Court : Supreme Court of India
Reported in : 1998IIIAD(SC)195; AIR1998SC2212; 1998(2)ALD(Cri)106; 1998(1)ALT(Cri)348; 1998(2)BLJR1283; 1998(2)Crimes59(SC); JT1998(3)SC41; 1998(2)SCALE556; (1998)4SCC260; [1998]2SCR617;
1. Pursuant to an order dated April 26, 1997 made by the District Magistrate, Mathura (hereinafter referred to 'the obtaining authority') in exercise of his powers under Section 3(3) of the National Security Act, 1980 ('Act' for short), Suresh Chander Sharma, a resident of Alwar Kunj in the city of Vrindavan, has been detained since May 5, 1997 with a view to prevent him from acting in any manner prejudicial to the maintenance of public order. Against his detention he made a representation to the State Government on May 14, 1997 which was rejected on May 23, 1997. A copy of the said representation, along with para-wise comments, was forwarded by the State Government on May 21, 1997 to the Home Secretary, Government of India, New Delhi for consideration. The Central Government also rejected the representation of the detenu on August 6, 1997. Thereafter, on August 22, 1997 the detenu made a representation to the Home Secretary, Government of India, through the Superintendent of Mathura J...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998(101)ELT4(SC); (1998)6SCC180
ORDER1. In this appeal the only question that falls for consideration is whether decorative laminated sheets are classifiable under sub-heading 4823.90 of the Central Excise Tariff, 1985-86 as held by the Central Excise and Gold (Control) Appellate Tribunal in its judgment dated 21-4-1994. This matter has been considered by this Court in CCE v. Wood Polymers Ltd., : 1998(97)ELT193(SC) wherein it has been held that decorative laminated sheets are classifiable under subheading 3920.21 till February 1988 and under sub-heading 3920.37, on or after 1-3-1988. For the reasons given in this judgment, the appeal is allowed. The impugned judgment of the Tribunal is set aside. It is held that the decorative laminated sheets manufactured by the respondent are classifiable under sub-heading 3920.21 till February 1988 and sub-heading 3920.37, on or after 1-3-1988. No order as to costs. ...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998(2)ARBLR313(SC); (1999)1CALLT49(SC); JT1998(6)SC406; (1998)5SCC724
ORDERS.B. Majmudar, J. 1. I have heard learned counsel for the parties. Learned counsel for the contesting parties stated before me that the present case is a case of international commercial arbitration. That was the view taken by Justice Punchhi (as the Hon. Chief Justice then was) and he had also taken the view on interpretation of Section 11(9) of the Arbitration and Conciliation Act, 1996 that the word 'may' employed thereunder has the meaning of 'shall'. Though there is no written order of Justice Punchhi, I was informed that orally it was so observed. From the point of view of propriety I take this to be the decision on the point in this particular case and will proceed accordingly. It was also agreed between learned counsel for the parties that if this view is taken as the present dispute concerns international commercial arbitration an arbitrator will have to be appointed whose nationality is other than the nationality of either parties, namely, neither Indian nor American as ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC1661; JT1998(2)SC693; 1998(2)SCALE570; (1998)4SCC92; 1998(1)LC615(SC)
ORDERJudgment pronounced by Wadhwa, J.1. These are two cross appeals, both against two separate judgments of Punjab and Haryana High Court arising out of a judgment of the Additional District Judge, Gurdaspur passed in appeal filed by the State of Punjab and also by Gurdas Singh. The judgment of the High Court in the appeal of the State of Punjab is dated January 25, 1991 and that in the appeal of Gurdas Singh, it is dated March 3, 1991. Both the appeals were dismissed by the High Court in limine.2. Gurdas Singh, respondent in Civil Appeal No. 2978 of 1991 was recruited as Constable in 1961 in the Punjab Police. In 1976 he was promoted as Asstt. Sub- Inspector and in 1984 as Sub-Inspector. By order dated September 3, 1987 of the Senior Superintendent of Police, passed in pursuance to Rule 3(1)(b) of the Punjab Civil Services (Premature Retirement) Rules, 1975 he was prematurely retired from the service. At that time he was holding substantive rank of Sub-Inspector of Police and had com...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC1631; 1998(60)ECC471; 1998(99)ELT202(SC); JT1998(2)SC747; 1998(2)SCALE576; (1998)3SCC681; [1998]2SCR570
D.P. Wadhwa. J.1. M/s. Calcutta Chromotype Ltd. has filed this appeal against the order dated October 30. 1989 of the Custom, Excise and Gold (Control) Appellate Tribunal, New Delhi, (for short 'Appellate Tribunal'). By this judgment the Appellate Tribunal while upholding the order of the Collector of Appeals observed that though there was an identity of interest between the appellant, manufacturer and M/s. Ganga Saran & Sons Pvt. Ltd., its sole distributor, the Assistant Collector had not considered the break up of the shares of each member of the family of the manufacturer and distributor. The Appellate Tribunal held that the fact that there was identity of interest was the determining factor in holding whether a person is a related person within the meaning of Section 4(4)(c) of the Central Excise and Salt Act, 1944 (for short 'the Act'). Since the Assistant Collector had not considered the break up of the shares of each member of the family comprising the two companies being the ma...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1998(6)SC416a; (1998)5SCC586
ORDER1. During the course of hearing, Mr. Nariman, learned Senior Counsel appearing for the State of Gujarat, referred us to a compilation containing the details at the R&R; sites for the project-affected families of Madhya Pradesh, resettled in Gujarat. After perusing some of the charts relating to different R&R; sites out of the 41 relief and rehabilitation sites, he submitted that it appeared to him that there were still some deficiencies in providing civic amenities at those relief and rehabilitation sites as per the norms prescribed by the NWDT Award. These deficiencies, it was submitted, were found particularly in the matter of providing primary schools, dispensaries, drinking and other water and children parks. Mr. Nariman submitted that he shall identify all such deficiencies in different R&R; sites and file a composite chart in this Court and that the State Government shall take steps to remove those deficiencies so that all civic amenities, as envisaged by the NWDT Award are ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC1782; 1998(3)ARBLR518(SC); JT1998(3)SC9; 1998(2)SCALE562; (1998)4SCC219; [1998]2SCR557
D.P. Wadhwa, J.1. Leave granted.2. The appellant is a society registered under the Societies Registration Act and is engaged in the research of agriculture, animal husbandry, fishery, etc. having network of research institutes in different parts of the country. It is aggrieved by the judgment dated August 26, 1996 of the Central Administrative Tribunal, Hyderabad ('Tribunal' for short) allowing the petition of the respondent, a scientist working with the appellant. Tribunal directed the appellant to consider the case of the respondent for promotion to the higher grade of Scientist (senior scale) from the year 1987 on the basis of five yearly assessment scheme in existence at that time and if found fit to promote him and to fix his pay in the revised scale of pay introduced as per proceedings dated March 9, 1989 nationally and to make him actual payment in that scale on the basis of above fixation from January 13, 1990 when he was actually promoted to that grade. A further direction was...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998IIIAD(SC)606; AIR1998SC2856; 1998(2)ALD(Cri)13; 1998(1)ALT(Cri)354; 1998CriLJ2523; 1998(2)Crimes97(SC); JT1998(3)SC39; 1998(2)SCALE632
ORDERJudgment pronounced by Nanavati, J.1. The appellant was convicted for the offence punishable under Section 302 IPC by the Sessions Court, East Godavari Division, in S.C. No. 198 of 1994. His conviction was confirmed by the Andhra Pradesh High Court. 2. What has been held proved against him is that on 2.8.1993 at about 7.00 p.m., he assaulted Lakshmi with a knife and killed her on the spot The prosecution case was that he had developed illicit intimacy with Lakshmi and for about 8 to 9 years they had stayed together as husband and wife. Some months before the date of incident, Lakshmi and the appellant had separated and since then she was staying in a matched hut near the hut of her father. After separating from Lakshmi, the appellant wanted to join his first wife - Mariyamma but Lakshmi was creating obstacles in his way. That was the reason why he assaulted her on 2.8.1993. 3. In order to prove its case, the prosecution had relied upon the evidence of three eye-witnesses. PW 2 - P...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC1484; JT1998(7)SC103; (1998)120PLR810; RLW1999(1)SC191; 1998(5)SCALE730; (1998)5SCC567
ORDER1. Special leave granted. 2. We have heard the learned counsel for the parties. 3. This appeal arises out of a suit for eviction filed by the respondents against three persons namely (1) Ashok Transport Agency (2) A.C. Basu, Proprietor of Ashok Transport Agency and (3) Birnath Singh, Manager of Ashok Transport Agency. The said suit was filed on 28-9-1992. Prior to the filing of the suit, A.C. Basu, Proprietor of Ashok Transport Agency had died on 6-8-1992. In the said suit, nobody appeared on behalf of the defendants and an ex parte decree was passed on 28-9-1993. The respondents thereafter moved for execution of the said decree. Before the executing court, it was submitted on behalf of the appellant that the decree was a nullity and it could not be executed for the reason that the Proprietor of Ashok Transport Agency had already died on the date of the institution of the suit and that the decree was passed against a dead person. The Munsif Sadar, Sitamarhi, by order dated 13-7-19...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC2633; (1999)121PLR470; (1998)7SCC103
ORDER1. Substitution is allowed if not allowed by previous order.2. This appeal is directed against the judgment dated 6-11-1985 passed by the Andhra Pradesh High Court in Letters Patent Appeal No. 70 of 1979. Defendants 2 to 7 in the partition suit OS No. 70 of 1970 are the appellants before us. Respondent 1 filed the said OS No. 70 of 1970 in the Court of learned Subordinate Judge, Tanuku for partition of B and C Schedule properties, inter alia, contending that she had inherited the share in the said B and C Schedule properties through Karunamma who was the daughter of Mark, the admitted owner of the property. The said Respondent 1 also claimed title to the said property under a Will executed by her mother Karunamma. The contesting Defendants 2 to 7 who are appellants before this Court, filed a written statement, inter alia, disputing the claim of the plaintiff. It was inter alia contended by the said contesting defendants that the Will executed by Karunamma was not a valid one. In a...
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