Court : Supreme Court of India
1. This appeal has been filed against the judgment and order dated 28.7.2003 in CMWP No. 1213 of 1999 of the High Court of Judicature at Allahabad.2. Heard learned counsel for the parties and perused the record.3. The respondent has a degree of B.A.M.S.(Bachelor of Ayurvedic Medicine and Surgery). She alleged in her writ petition filed in the High Court that she had all the requisite qualifications to be appointed as Medical Officer in the U.P. State Services. She was appointed vide order dated 1.8.1997 under the Anshkalik (temporary) Scheme of the State Government and was posted at a Government Female Hospital in Bulandshahar district.4. It is alleged in her writ petition that to avoid the claim of regular service of the writ petitioner the State Government acted against the spirit of law laid down by this Court in Rattanlal and others vs. State of Haryana and others AIR 1987 SC 478 and in Rabinarayan Mohapatra vs. State of Orissa and others AIR 1991 SC 1286 and other decisions given ...
Tag this Judgment!Court : Supreme Court of India
J U D G M E N T1. Leave granted.2. The respondent herein has filed a suit for specific performance (OS No.48/2007) alleging that the appellant-defendant entered into a registered agreement of sale dated 20.12.2006 agreeing to sell the suit schedule property to him, for a consideration of Rs.240,000/-; that he had paid Rs.160,000/- as advance on the date of agreement; that the appellant agreed to execute a sale deed by receiving the balance of Rs.80,000/- within three months from the date of sale; that he was ready and willing to get the sale completed and issued a notice dated 16.3.2007 calling upon the appellant to execute the sale deed on 20.3.2007; and that he went to the Sub-Registrar's office on 20.3.2007 and waited, but the appellant did not turn up to execute the sale deed. On the said averments, the respondent sought specific performance of the agreement of sale or alternatively refund of the advance of Rs.160,000/- with interest at 12% per annum from 20.12.2006.3. The appellan...
Tag this Judgment!Court : Supreme Court of India
J U D G M E N T1. This appeal emanates from the judgment and order of the Division Bench of the High Court of Karnataka at Bangalore delivered in Writ Petition No. 19516 of 2004.2. Brief facts which are relevant to dispose of this appeal are recapitulated as under:3. The controversy in this appeal pertains to the promotion to the post of Principal Scientist under the "Career Advancement Scheme" formulated by the Indian Council for Agricultural Research (hereinafter referred to as `ICAR'). There are two streams from which selections are made to the post of Principal Scientist: (i) Direct recruitment; and (ii) Promotion from the post of Senior Scientist on the basis of personal merit.4. The ICAR had formulated the "Career Advancement Scheme" in consultation with the Department of Personnel & Training and Ministry of Finance, Government of India laying down guidelines for promotion of a Scientist from one grade to another in the Agricultural Research Services (ARS) cadre, which were made ...
Tag this Judgment!Court : Supreme Court of India
1. Leave granted.2. This appeal is directed against the judgment and order dated 03.05.2010 passed by the Rajasthan High Court, Jodhpur Bench, in S.B. Civil [Sales- Tax] Revision No. 74 of 2010, whereby the High Court dismissed the said Revision Petition preferred by the appellant herein and upheld the order dated 22.01.2009 passed by the Rajasthan Taxation Board, Ajmer, wherein the Taxation Board interfered and modified its earlier order dated 13.05.2008. 3. The assessment of the assessee-respondent for the Assessment Year 2001-02 was completed by the Assessing Officer under Section 29(7) of the Rajasthan Sales Tax Act, 1994 [for short "the Act of 1994"] holding that the tax on "thermo ware" and "vacuum ware", which were the articles sold by the assessee-respondent during the relevant assessment year, should be levied Sales Tax at 10 per cent instead of 8 per cent, treating them as separate articles from plastic goods/products. Consequently, the liability of difference of tax at 2 per...
Tag this Judgment!Court : Supreme Court of India
J U D G M E N T1. Leave granted.2. The second respondent (referred to as the `Developer') entered into a development agreement with the owners of certain lands at Bachupally village, Qutubullapur Mandal, Ranga Reddy District, for constructing independent houses and multistoried Apartment buildings with common facilities in a layout known as `Hill County township'. The landowners as the first party, the developer as the second party and the first respondent who wanted to acquire an apartment therein as the third party entered into an agreement for sale dated 16.10.2006 under which the land-owners agreed to sell an undivided share equivalent to 87 sq.yds. out of a total extent of 16.95 acres to the first respondent and the developer agreed to construct a residential apartment measuring 1889 sq.ft. for the first respondent. The total consideration for the undivided share in the land, apartment and car parking space was agreed as Rs.55,89,368. The agreement contemplating the entire price b...
Tag this Judgment!Court : Supreme Court of India
J U D G M E N T1. Leave granted.2. This appeal is directed against the judgment and order dated 04.08.2010 passed in Writ Petition (PIL) No.4700 of 2008 by the High Court of Jharkhand at Ranchi. 3. In the impugned judgment, it is mentioned that the basic allegation is amassing of illicit wealth by various former Ministers, including a former Chief Minister of the State. The money alleged to have been so earned is of unprecedented amounts. However, there is no clear allegation so far about its laundering in the sense mentioned above, but there is an allegation of its investment in property, shares etc. not only in India but also abroad.4. The basic investigation requires determining whether money has been acquired by an abuse of the official position amounting to an offence under the Prevention of Corruption Act and under the Indian Penal Code, the persons by whom this has been done, the amount which has been so earned and places where it has been invested.5. The amount is alleged to ru...
Tag this Judgment!Court : Supreme Court of India
1. If ever there was a case which cried out for death penalty it is this one, but it is deeply regrettable that not only was no such penalty imposed but not even a charge under Section 302 IPC was framed against the accused by the Courts below. 2. Heard learned counsel for the parties.3. The facts in detail have been stated in the impugned judgment of the High Court as well as of the trial court and hence we are not repeating the same here, except where necessary. 4. The appellants are policemen who wrongfully confined one Nandagopal in police custody in Police Station Annamalai Nagar on suspicion of theft from 30.5.1992 till 2.6.1992 and beat him to death there with lathis, and also gang raped his wife Padmini in a barbaric manner. The accused also confined several other persons (who were witnesses) and beat them in the police station with lathis. 5. Both the trial Court and the High Court have found the appellants guilty and we see no reason to disagree with their verdict. To prove t...
Tag this Judgment!Court : Supreme Court of India
J U D G M E N T1. Leave granted.2. This appeal by special leave is directed against the judgment of the High Court of Andhra Pradesh at Hyderabad rendered in Writ Petition No. 24124 of 2009 dated 28th April, 2010 whereby the High Court set aside the extension granted to the appellant as officer on Special Duty in the establishment of Tirumala Tirupathi Devasthanam (hereinafter referred to as "the Temple") till 1st August, 2011. 3. The aforesaid order has been passed in a writ petition styled as a public interest litigation by S. Mangati Gopal Reddy (hereinafter referred to as "respondent No.1"). Respondent No. 1 claims to be an agriculturist and a staunch devotee of Lord Venkateswara since his childhood. In Paragraph 2 of the affidavit in support of the writ petition, respondent No.1, in order to establish his locus standi to file the public interest litigation stated as under:- "I am an Agriculturist. I am a staunch devotee of Lord Venkateswara since my childhood. I regularly visit th...
Tag this Judgment!Court : Supreme Court of India
J U D G M E N T1. Leave granted.2. The appellant is the Headmistress in the Little Star School located at Gayatri Hills, Yousufguda, Hyderabad has preferred this appeal against the impugned judgment and order passed by the High Court of Judicature of Andhra Pradesh at Hyderabad in Criminal Petition No.2127 of 2006. 3. It may be pertinent to mention that her husband Mohd. Samiuddin and the appellant are being prosecuted for an offence under section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (for short `the 1989 Act').4. The appellant filed a petition before the Andhra Pradesh High Court under section 482 of the Code of Criminal Procedure for quashing the proceedings in Crime No.50 of 2006, Police Station Jubilee Hills, Hyderabad. The High Court, by the impugned judgment, has declined to quash the proceedings.5. The brief facts which are necessary to dispose of this appeal are recapitulated as under:A complaint was filed against the appe...
Tag this Judgment!Court : Supreme Court of India
O R D E R1. Delay condoned.2. Leave granted.3. Heard learned counsel for the parties. These Appeals have been filed against the impugned judgment and order dated 03rd December, 2008 passed by the High Court of Judicature at Bombay, Bench at Nagpur in Writ Petition No.2216 of 2006.4. At the very outset we may note that in fact there was no petition before the High Court on which the impugned order was passed. The High Court took suo motu action on the basis of some information which has not been disclosed in the impugned order. The cause title in the impugned judgment reads:"Court on its own motion vs. State of Maharashtra through its Secretary, Education Department." None of the colleges in respect of which the impugned order was passed were made respondents, nor was notice issued to them, nor were they heard by the High Court.5. To say the least, this was a strange procedure adopted by the High Court.6. In our opinion, such suo motu orders, without even a petition on which they are pa...
Tag this Judgment!