Court : Supreme Court of India
Reported in : AIR2000SC2587; 2001(49)BLJR853; 2000(72)ECC681; 2001(129)ELT11(SC); [2000]245ITR360(SC); JT2000(9)SC110; 2000(3)KLT354(SC); 2000(5)SCALE167; (2000)6SCC359; [2000]Supp1SCR53
R.C. Lahoti, J.1. A question of frequent recurrence and of some significance involving the legal implications and the impact of an order rejecting a petition seeking grant of special leave to appeal under Article 136 of the Constitution of India has arisen for decision in this appeal.Facts in brief:2. The Kerala Private Forests (Vesting and Assignment) Act, 1971 (Act 26 of 1971), hereinafter referred to as 'the Act' for short, was enacted by the State of Kerala to provide for the vesting in the Government of private forests in the State of Kerala and for the assignment thereof to agriculturists and agricultural labourers for cultivation. The Act and the assent of the President of the Act were both published in Kerala Government Gazette (Extraordinary) dated 23.8.1971. The Act was given a retrospective operation by declaring that it shall be deemed to have come into force on the 10th day of May, 1971. We are not concerned with the details of several provisions contained in the Act. For ...
Tag this Judgment!Court : Supreme Court of India
Reported in : [2000(87)FLR26]; JT2000(9)SC447; (2001)9SCC310; (2000)3UPLBEC2226
ORDERM. Jagannadha Rao and Doraiswamy Raju, JJ.1. Special leave granted.2. The civil appeal is preferred by the State of U.P. and others questioning the judgment of the High Court of Allahabad dated 24th May, 1999 in Civil Miscellaneous Writ Petition No. 11161 of 1997. The respondents (writ petitioners) are lecturers in Northern Regional Institute of Printing Technology at Allahabad. In the writ petition the writ petitioners, sought a writ of mandamus directing the appellants herein to grant the benefit of the Government order dated 20th November, 1993 which gave the scale of Rs. 3000-4500/-on completion of 8 years of satisfactory service to lecturers in the grade of Rs. 2000-4000/- in Government Polytechnic. It was also prayed that parity be granted to the writ petitioners regarding pay and all other benefits as were available to the lecturers in Government Polytechnic. The High Court of Allahabad allowed the writ petition by the judgment under appeal. The State of U.P. has come up in...
Tag this Judgment!Court : Supreme Court of India
Reported in : [2000(87)FLR490]; JT2000(10)SC458; (2000)IILLJ1401SC; (2002)9SCC673
ORDER1. The grievance in this appeal is that the termination order passed against respondent No. 2 has been wrongly upset by the appellate authority-respondent No. 1 under Section 41 of the Tamil Nadu Shops and Establishments Act 1947 and that order has not been interfered with by the High Court either by the learned Single Judge in its writ jurisdiction or by the Division Bench in its appellate jurisdiction.2. We have been taken through the charges framed against respondent No. 2, the inquiry proceedings, the order made by the appellate authority which is a very detailed and exhaustive one and the order of the learned Single Judge as well as of the Division Bench of the High Court. The findings recorded by the appellate authority go against the appellant and the charges framed against the respondent No. 2 were found not proved, which findings stand affirmed. The decision of the appellate authority is based on facts arising in the case and cannot be faulted with.3. In these circumstanc...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2000)162CTR(SC)97
R.C. Lahoti, J. A question of frequent recurrence and of some significance involving the legal implications and the impact of an order rejecting a petition seeking grant of special leave to appeal under article 136 of the Constitution of India has arisen for decision in this appeal.Facts in brief :2. The Kerala Private Forests (Vesting and Assignment) Act, 1971 (Act 26 of 1971), hereinafter referred to as 'the Act' for short, was enacted by the State of Kerala to provide for the vesting in the Government of private forests in the State of Kerala and for the assignment thereof to agriculturists and agricultural labourers for cultivation. The Act and the assent of the President on the Act were both published in Kerala Government Gazette (Extraordinary), dated 23-8-1971. The Act was given a retrospective operation by declaring that it shall be deemed to have come into force on the 10-5-1971. We are not concerned with the details of several provisions contained in the Act. For our purpose ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC2573; JT2000(8)SC167; (2001)1MLJ23(SC); 2000(5)SCALE202; (2000)6SCC293; [2000]Supp1SCR581; (2000)3UPLBEC2414
Y.K. Sabharwal, J.1. Leave granted.2. An agreement dated 16th September, 1981 was executed between the first respondent (for short the Contractor') and the Kerala State Electricity Board (for short 'the Board') for construction of a dam. This was pursuant to a tender notice issued by the Board inviting tenders; tenders submitted by the contractor; correspondence exchanged between the parties and the negotiations held. A supplementary agreement was also executed; extensions for completion of work were granted and there were deviations of works as well which aspects are, however, not necessary to be narrated for the purpose of the disposal of these matters.3. The Government of Kerala issued a notification dated 30th March, 1983, under the Minimum Wages Act, 1948 revising the minimum wages payable to the employees employed in the works stated in the notification w.e.f. 1st April, 1983. The contractor claims that he started paying revised minimum wages to the employees and applying the lab...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2000(10)SC425; (2000)8SCC507
ORDER1. Kutubuddin Maner (hereinafter referred to as 'donor') owned property No. 1629 situate within the municipal limits of Ward No. 7 of Kohlapur town. The donor died on 19.12.1972 leaving behind four sons including the plaintiff-appellant and defendant No. 2, two daughters and his wife as his heirs. The donor before his death, executed a registered gift deed dated 3.6.1972 in favour of his minor grandson, defendant No. 7. The minor grandson was the son of donor's eldest son who is defendant No. 2. Smt. Meher Nigarabi, wife of defendant No. 2, was appointed as a guardian of minor donee and she, on behalf of the minor donee, accepted the gift. Subsequently, the plaintiff-appellant who is one of the sons of the donor, filed a suit for Letter of Administration of the estate of donor and also for possession. The gift deed executed by the donor was challenged on the ground that, under the Mohammedan Law, the mother is not competent to act as a guardian of her minor son during the lifetime...
Tag this Judgment!Court : Supreme Court of India
Reported in : [2000(87)FLR343]; (2001)ILLJ324SC
G.B. Pattanaik and U.C. Banerjee, JJ.1. These appeals and the writ petition raised the common question as to whether the services rendered as an Adult Education Supervisor under a non-formal Education Scheme, evolved by the State of Haryana, can be counted for the purpose of granting pensionary benefits as well as for the purpose of fixation of his pay, when such an employee is recruited to a regular post under the State Government either with or without break of service. Needless to mention that these appellants after having served for a number of years under the Rural Education Literacy Project/State Adult Education Programme, the Scheme itself under which they had been discharging their duties stood abolished, and consequently the appellants ceased to be employees. They had approached this Court in a writ petition which was registered as Writ Petition No. 1040/1990 seeking a mandamus to the State Government for their absorption in any regular cadre of the State Government. In the sa...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2001)9SCC349
S. Rajendra Babu and; Shivaraj V. Patil, JJ.1. Leave granted in SLP (C) No. 22851 of 1997.2. In these appeals, the respondent workmen claimed certain benefits arising out of the Employees' State Insurance Act, 1948 as each of them sustained certain injuries in the course of employment. The EI Court after assessing the extent of disability, benefits arising thereto was also computed with a direction to the effect that the appellant is bound to find a suitable employment for such an employee who became disabled on account of employment injury as provided in Section 19 of the ESI Act. The matter was carried in appeal in each of the cases to the High Court. The High Court dismissed the appeals holding that the order made by the EI Court is in accord with the spirit of Section 19 of the ESI Act.3. It is now complained before us that the EI Court has no powers to give a direction to the ESI Corporation to find a suitable employment for the respondent under Section 19 of the ESI Act. This Cou...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2001(1)BLJR30; JT2000(10)SC433; (2000)8SCC587
ORDER1. Heard learned Counsel for the parties.2. The present appeal is directed against the judgment and order dated 27th January, 1986, passed by the High Court whereby the second appeal of the respondent was allowed while setting aside the concurrent findings of the two courts below.3. The short facts are that the father of respondent nos. 2 and 3 and husband of respondent No. 1, filed a suit against the appellant for declaration that they being an agnate of the deceased husband, inherited the property according to the custom of Santhal tribe where females are excluded from the right of succession. He further challenged the gift made by the widow of the deceased Lakhiram, namely, by appellant No. 1 to appellant nos. 2 and 3. The trial court dismissed the suit by holding that par ties have become sufficiently Hinduised and as such the Hindu Law of Succession would apply and thus the widow will inherit the property of the deceased, consequently gift made by her to the appellant nos. 2 ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC2583; 2000CriLJ3504; JT2000(8)SC333; 2000(3)MPHT467; 2000(5)SCALE197; (2000)6SCC338; 2000(2)LC1182(SC)
ORDERShivaraj V. Patil, J.1. This petition is by the State of Madhya Pradesh directed against the order dated 10.11.1998 passed by the High Court of Madhya Pradesh in criminal Revision No. 274/98 by which the charges framed against the respondent under Section 13(1)(e) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short the 'Act') were quashed.2. The relevant and necessary facts to dispose of this petition are:3. The respondent was working as a Road Transport Inspector in the Regional Office of the Road Transport Corporation, Bhopal and is a public servant as such. A complaint under Section 13(1)(e) read with Section 13(2) of the Act for the check period 25.9.1982 to 27.3.1993 was filed stating that he had acquired the property in excess of the known source of his income. During the investigation properties and assets belonging to his mother-in-law, father, brother and nephew were shown as assets of the respondent. The assets of his wife, who is an income-tax p...
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