Court : Supreme Court of India
Aftab Alam,J. 1. Leave granted. 2. The question that once again arises before this Court is what would be the status of a person, one of whose parents belongs to the scheduled castes/scheduled tribes and the other comes from the upper castes, or more precisely does not come from scheduled castes/scheduled tribes and what would be theentitlement of a person from such parents to the benefits of affirmative action sanctioned by the Constitution. The Gujarat High Court has proceeded on the basis that the issue is settled by the decisions of this Court in Valsamma Paul v. Cochin University and others, (1996) 3 SCC 545 followed by Punit Rai v. Dinesh Chaudhary, (2003) 8 SCC 204 and Anjan Kumar v. Union of India and others, (2006) 3 SCC 257. On the strength of those three decisions the High Court upheld the order passed by the Scrutiny Committee cancelling the tribal certificate earlier obtained by the appellant on the sole ground that his father was a non-tribal, belonging to the Hindu caste...
Tag this Judgment!Court : Supreme Court of India
ALTAMAS KABIR, J. 1. Leave granted. 2. The short point for decision in this Appeal is whether an employer can take disciplinary action against an employee in regard to acts purported to have been done by him in his previous employment in an affiliated society. 3. The Respondent No.1 herein was an employee of Raipur Krishi Unnayan Samity (hereinafter referred to as the Samity), a cooperative society affiliated to the Burdwan Central Cooperative Bank, the Appellant herein. Under its Recruitment Rules, the Bank was entitled to recruit people from the affiliated societies through a regular recruitment process. In the recruitment process held in 1997, the Bank appointed the Respondent No.1 as a Grade III Staff of the Bank by an appointment letter dated 8th September, 1997. On being offered the said appointment, the Respondent No.1 left the services of the Samity where he was working and joined the Bank pursuant to the appointment letter issued to him. 4. While the Respondent No.1 was servin...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2012)2SCC273; 2012CriLJ1446
Dr. B.S. CHAUHAN, J.1. This appeal has been preferred against the judgment and order dated 23.8.2007 passed by the High Court of Allahabad in Criminal Appeal No. 1096 of 1982, qua the appellants by which the judgment and order of the Trial Court dated 16.4.1982 in Sessions Trial No. 277 of 1980, of their conviction under Section 302/149; 307 read with Section 149 and Section 452 of Indian Penal Code, 1860 (hereinafter called `IPC') has been upheld and sentence awarded by the Trial Court for life imprisonment for the offence under Section 302/149; seven years for the offence under Section 307/149; andthree years' rigorous imprisonment under Section 452 IPC has been maintained.2. Facts and circumstances giving rise to this appeal are as under:A. An FIR was filed on 23.3.1980 at 2.50 A.M. with the Police Station Harduwaganj, District Aligarh that on 22-23/3/1980 at about 12 O'clock, Jalsur (PW.2) - complainant and his Uncle Onkar Singh (deceased) were sleeping on the roof o...
Tag this Judgment!Court : Supreme Court of India
GANGULY, J. 1. Leave granted. 2. The question which falls for consideration before this Court in this case is whether the employer of an establishment which is an `exempted establishment' under the Employees' Provident Funds and Miscellaneous Provisions Act, 1952 (hereinafter, `the Act') is subject to the provisions of Section 14B of the said Act whereby in cases of default in the payment of contribution to the provident fund, proceedings for recovery of damages can be initiated against the employer of such an `exempted establishment'. 3. The question was raised by the respondent before the High Court and both the Single Bench and the Division Bench of the High Court have recorded a finding in favour of the respondent and held that the respondent being an `exempted establishment' cannot be subjected to the provisions of Section 14(B) of the Act. 4. The material facts of case are not much in dispute. 5. By notification dated 23.11.1967, the Central Government in exercise of its power un...
Tag this Judgment!Court : Supreme Court of India
GYAN SUDHA MISRA, J. 1. Leave granted. 2. The appellant herein has challenged the order dated 24.1.2011 passed by the High Court of Judicature at Jabalpur by which the Criminal Revision Petition No. 839/2004 was dismissed holding therein that the impugned order passed by the Special Judge (under the Prevention of Corruption Act, 1988) District Narsinghpur did not suffer from any apparent error of jurisdiction. 3. In the backdrop of the facts and circumstances of the case to be related hereinafter, the question inter alia which falls for determination by this Court is whether the Magistrate/Special Judge could straightway direct for submission of charge-sheet in case he refused to accept final report/closure report of the police/investigating agency and thereafter direct the police to submit charge-sheet in case he was of the opinion that the case was not fit to be closed and it required to be proceeded further. The question which also requires consideration is whether the Special Judge...
Tag this Judgment!Court : Supreme Court of India
GANGULY, J. 1. Leave granted. 2. This appeal is directed against the judgment of the High Court of Gujarat dated 22.04.2008 in Special Civil Application No.24233/2007, whereby the Respondent No. 1 herein, Essar Oil Limited (hereinafter Essar) was given the benefit of Sales Tax incentive under the Government of Gujarat Capital Investment Incentive to Premier/Prestigious Unit Scheme, 1995-2000 (hereinafter the said Scheme) 3. The State Government in the Industries and Mines Department vide Resolution dated 11.09.1995 introduced the said scheme to accelerate development of the backward area of the State and to create large-scale employment opportunities. 4. The operative period of the said scheme was from 16.08.1995 upto 15.08.2000, during which new units have to go into commercial production. 5. The Scheme envisaged grant of Sales Tax incentives by way of Sales Tax Exemption or Sales Tax Deferment or Composite Schemes, for Premier/Prestigious Units according to the location, investment a...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2012)2SCC315; (2012)1SCC(Civ)809; (2012)1CTC867(SC)
ALTAMAS KABIR, J.1. On 23rd December, 1988, the parties to the Special Leave Petition entered into an Agreement at Calcutta for supply of chemicals manufactured by the Respondent to the Petitioner. In continuation of the aforesaid Agreement, the parties arrived at a Mutual Understanding on 15th May, 1989, whereby the Respondent would adjust the advance lying with it and would exclusively supply to the Petitioner its two products, namely, Sodium Chromate and Sodium Dichromate in West Bengal, Bihar, Orissa and Assam. The Understanding between the parties included other terms and conditions as well. The terms of the Understanding entered into between the parties were reduced into writing in an agreement and the same was executed at Calcutta on 5th August, 1989, reiterating the terms of the Understanding and containing an additional clause indicating that Any dispute arising out of this agreement will be subject to Calcutta jurisdiction only. [Emphasis supplied].2. Since certain difference...
Tag this Judgment!Court : Supreme Court of India
G. S. Singhvi, J. 1. Leave granted in SLP (C) Nos.32750 of 2009 and 35350 of 2009. 2. Appellant - M/s. National Seeds Corporation Ltd. (NSCL) is a Government of India company. Its main functions are to arrange for production of quality seeds of different varieties in the farms of registered growers and supply the same to the farmers. The respondents own lands in different districts of Andhra Pradesh and are engaged in agriculture/seed production. They filed complaints with the allegation that they had suffered loss due to failure of the crops/less yield because the seeds sold/supplied by the appellant were defective. District Consumer Disputes Redressal Forums, Kurnool, Mehboob Nagar, Guntur, Khamman and Kakinada allowed the complaints and awarded compensation to the respondents. The appeals and the revisions filed by the appellant were dismissed by the Andhra Pradesh State Consumer Disputes Redressal Commission (for short, `the State Commission') and the National Consumer Disputes Red...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2012)2SCC294
P.Sathasivam,J.1) Leave granted.2) This appeal is directed against the final judgment and order dated 18.06.2008 passed by the Division Bench of the High Court of Karnataka at Bangalore in Criminal CCC No. 32 of 2005 whereby the High Court dismissed the petition of the appellants herein.3) Brief facts:(a) The appellants herein are the children and legal representatives of late M. Channappa, who was the original complainant/landlord before the High Court. Late M. Channappa was the owner of the property bearing Old Survey No. 39/2A, Yediur Village, Bangalore South Taluk. He let out the eastern half portion of the said property to one Kachu Krishna Achari and western portion to one P.V. Lingaiah on rent. In view of the extension of the City, the property fell into the Bangalore City limits and is presently situated on the K.R. Road and bears No. 2038/A.b) Late M. Channappa initiated eviction proceedings against both the said tenants and Kachu Krishna Achari came to be evicted pursuant to ...
Tag this Judgment!Court : Supreme Court of India
P.Sathasivam,J. 1) Leave granted. 2) This appeal is directed against the final judgment and order dated 06.08.2010 passed by the High Court of Judicature at Allahabad in Criminal Misc. Bail Application No. 28420 of 2009 whereby the High Court has granted bail to Mr. Ramakant Yadav - respondent No.2/accused in Case Crime No. 622 of 2009, FIR No. 63 of 2009 under Sections 302 and 307 of the Indian Penal Code, 1860 (in short `IPC'), Police Station Phoolpur, District Azamgarh, U.P. 3) Brief facts: (a) According to the appellant, he is the President of a political party, namely, Rashtriya Ulema Council. On 12.08.2009, a meeting of the Party was to be held at Phoolpur, District Azamgarh, U.P. from 10 a.m. to 4 p.m. and he was to attend the said meeting in the capacity of Chief Guest. b) At about 1.45 p.m., the appellant started towards the venue of the meeting and his convoy was being led by 10 to 15 supporters who were riding on motorcycles. At that moment, the second respondent/accused cam...
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