Court : Supreme Court of India
Reported in : (2007)1GLR643; JT2006(9)SC476; 2007MPLJ235(SC); 2006(10)SCALE561; (2006)8SCC629
Dalveer Bhandari, J.1. Leave granted.2. This appeal is directed against the judgment of the High Court of Judicature at Bombay dated 23.1.2006 in Criminal Revision Application No. 458/2005 and Criminal Revision Application No. 11 of 2006.3. The appellants in this appeal had been convicted by the Additional Chief Judicial Magistrate, First Class, Pune, by the judgment dated 21.12.1996 under Sections 39 and 44 of the Indian Electricity Act, 1910 (hereinafter referred to as the Act) and were also directed to pay a fine. These appellants were directed to suffer three months rigorous imprisonment. Appellants number 1 & 3 were also directed to pay a fine of Rs. 40,000/- each and appellant number 2 to pay a fine of Rs. 20,000/- under Section 39 of the Act. 4. The appellants, aggrieved by the said judgment of the Additional Chief Judicial Magistrate, Pune, filed an appeal before the Ad-hoc Additional Sessions Judge, Pune being Appeal No. 12 of 1997. The learned Additional Sessions Judge again ...
Tag this Judgment!Court : Supreme Court of India
Reported in : [2006(111)FLR1194]; [2007(1)JCR126(SC)]; JT2006(9)SC561; (2007)ILLJ231SC; 2006(11)SCALE304
S.B. Sinha, J.1. Leave granted.2. Appellant is a statutory corporation constituted under the Road Transport Corporation Act, 1950. It has its own scheme in terms whereof gratuity is being paid at the rate of 30 days' basic pay for each completed year of service. Government Servants are, however, entitled to gratuity calculated on the basis of 15 days' basic pay for each completed year of service. Such is the position also under the Payment of Gratuity Act, 1972 (for short 'the Act'). 3. Disputes and differences having arisen by and between the workmen of the Corporation and the management, a settlement was arrived at on 17.07.1999. The said settlement was valid for the period 1.01.1988 and 31.12.1991. It expired on 31.12.1991, Clause (5) whereof postulated:Dearness Allowance The rates of Dearness allowance shall be on par with the rates sanctioned by the State Government to its employees from time to time and from the same date. The enhanced Dearness Allowance shall be paid in cash. If...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(1)ALLMR(SC)487; [2007(112)FLR661]; [2007(2)JCR267(SC)]; JT2007(1)SC63; 2006(11)SCALE363; (2007)1SCC331; 2006AIRSCW6271
S.B. Sinha, J.1. Leave granted.2. Appellant was appointed as Khalasi at Kota Railway Station of Western Railway Administration in the year 1981. On 8th February, 1985, he was promoted as a Junior Clerk. A test was conducted by Chief Works Manager (Wagon Repair Shop) of Western Railway, Kota. He qualified in the same test. The Western Railways Administration started one Railway Electrification Project and he was transferred thereto in September 1985. While working there as a Junior Clerk, he was promoted as a Senior Clerk on 24.4.1987 on an ad hoc basis. On completion of the project, he was repatriated to his original office. Although he was posted in the office of the Kota Railway Station of Western Railway Administration, he was kept in the said workshop. A request for change of his lien was agreed to by the competent authority, namely, the second Respondent herein and his request for absorption on the said post was also accepted. 3. A complaint against him by four employees working i...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC381; 2007(1)ALLMR(SC)491; [2006(111)FLR1211]; (2007)3GLR2042(SC); (2007)ILLJ1021SC; 2006(11)SCALE368; (2007)1SCC437; 2006AIRSCW6277
S.B. Sinha, J.1. Leave granted.2. Appellant was engaged as a casual labour in the year 1978 for a period of four months. He was posted in Ganj Basoda Station. Subsequently, he was appointed at Bina Depot in the year 1981 and served upto 30.6.1982. He was appointed similarly on a few more occasions and was declared as a monthly rated casual labour in 1986. He was issued a service card wherein the details of his service as a casual labour were recorded from time to time. Service Card contained the particulars of the places, number of days and the capacity in which he had worked. Pursuant to or in furtherance of a scheme of regularization in 1989, his name was short-listed. The service card was sent for verification. A purported report dated 31.5.1990 was sent by an Electrical Foreman, Ganj Basoda challenging that it was a fake one; whereupon a major penalty was imposed on him, inter alia, on the charges; firstly, his service card bearing No. 303774 was fake; and secondly, that he secured...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(1)AWC566(SC); [2007(3)JCR80(SC)]; JT2006(9)SC567; 2006(11)SCALE322; 2006AIRSCW5976.
S.B. Sinha, J.1. Leave granted.2. Interpretation and application of Regulation 351-A of the Civil Service Regulations falls for consideration in this appeal which arises out of a judgment and order dated 29.3.2005 passed by a Division Bench of the High Court of Judicature at Allahabad, Lucknow Bench at Lucknow allowing the Writ Petition No. 435 of 2002 filed by Respondent herein. The basic fact of the matter is not in dispute. Respondent was appointed as a Clerk. He rose up to the position of Deputy Inspector General of Registration. He was charged with commission of misconduct involving gross irregularities while he was posted at Faizabad on preliminary enquiry by the then Inspector General of Registration, pursuant whereto and in furtherance whereof a charge-sheet dated 22.3.1993 was served on him on 24.3.1993, and an Enquiry Officer was appointed, stating:O.M. No .S.R. 1605/11-93-312(58)/93 dtd.24th March, 1993 issued by the Special Secretary to the Government of Uttar PradeshGovern...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC181; (2006)206CTR(SC)175; [2006]287ITR91(SC); JT2006(10)SC76; 2006(11)SCALE409; (2007)2SCC181
S.B. Sinha, J.1. Leave granted.2. Appellant No. 1 is a proprietary concern. It is an assessee under the Income Tax Act, 1961 (for short 'the Act'). A raid was conducted in their premises on 18.12.2002. Some documents including their books of accounts were seized; a few of which were in the hard disk of the computer. They upon seizure all through remained in possession of the respondents. Assessment was under the law required to be completed within a period of two years. A notice was issued under Section 158BC of the Act by the Deputy Commissioner of Income Tax, Central Circle 18 requiring the appellants to submit return of undisclosed income for the block period of ten years pursuant whereto returns were filed. A notice was issued under Section 142(1) of the Act. Questionnaire was issued on 1.11.2004. On 22.11.2004, the Deputy Commissioner decided to proceed first with the assessment proceedings under Section 158BC of the Act in the case of three individuals, viz., Smt. Sushila Rani, S...
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2007)DMC41SC; 2007(1)MPHT14; (2007)148PLR67; RLW2007(1)SC784; 2006(11)SCALE34; (2007)1SCC262; 2006(3)ShimLC273
S.B. Sinha, J.1. Application of Sections 177 and 178 of Code of Criminal Procedure (Code) is involved in this appeal which arises out of a judgment and order dated 1.09.1998 passed by the High Court of Madhya Pradesh in Crl. Revision No. 98 of 1998.2. Appellant No. 1 was married with Meena, Respondent No. 2 herein at Niwari, Distt. Tikangarh. They were living at their matrimonial home at Jabalpur. Allegedly, a complaint was lodged by father-in-law of Appellant No. 1 with the police station, Jabalpur on 19.04.1997 alleging that the appellants have been ill-treating his daughter and demanded dowry.3. Meena allegedly lodged another First Information Report against the appellants at the Police Station, Datia on 25.05.1997 whereupon a criminal case was registered. In the said complaint, the place of incident was said to have taken place in House No. 151, Adarsh Nagar Narbada Road, Jabalpur. The period during which the incident took place was said to be before November, 1995 till 25.08.1997....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007CriLJ317; [2007(1)JCR289(SC)]; 2006(10)SCALE585; 2006(3)ShimLC329; 2006AIRSCW5953
S.B. Sinha, J.1. Appellant is a resident of village Wadigadri. The deceased Vishwanath was also resident of the said village. The deceased like the appellant was a driver by occupation. Eight to ten days prior to the date of incidence, an altercation took place between them. The appellant allegedly inflicted injuries on him with a knife. However, the matter did not proceed any further. On 24.11.1991, the deceased Vishwanath met the appellant who was then driving a vehicle. A quarrel took place between them in regard to demand of some amount. When Vishwanath was coming to his house, the appellant followed him. He was carrying with him kerosene in a container. He poured kerosene on him and lit a match stick resulting in sufferance of burn injuries by the deceased. Mother of the deceased Kesarbai (PW-8) was sitting in front of the house. She heard his shouts. She also identified the voice of the appellant. She rushed towards her house, found Vishwanath in flames and the appellant running ...
Tag this Judgment!Court : Supreme Court of India
Reported in : [2007(112)FLR338]; JT2006(10)SC179; 2006(11)SCALE258; 2006AIRSCW5957; 2007ILLJ424(SC)
JUDGMENS.B. Sinha, J.1. Leave granted.2. Respondent was appointed on a temporary basis in the year 1982 for a period of 88 days. His services were terminated. An industrial dispute was raised by him which was referred to for adjudication before the Presiding Officer, Central Government Industrial Tribunal - cum - Labour Court, Kanpur by the State of Uttar Pradesh in the following terms:Whether the action of the management of State Bank of India, Region III, the Mall Kanpur, in relation to their Jhanstongang Branch, Allahabad in terminating the services of Shri Mahatma Mishra, Ex-messenger with effect from 4.9.1982 and not considering him for further employment as provided under Section 25H of the Industrial Disputes Act, is justified. If not to what relief is the workman concerned entitled? 3. Before the Industrial Court, the respondent inter alia relied upon a purported circular issued by the Personnel Department of the Appellant - Bank wherein direction was issued that temporary appo...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC215; 2007(2)ALT47(SC); 2006(5)CTC600; JT2007(1)SC56; 2006(11)SCALE267; 2006(2)LC1441(SC)
S.B. Sinha, J.1. Delay condoned.2. Leave granted.3. This appeal is directed against a judgment and order dated 3oth September, 2005 passed by a learned Single Judge of Calcutta High Court in C.O. No. 3447 of 2005 whereby and whereunder the revision application filed by Respondent No. 1 herein from a judgment and order dated 26th August, 2005 was allowed.4. Appellant and Respondent No. 3 claimed themselves to be the heirs and legal representatives of Rani Rashmoni. The appellant states that after demise of Rani Rashmoni, the entire estate comprising Touzi No. 145 devolved upon Raja Amrita Nath Das. Upon his demise, the property devolved upon his four sons whereafter a partition took place amongst his legal heirs. A part of Tauzi No. 145 was admittedly acquired in the year 1993 for construction of housing estate by the West Bengal Housing Board. Name of Respondent No. 1 herein admittedly appeared in the record of rights. She was given notice of acquisition. Possession of the land was tak...
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