Court : Supreme Court of India
Reported in : JT2009(13)SC528; (2009)6MLJ592(SC); 2009(5)LHSC3126
S.B. Sinha, J.1. Leave granted.2. Interpretation and/ or application of the provisions of the Indian Stamp Act, 1899 (for short 'the Act') as amended by the State of Tamil Nadu is in question herein.It arises out of the following factual matrix:Appellants herein purchased some properties situate in Devala Village, Gudalur Taluk, Nilgiris in the State of Tamil Nadu by a registered deed of sale dated 1.02.1990. Some lands are situated in theState of Kerala also. The details of the lands purchased by them in the State of Tamil Nadu are as under:Sl. Name of the purchaser Survey No. Extent Doc. No.No. and date1. C.J. Paul, Malapuram 146, 147/2,2,3 44.00 382/90 -Acres 2.2.902. C.P. Jose, Malapuram -do- 44.01 381/90 -Acres 2.2.903. V.M. Mary, Malapuram -do- 44.00 383/90 -Acres 2.2.904. C.J. Mathews, -do- 44.00 384/90 -Malapuram Acres 2.2.903. The Sub - Registrar, Gudalur came to know of the execution of the said deeds of sale on or about 30.03.1996. It initiated a proceeding purported to be u...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2010(1)AWC175(SC); 2009(11)SCALE400
Tarun Chatterjee, J.1. Leave granted.2. This appeal is directed against an order dated 24th of July, 2007 passed by the High Court of Jammu & Kashmir at Srinagar in LPA No. 254/2006, by which the High Court had rejected the application for condonation of delay in filing the Letters Patent Appeal and consequent thereupon, the appeal was dismissed on the ground of delay.3. We have carefully examined the application filed by the State of Jammu & Kashmir, the appellant herein, and the statements made thereunder and also the impugned order. After thorough examination of the application for condonation of delay and the impugned order, we are of the view that the State of Jammu and Kashmir had made out sufficient cause for not filing the Letters Patent Appeal within the period of limitation. It is not in dispute that there has been a delay of 97 days in filing the appeal at the instance of the State of Jammu and Kashmir. It is well settled that for the purpose of filing an appeal, the file ha...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(II)OLR(SC)472
R.M. Lodha, J.1. Leave granted.2. The short question that arises for consideration in this appeal by special leave is : is the direction issued by the High Court that the pay fixation of the appellant and similarly situated persons be done in accordance with the Government Circular dated April 16, 1971 justified or the pay fixation of these employees ought to be done as per Rule 74(b) of the Orissa Service Code.3. The controversy arises from the facts which may be briefly noticed first. The appellant was appointed by the Government of Orissa as Overseer (Electrical) on November 16, 1964. He was deputed to serve in the Orissa State Electricity Board (for short, 'OSEB') in the then pay scale of 185-00-325. Later on, the post of Overseer was re-designated as Sub-Assistant Engineer (for short, `SER'). The pay scale of SERs in OSEB was revised from time to time. Since scale of pay of SERs appointed directly by the OSEB was higher in comparison to the Sub-Assistant Engineer on deputation wit...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(12)SC80; 2009(11)SCALE5:2009(5)LHSC2997
ORDER1. Leave granted.2. This appeal is directed against the final judgment and order dated 21st August, 2008, passed by the Gujarat High Court in Crl.Misc.Appln. No. 15068 of 2007, filed under Section 482 Cr.P.C. for quashing the proceedings arising out of criminal complaint No. 58 of 1989, filed by the respondent No. 1 herein against the appellant in respect of offences punishable under Sections 16(1)(a)(i) of the Prevention of Food Adulteration Act, 1954.3. There is no dispute that the sample of the curd, in respect of which the complaint was filed, was collected on 8th April, 1988, or that the report of the Public Analyst, whereupon the appellant applied for examination of the second sample on the basis of Section 13(2), was filed on 4th May, 1988, but was made available to the appellant only on 17th July, 1989, i.e. 15 months after the samples had been collected. On 10th November, 1989, the petitioner had prayed for examination of the second sample. The second sample was ultimatel...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2009)15SCC436
S.B. Sinha, J.1. Leave granted.2. Satya Prakash Vivekanand Inter College, Musahari District Deoria is an institution recognized by the Board of High School and Intermediate Education Act, 1921(for short, `the 1921 Act') as also by the U.P. High School and Intermediate Colleges (Payment of Salaries & Teachers and Other Employees) Act, 1971 (for short, `the 1971 Act').3. One B.G. Mishra was a teacher working in the said school in CT grade. As he left the institution, a vacancy arose on 15.10.1985. The Management of the college gave intimation of the said vacancy to District Inspector of Schools on or about 19.10.1986 requesting the said authority to forward the name of an eligible teacher for occupying the vacant post. Pursuant thereto or in furtherance thereof, the name of respondent No. 3, Ali Hussain Ansari, was recommended. However, the Management Committee did not find him suitable therefor.4. Management Committee, ignoring the said recommendations made by the District Inspector of ...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(10)SC449; 2009(5)LHSC2988
R.M. Lodha, J.1. This batch of 64 appeals is directed against the judgment passed by the High Court of Gujarat on March 22, 2002 whereby the Division Bench of that Court confirmed the award dated August 20, 1997 passed by Industrial Tribunal, Gujarat, Ahmedabad. Since the judgment as well as the questions raised herein are common, these appeals are disposed of by a common judgment.2. Gujarat Agricultural University, appellant, (hereinafter referred to as, 'Employer'), is an educational institution fully aided by the Government of Gujarat. It is engaged in the educational activities, particularly, in agriculture and allied sciences and humanities in the State of Gujarat. It has various agriculture Research Stations at different places in the State of Gujarat. In discharge of its duties and functions under the Gujarat Agriculture University Act, 1969, the employer engages daily rated labourers for various activities relating to agriculture research farms, fisheries, dairies, veterinary a...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(6)ALT19(SC); 2010(1)AWC170(SC); JT2009(12)SC550; (2009)6MLJ596(SC)
S.B. Sinha, J.1. Leave granted.2. Defendant in the suit is before us aggrieved by and dissatisfied with a judgment and order dated 12.01.2006 passed by a learned Single Judge of the High Court, Delhi in FAO No. 50 of 2005 whereby and whereunder an appeal preferred by him under Section 104 read with Order XLIII Rule 1(d) of the Code of Civil Procedure was dismissed.3. The relationship between the parties hereto was landlord and tenant. Respondents-landlord filed a suit for eviction of the appellant from the suit premises. A prayer for recovery of arrears of rent was also made. The said suit was filed in the Original Side of the Delhi High Court. Appellant, indisputably, appeared before the Delhi High Court. Evidences had been adduced in the matter. The suit was listed for final hearing on 23.10.2003. The said suit, however, consequent upon issuance of a notification enhancing the pecuniary jurisdiction of the District Courts, was transferred to the Court of Additional District Judge, De...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(14)SC37; 2009(II)OLR(SC)537
S.B. Sinha, J.1. Leave granted.2. Appellant is a Non-Governmental Organization. It came to learn that some children had been detained in the `red light area' at Varanasi. It approached the police for their rescue. More than thirty young girls and children were rescued. A complaint was filed by the appellant in respect thereof.3. The investigating officer recorded the statement of the girls and on the basis thereof came to the conclusion that many more persons were involved in the racket. Some of them were arrested.4. The Investigating Officer upon completion of the investigation filed a charge sheet under Sections 5, 6 and 9 of the Immoral Traffic (Prevention) Act, 1956 (for short 'the Act') and Sections 323, 504, 506, 117, 366A and 373 of the Indian Penal Code against 23 persons. Another charge sheet was filed under Sections 3, 5, 6, 7 and 9 of the Act and Sections 323, 504 and 506 of the Indian Penal Code against 13 persons.5. The respondents who were not named in the First Informati...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(10)SC331; (2009)8MLJ1659(SC); 2009(10)SCALE325
S.B. Sinha, J.1. Leave granted.2. Interpretation and/or application of Section 26 of the Tamil Nadu Highways Act, 2001 (hereinafter referred to for the sake of brevity as `the said Act') is in question in this appeal. It arises out of a judgment and order dated 21.3.2005 passed by a Division Bench of the High Court of Judicature at Madras in Writ Petition No. 6820 of 2005 and Writ Appeal No. 410 of 2005.3. The basic fact involved in this matter is not in dispute.On or about 13.2.1998 The Government of Tamil Nadu issued a Notification bearing GOMs No. 32 granting permission for installation of statutes and erection of arches. In terms thereof, requisitions, seeking for permission to put up of arches and the like, were submitted to the District Collector, who, on receipt thereof was required to get reports from the Divisional Engineer of the State Highways, District Superintendent of Police etc. On receipt of such reports and on being satisfied therewith, the District Collector could mak...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(5)LHSC3100; 2009(5)ALT57(SC); 2010(1)AWC533(SC); (2009)6MLJ587(SC); 2009(II)OLR(SC)532; (2009)9SCC299; 2009(5)LHSC3100
S.B. Sinha, J.Leave granted.1. K.T. Subramanya (the deceased) was employed with Karnataka Power Corporation (for short, 'KPC') at Linganamakki. He took four life insurance policies from Life Insurance Corporation of India being dated 13.1.1987, 16.2.1987, 31.3.1987, and 3.6.1988. Indisputably, therein he nominated Challamma, his mother as the beneficiary thereof. The first respondent is said to have entered into a wedlock with the deceased on 3.12.1984. Subramanya died on 22.9.1988.2. Respondent Nos. 2 and 3 are said to be the sons of the deceased Subramanya and the first respondent herein. The respondents filed an application for grant of succession certificate in their favour in terms of Section 372 of the Indian Succession Act, 1925 (for short, 'the Act') in the Court of Civil Judge, Sagar in respect of the scheduled debts. The said application was marked as P & S.C. 3/89. Appellant admittedly being the mother of the deceased filed an application for being impleaded as a party there...
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