1973 as Junior Draughtsman and as Senior Draughtsman in the pay scale of Rs. 550-900 from 29.4.1974 Union of India is aggrieved as the Tribunal in the impugned judgment directed that. Sahu be given pay scale of Rs. 425-700 w.e.f. 29.4.1974.2. Genesis of the dispute lies in the Third Pay Commission's Report which the Central Government decided to implement from 1.1.1973 and rules applicable to the employees working in the CSIR.3. CSIR is a society re...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC2903; 1998(1)ALD(Cri)257; 1998(46)BLJR7427a; JT1997(9)SC636; 1997(7)SCALE348; (1998)9SCC16
Nanavati, J.1. Criminal Miscellaneous Petition No. 6233 of 1983 and Criminal MP No. ... (application for discharging the advocate from the matter) are dismissed.2. The appellants in Criminal Appeal No. 78 of 1989 are challenging their conviction and the order of sentence passed by the First Additional Sessions Judge, East Champaran, Motihari in ST No. 138/69 of 1978/81 and confirmed by the High Court. Writ Petition No. 543 of 1992 is filed by accused Ramayan Singh whose SLP was earlier dismissed by this Court.3. The appellants have been convicted on the basis of the evidence of 2 eyewitnesses PW Amila Devi and PW 3 Bhagwani Devi. Both these witnesses have been believed by the trial court and also by the High Court. No good reason is advanced by the learned counsel for the appellant for taking a different view as regards the credibility of these 2 witnesses. We do not find any infirmity in their evidence. Merely because they happened to be sister and mother respectively of the deceased ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC2213; JT1997(9)SC283; (1998)1SCC44; [1997]Supp5SCR383; [1998]108STC157(SC)
Suhas C. Sen, J.1. Leave granted.2. The appellant, Shree Bhagwati Roller Flour Mills, carries on business of purchase of wheat and manufacturing and selling Atta, Maida and Suji therefrom. Section 4 of the U.P, Sales Tax Act has empowered the State Government to grant exemption to any dealer from payment of sales tax and purchase tax, if the Government is of the opinion that it is necessary to do so for the purpose of increasing production of goods or for permitting development of industries in the State generally or in any particular district or in any part of a district. The case of the appellant is that it is a new unit recognised by the Government and it has been given an eligibility certificate for a period for six years from 10.8.1983 to 9.8.1989. The appellant has also been given a recognition certificate under Section 4B of the Act.3. The appellant purchased wheat from the market for manufacturing Atta, Maida and Suji which were notified commodities. The appellant's case is tha...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC537; JT1997(9)SC413; (1998)118PLR755; 1997(7)SCALE279; (1998)1SCC454; [1997]Supp5SCR453
S.P. Bharucha, J.1. On 30th November/3rd December, 1990, when the State of Punjab (the appellant) was under President's Rule, an order was issued under the provisions of Section 71(1) of the Punjab Municipal Act, 1911, by the President of India exempting kapas (raw cotton), narma and oil seeds from the payment of octroi with immediate effect. On the same day, in exercise of powers conferred by Section 62A of the said Act, the President was 'pleased to direct all the Municipal Committees in the State of Punjab to impose Urban Development Cess on the sales/purchase of kapas (raw cotton), Narma and oil seeds made within the respective Municipal Areas at the rate of 0.25 per cent ad valorem with immediate effect'. Pursuant there to, a Memo was issued on 5th December, 1990 by the appellant to Municipal Corporations, Municipal Committees and Notified Area Committees. It noted that the appellant had issued the notification for imposition of the Cess on sales and purchases of kapas, narma and ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC2930; 1998(1)ALD(Cri)258; 1998(1)ALT(Cri)195; 1998(1)Crimes87(SC); JT1997(9)SC645
Nanavati, J.1. In these two appeals the State is challenging the acquittal of Chandrawati who was convicted by the trial court for the offence punishable under Section 302 read with Section 34 IPC and Section 307 IPC but acquitted by the High court.2. The trial court had convicted her on the basis of evidence of two eye witnesses P.W. 2, Ram Lalit, aged about 11 years and P.W. 3, Jagdei, aged about 7 years. The High Court on reappreciation of their evidence found that the witnesses had made an improvement in their evidence over their initial version before the police as regards the manner in which P.W. 3 Jagdei received the injury which was alleged to have been caused by Chandrawati. In view of this infirmity in their evidence and also because Chandrawati had taken no part in beating deceased Ranjana the High Court held that it was not proved beyond reasonable doubt by the prosecution that Chandrawati entertained a common intention with her husband to kill Ranjana. She was convicted un...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC4325; JT1997(9)SC316; (1998)1SCC318; [1997]Supp5SCR345
S.B. Majmudar, J.1. Leave granted in the S.L.Ps.2. As common questions of law and fact arise in this groups of appeals they were heard together and are being disposed of by this common judgment. The State of Tamil Nadu and the Tamil Nadu State Housing Board (hereinafter referred to as 'the Housing Board') as appellants in these appeals have raised a contention for our consideration as to whether the Payment of Bonus Act, 1965 (hereinafter referred to as 'the Act') will be applicable to the employees of the Housing Board during the relevant accounting years from 1978-79 onwards. It is contended on behalf of the appellants that the employees of the Board will not be entitled to the statutory bonus under the Act on twin grounds. Firstly, in view of the statutory exclusion of the Housing Board from the applicability of the Act as per Section 32(v)(c) of the Act: and secondly, on the ground that the State of Tamil Nadu for the relevant years had exercised its power of exempting the Housing ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC2919; JT1997(9)SC347; 1998(7)SCALE156; (1998)2SCC213; [1997]Supp5SCR417; 1998(1)LC440(SC); (1997)3UPLBEC2085
S.C. Agrawal, J. 1. Special leave granted.2. This appeal against the judgment of the Delhi High Court dated 10-11-1995 in Civil Appeal No. 4915 of 1995 relates to promotion from the rank of Major General to the rank of Lieutenant General in the Army.3. The personnel in the Army fall in two broad categories, namely, General Cadre consisting of Infantry, Mechanised Infantry and Armoured Corps and Non-General Cadre consisting of Artillery, Engineers, Signals, Army Ordnance Corps, Army Service Corps and Electrical Mechanical Corps. The appointment within the corps or the service is known as 'Corps Appointment' which may be on the command side or staff side within the corps or the service. Apart from Corps Appointments, appointments are also made outside the corps/service on the staff side which are called 'Staff Appointments'. Till 9-9-1986 officers in the Non-General Cadre could be promoted to the rank of Lieutenant General in their respective Corps/Service Appointments only. By circular ...
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