Court : Supreme Court of India
Reported in : 2005(1)KarLJ1; 2004(6)SCALE57; (2004)10SCC665
Brijesh Kumar, J.1. The dispute in the present appeal relates to Sy.No. 1033/1 + 2 situate in Belgaum belonging to the temple Shri Chandramouleshwara Dev of Belgaum which is a registered public trust. The respondents in this appeal claimed occupancy tenancy rights under the provisions of Section 45 of the Karnataka Land Reforms Act, 1961 by moving an application dated 23.8.1974. The aforesaid claim of the respondents was considered by the Land Tribunal, Belgaum and by order dated 3.7.1979 it declared the respondents as tenants and granted occupancy tenancy rights under Section 45 of the Karnataka Land Reforms Act (for short 'the Act') with effect from 1.3.1974. While passing the aforesaid order, the Tribunal made a reference to the relevant records and the statements of the parties and it also noted the fact that the tenancy of the respondents, who were applicants, was admitted by Madhukar Adhyapak, one of the appellants in this appeal. The relevant date for accrual of rights of occupa...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC3457; 2004(5)ALLMR(SC)804; (2004)98CALLT411(SC); 98(2004)CLT411(SC); [2006(3)JCR97(SC)]; 2004(6)SCALE51; (2004)7SCC437
Brijesh Kumar, J.1. The proceedings of these appeals before this Court arise out of the Revenue Miscellaneous Cases No. 150 to 156 of 1976 filed by the appellants separately against the separate respondents under the provisions of Orissa Regulation No. 2 of 1956 before the Project Administrator, I.T.D.A., Parlakhemundie and. Addl.District Magistrate, Ganjam in the State of Orissa. The cases were filed by the appellants who belong to Scheduled Tribe of Khariaguda village in Gumma block whereas the respondents who have been impleaded as opposite parties in different cases are Pano Christians of Asharyaguda village. It appears that the land in dispute falls in village Khariaguda which is a scheduled area under the provisions of the Regulation No. 2 of 1956. The claim of the appellants who filed different cases is that the land belongs to them but it has been forcibly occupied by the respondents. The cases were decided in favour of the appellants with a direction for restoration of suit la...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC3460; 2004(2)BLJR1371; [2004(102)FLR215]; [2004(3)JCR228(SC)]; 2004(6)SCALE66; (2004)10SCC734; 2004(3)SLJ375(SC)
Arun Kumar, J.1. This appeal is directed against a judgment dated 13th July, 1998 of a Division Bench of the High Court dismissing a writ petition filed by the appellants herein challenging a final seniority list issued by the State Government of Bihar whereunder the appellants who are direct recruits to the Bihar Forest Service were shown junior to the private respondents who are promotees in the service. The appellants were appointed as Assistant Conservators of Forests (ACFS) to the Bihar Forest Service (hereinafter called the 'service') as direct recruits in pursuance of advertisement issued by the Bihar Public Service Commission on 24th July, 1985 for filling 40 permanent posts of Assistant Conservators of Forests in the service. According to the appellants the process of direct recruitment was completed on 8th June, 1987. However, the appointment orders with respect to the direct recruits were issued only on 14th December, 1987. The appellant state that at the relevant time the c...
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2005)ACC83; [2004(4)JCR163(SC)]; 2004(5)SCALE822; (2004)5SCC364
G.P. Mathur, J. 1. The challenge in these Writ Petitions and Transfer Cases is to certain clauses in the Motor Vehicles (New High Security Vehicle Registration Plates) Order, 2001 issued by the Central Government and also to some conditions imposed in the Notice Inviting Tenders issued by various State Governments for supply of High Security Registration Plates. Writ Petition No. 41 of 2003 shall be treated as leading case. 2. It will be convenient to give the background under which the State Governments issued the Notice Inviting Tenders (for short NITs) for supply of High Security Vehicle Registration Plates (for short HSVRP). Section 2(28) of the Motor Vehicles Act, 1988 (for short 'the Act') defines "motor vehicle" or "vehicle". Section 2(32) defines "prescribed" and it means prescribed by rules made under the Act. Section 39 of the Act lays down that no person shall drive any motor vehicle and no owner of a motor vehicle shall cause or permit the vehicle to be driven in any public...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2004)189CTR(SC)193; [2004]267ITR654(SC); 2004(6)SCALE36; (2004)6SCC235
S. Rajendra Babu, C.J. 1. These appeals involve following two questions for our consideration although several other questions were considered by the High Court :-(a) Whether the Malaysian income cannot be subjected to tax in India in the basis of the agreement of avoidance of double taxation entered into between Government of India and Government of Malaysia ?(b) Whether the capital gains should be taxable only in the country in which the assets are situated?2. The facts leading to these appeals are that the respondent is a firm owning immovable properties at Ipoh, Malaysia; that during the course of the assessment year the assessee earned income of Rs. 88,424/- from rubber estates; that the respondent sold property, the short term capital gains of which came to Rs. 18,113/-; that the Income Tax Officer assessed that both the incomes are assessable in India and brought the same to tax; that the respondent filed an appeal before the Commissioner of Income Tax (Appeals) who held that un...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(5)ALLMR(SC)879; [2004(3)JCR238(SC)]; 2004(6)SCALE1; (2004)5SCC551
ORDERG.P. Mathur, J. 1. This appeal try special leave has been preferred against the judgment and order dated 8 6.2001 of High Court of Andhra Pradesh by which the writ petition preferred by respondent Nos. 1 to 3 was allowed and it was directed that the criminal case pending against them shall not to be transferred to the Special Tribunal and their trial shall continue in the ordinary criminal courts.2. A flour mill being run by the writ petitioners was inspected by the staff of the Electricity Department and some others on 24.6.1999 and it was discovered that theft of electrical energy was being committed. An FIR was lodged and after investigation charge-sheet under Section 39 and 44 of Indian Electricity Act 1910 was submitted on 6.10.1999, the learned IIIrd Metropolitan Magistrate, Hyderabad took cognizance of the offence and proceeded with the trial of the writ petitioners wherein four prosecution witnesses were examined. During the pendency of the case the State of Andhra Pradesh...
Tag this Judgment!Court : Supreme Court of India
Reported in : (SCSuppl)2005(1)CHN98; [2004(101)FLR1215]; JT2004(5)SC208; (2004)IILLJ1121SC; 2004(5)SCALE838; (2004)5SCC108
S. Rajendra Babu, C.J. 1. In this matter, the constitutional validity of Rule 10(1) of the West Bengal Services [Death-cum-Retirement Benefit] Rules [for short 'the Rules'] is involved and the High Court has held that the same is ultra vires the Constitution and that conducting the departmental enquiry against the respondent after his retirement was also held to be ultra vires the Constitution.2. This Court, by an order made on 1.5.1998, while granting leave on the question of vires of Rule 10 of the Rules, directed that even if this appeal succeeds the benefit available to respondent No. 1 in accordance with the judgment of the High Court will not be recalled and the appellant shall make available to respondent No. 1 all the arrears, if any, payable as per the impugned order of the High Court within the stipulated time.3. Now the sole question for consideration is the validity of Rule 10(1) of the Rules. The same involves larger question arising as to the operation of the West Bengal ...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(5)SCALE839
ORDER1. It will be appropriate to make any orders in these interlocutory applications at this stage unless the main petition is heard. It is only thereafter the prayers made in these interlocutory applications can be considered.2. List for final hearing at an early date along with these interlocutory applications....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC3566; 2004(2)ALD(Cri)504; 2004(2)BLJR1378; 98(2004)CLT491(SC); 2004CriLJ2881; 112(2004)DLT457(SC); 2004(77)DRJ390; RLW2004(3)SC402; 2004(6)SCALE15; (2004)5SCC518;
G.P. Mathur, J. 1. This writ petition under Article 32 of the Constitution has been filed by way of public interest litigation, by Sakshi, which is an organisation to provide legal, medical, residential, psychological or any other help, assistance or charitable support for women, in particular those who are victims of any kind of sexual abuse and/or harassment, violence or any kind of atrocity or violation and is a violence intervention center. The respondents arrayed in the writ petition are (1) Union of India; (2) Ministry of Law and Justice; and (3) Commissioner of Police, New Delhi. The main reliefs claimed in the writ petition arc as under :A) Issue a writ in the nature of a declaration or any other appropriate writ or direction declaring inter alia that 'sexual intercourse' as contained in Section 375 of the Indian Penal Code shall include all forms of penetration such as penile/vaginal penetration, penile/oral penetration, penile/anal penetration, finger/vaginal and finger/anal ...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(5)SCALE734; (2004)7SCC381
Arun Kumar, J. 1. These appeals are directed against the judgment of the Punjab and Haryana High Court dismissing in limine a Writ Petition filed by the petitioner challenging the order of the revenue authorities regarding declaration of a portion of land owner by predecessor in interest of the appellant as surplus under The Punjab Land Reforms Act, 1972( hereinafter referred to as the 'Act'). Briefly the facts are that Daya Singh, father of the petitioner filed a return regarding his and his wife Kartar Kaur's holding of lands under Section 5 of the Act. After scrutinizing the return, the Collector found that the holding in their hands came to 10.12 hectares of first quality land. Out of that they were entitled to 7 hectares of land. Thus 3.12 hectares of land was found to be surplus which the land owners were required to surrender. Daya Singh filed an appeal against the said order before the Commissioner. One of the objections taken by Daya Singh in his appeal was that the land held ...
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