Court : Supreme Court of India
Reported in : (2010)6SCC555
1. Both these appeals have been preferred against the impugned judgment and order of the High Court of Uttaranchal at Nainital in Writ Petition No. 4143 of 2001 by which the Writ Petition filed by the Respondent-employee of the U.P. State Road Transport Corporation (hereinafter referred to as the `Corporation') has been allowed directing his re-instatement in service, but without back wages. The Corporation has filed appeal being aggrieved of the order of re- instatement and reversal of the Award of the Labour Court dated 28.4.1995, while Civil Appeal No.3088 of 2007 has been preferred by the employee Shri Suresh Chand Sharma claiming full back wages.2. Facts and circumstances giving rise to these appeals are that the said employee while working as a Conductor on bus No.UTL-9194 on the route Haridwar-Rishikesh was found, on checking on 24.5.1987, carrying 13 passengers without ticket from whom he has already recovered the fare and on 10.5.1988 on bus No.UGA-9059 on which he was working...
Tag this Judgment!Court : Supreme Court of India
1. This appeal has been preferred against the judgment and order of the High Court of Madhya Pradesh dated 25th January, 2006 passed in Second Appeal No. 726 of 2003 by which the High Court while allowing the Second Appeal reversed the judgment and decree dated 16th October, 2003 passed by the First Appellate Court in First Appeal No. 2/2003 by which the First Appellate Court had reversed the judgment and decree dated 13.12.2002 passed by the Trial Court in Civil Suit No. 30A/1999 allowing the application of the landlord for eviction of the tenant.2. Facts and circumstances giving rise to this appeal are that the appellant-tenant was inducted by the respondent- landlord on 1.10.1978 in a shop in house No. 83, Main Street, Mhow for a non-residential purpose on a monthly rent of Rs.150/-. The respondent-landlord enhanced the rent from time to time and ultimately it was enhanced on 1.3.1995 to the extent of Rs.700/-p.m. The respondent-landlord had taken a sum of Rs.35,000/- as loan from t...
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1. Heard the learned Amicus Curiae in the matter as also the learned counsel for the State. 2. This appeal is at the instance of the sole surviving appellant against the judgment and order of conviction by the Additional Sessions Judge, Bankura, which was affirmed by the High Court. 3. Initially, there were three accused persons, namely, the appellant Jaladhar Mondal, Meghnath Mondal and Smt. Rasibala Mondal. Jaladhar Mondal is the husband of the deceased Rina Mondal and Meghnath Mondal and Smt. Rasibala Mondal respectively are father-in-law and mother-in-law of the deceased Rina, who was married in the family of Mondals with the appellant-accused Jaladhar. The death of Rina Mondal took place within one year of her marriage. 4. Initially, the accused persons were charged under Section 302 / 201 I.P.C. alternatively under Sections 304B / 398A I.P.C. 5. The trial court after a full-fledged trial, convicted the accused persons under Section 302 / 201 I.P.C. and sentenced t...
Tag this Judgment!Court : Supreme Court of India
1. Appeal No.907 of 2006 is arising out of the final judgment and order dated 26.12.2005 passed by the High Court of Himachal Pradesh at Shimla in C.W.P. No.1007 of 2005. While Civil Appeal No.897 of 2006 is against the interim order dated 22.11.2005 passed in the said writ petition. As the interim order merges into the final order, Civil Appeal No. 897 of 2006 has lost its efficacy.2. Facts and circumstances giving rise to these appeals are that the appellant herein, H.P. Public Service Commission (hereinafter called as, "the Commission") advertised 13 vacancies of the Civil Judge (Junior Division) on 2nd April, 2005, providing the eligibility criteria and mode of selection. The respondent No.1 applied in pursuance of the said advertisement along with other candidates. The result of the written papers was declared on 04.09.2005. Respondent No.1 was not found eligible to be called for interview/viva-voce for the reason that he failed to secure 45% marks in the paper of Civil Law - II, ...
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Dr. B.S. CHAUHAN, J. 1. This appeal has been filed against the judgment and order dated 13.9.2004 passed by the High Court of Madras dismissing the Writ Appeal No.1692 of 1997 by which the Court has affirmed the judgment and order of the Learned Single Judge dated 4.12.1997 in Writ Petition No.14319 of 1986 wherein the appellant had challenged the Award made under section 11 of the Land Acquisition Act, 1894 (hereinafter called the Act) on the ground that he had been served with the notice under section 9(3) of the Act. 2. Facts and circumstances giving rise to this case are that Notification under Section 4 of the Act was issued on 7.1.1976 covering the area to the extent of 30.80 acres being part of different survey numbers and belonging to large number of persons in Seevaram Village, Saidapet Taluk, Chingleput District of Tamil Nadu for planned development of Electrical/Electronics Industrial Estate including appellant's land measuring 33 cents therein in Survey ...
Tag this Judgment!Court : Supreme Court of India
ORDER1. Leave granted.2. The appellant who is a member of superior judicial service of the State of Andhra Pradesh has preferred this appeal for expunging the remarks made by the Division Bench of Andhra Pradesh High Court in paragraphs 10 and 11 of order dated 25.6.2009 passed in Civil Misc. Appeal No.420 of 2009 and the direction contained in paragraph 13 thereof.3. Pochamreddy Subba Reddy and three others (hereinafter referred to as `the plaintiffs') filed O.S. No.1 of 2009 for grant of permanent injunction to restrain Maddika Nageshwari and six others (hereinafter referred as `the defendants') from interfering with the plaint schedule properties. They also filed I.A. No.34 of 2009 for grant of temporary injunction. The defendants contested the prayer for temporary injunction by asserting that the plaintiffs do not have any right over the suit property and that in the suits filed by them temporary injunction has already been granted by the trial Court restraining the plaintiffs from...
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G.S. Singhvi, J.1.Whether the decision taken by the Syndicate of the Panjab University to entertain and accept the application made by respondent No.1 Megh Raj Garg for changing the date of birth recorded in his matriculation certificate was binding on the State Government and the High Court of Punjab and Haryana (hereinafter described as `the appellant') and whether the suit filed by respondent No.1 for ordaining correction of the date of birth recorded in his service book was maintainable are the questions which arise for determination in this appeal filed by the appellant against the judgment of the learned Single Judge of the High Court in Regular Second Appeal No.901 of 1996. 2. Respondent No.1 joined service as Sub Judge-cum-Judicial Magistrate, II Class in March, 1973. His date of birth was recorded in the service book as 27.3.1936 because that was the date mentioned in the matriculation certificate and the application made by him in response to the advertisement issued by the P...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2010SC2685
ORDERDr. B. S. CHAUHAN, J1. This appeal has been preferred against the Judgment and Order of the High Court of Judicature at Madras dated 10th July, 2001 allowing the appeal filed by the respondent No.1 against the judgment and decree of the Ist AppellateCourt dated 17.9.1986 affirming the judgment and decree of the Trial Court dated 7.3.1977 in O.S. o.269/1975 instituted by the predecessor-in-interest of the present appellants for claiming the property in dispute and denying the share to the respondent Nos. 2 to 5 or their predecessor-in-interest.2. The facts and circumstances giving rise to the present case are that the predecessor-in-interest of the present appellants, Peria Mariammal instituted a suit, being O.S. No. 269 of 1975 against the respondents and their predecessor-in-interest claiming the share of her brother Muthu Reddiar, on the ground that he died unmarried and intestate and that Smt. Rengammal, the defendant No. 1 in the suit was a legally wedded wife of one Alagarsam...
Tag this Judgment!Court : Supreme Court of India
1. The appellant by this appeal challenges his conviction ordered by the Trial Court and confirmed by the High Court. He was tried for offence under Section 302, Indian Penal Code on the allegation that he had committed the murder of one Haripada Samanta on the night between 12-13th December, 1988 at Village Ghagra, Police Station Mahisadal at Sarberia. Charges were framed under Section 302 read with Section 201, IPC against Niranjan Panja and one Narayani 2Parua. Eventually, the second accused was acquitted of the offence under Section 302 read with Section 201, Indian Penal Code. However, accused Niranjan Panja alone came to be convicted by the Trial Court under Section 302, Indian Penal Code and his appeal having failed, he is before us.2. A report came to be filed before the concerned Police Station by one Tapan Kumar Samanta, who was the son of the victim, Haripada Samanta, that his father was killed and his body was lying in the narrow Khal. He reported that he found number of in...
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D.K. JAIN, J.:Leave granted.2. This appeal, by special leave, arises from the judgment dated 18 th November 2008 rendered by a learned Single Judge of the High Court of Calcutta in C.R.R. No. 523 of 2008. By the impugned judgment, the learned Judge has dismissed the petition preferred by the appellants under Section 482 of the of the Code of Criminal Procedure, 1973 (for short "the Code") seeking quashing of a private complaint filed by respondent No.2 in this appeal, for an offence under Section 500 read with Section 34 of the Indian Penal Code, 1860 (for short "the IPC").3. The facts, material for the purpose of disposal of this appeal, may be stated thus:Appellant No.1 is the President and Chief Executive Officer of the Chartered Financial Analysts Institute (hereinafter referred to as "CFA Institute"), incorporated under the laws of the State of Virginia, United States. Appellant No.2 is the President of the Indian Association of Investment Professionals, who is a member of the soc...
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