Court : Supreme Court of India
Dipak Misra, J.1. Leave granted.2. In these appeals, the challenge is to the common judgment and order dated 9.9.2008 passed by the Division Bench of the High Court of Gauhati, Assam in WA Nos. 448 of 2004, 459 of 2004 and 465 of 2004 whereby stamp of approval has been given to the judgment and order dated 19.11.2004 passed by the learned single Judge in WP(C) Nos. 7482 of 2002, 7843 of 2002, 7564 of 2002, 8081 of 2002 and 298 of 2003 whereunder the learned single Judge had maintained the order dated 11.10.2002 passed by the Assam Administrative Tribunal, Guwahati (for short "the tribunal") in Appeal Case No. 79ATA of 1999, and dismissed WP(C) Nos. 4028 of 2003, 4129 of 2003 and 1031 of 2003 which were preferred directly for issuance of mandamus commanding the respondent authorities to consider the previous services rendered by the petitioners therein prior to their appointments in the Assam Police Service (Junior Grade) in the year 1993 and to determine their inter se seniority in the...
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K.S. Radhakrishnan, J.1. Leave granted.2. Eve-Teasing is a euphemism, a conduct which attracts penal action but it is seen, only in one State, a Statute has been enacted, that is State of Tamil Nadu to contain the same, the consequence of which may at times drastic. Eve-teasing led to the death of a woman in the year 1998 in the State of Tamil Nadu which led the Government bringing an ordinance, namely, the Tami Nadu Prohibition of Eve-Teasing Ordinance, 1998, which later became an Act, namely, the Tamil Nadu Prohibition of Eve-Teasing Act, 1998 [for short 'the Eve-Teasing Act']. The Statement of Objects and Reasons of the Eve-Teasing Act reads as follows:”Eve-teasing in public places has been a perennial problem. Recently, incidents of eve-teasing leading to serious injuries to, and even death of a woman have come to the notice of the Government. The Government are of the view that eve-teasing is a menace to society as a whole and has to be eradicated. With this in view, the Gov...
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T.S. THAKUR, J.1. Leave granted.2. These appeals are directed against orders dated 19th April, 2010 and 27th August, 2010 passed by the High Court of Gujarat at Ahmedabad whereby the High Court has quashed 40 different complaints under Section 138 of the Negotiable Instruments Act, 1881 filed by the appellant against the respondents. Relying upon the decision of this Court in Vinod Tanna & Anr. v. Zaher Siddiqui & Ors. (2002) 7 SCC 541, the High Court has taken the view that dishonour of a cheque on the ground that the signatures of the drawer of the cheque do not match the specimen signatures available with the bank, would not attract the penal provisions of Section 138 of the Negotiable Instruments Act. According to the High Court, the provisions of Section 138 are attracted only in cases where a cheque is dishonoured either because the amount of money standing to the credit to the account maintained by the drawer is insufficient to pay the cheque amount or the cheque amount ...
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Jagdish Singh Khehar, J.1. The present controversy is a dispute of inter se seniority between Income Tax Inspectors of the Income Tax Department. Direct recruits and promotees are pitted on opposite sides.2. One of the matters in hand came to be considered by the Central Administrative Tribunal, Ahmedabad Bench, Ahmedabad (hereinafter referred to as "the CAT, Ahmedabad") in R.C. Yadav & Ors. vs. Union of India & Ors. (OA no.92 of 2003). The said Original Application had been filed by direct recruits. Another Original Application, on the same subject matter, being OA no.123 of 2003 (N.R. Parmar & Ors. vs. Union of India & Ors.) was filed by promotees. Both the OA no.92 of 2003 and OA no.123 of 2003 were decided by a common order dated 12.1.2004. In its determination the CAT, Ahmedabad held, that seniority of direct recruits would have to be determined with reference to the date of their actual appointment. The implicit effect of the aforesaid determination was, that the ...
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D.K. JAIN, J.1. The short question of law for consideration in these appeals, filed by the revenue, under Section 35L of the Central Excise Act, 1944 (for short "the Act") is whether 'soft serve' served at the restaurants/outlets commonly and popularly known as McDonalds, is classifiable under heading 21.05 (as claimed by the revenue) or under heading 04.04 or 2108.91 (as claimed by the assessee) of the Central Excise and Tariff Act, 1985 (for short "the Tariff Act").2. During the relevant period, the respondent-assessee was engaged in the business of selling burgers, nuggets, shakes, soft-serve etc. through its fast food chain of restaurants, named above. In so far as the manufacture and service of 'soft serve' is concerned, the assessee used to procure soft serve mix in liquid form from one M/s Amrit Foods, Ghaziabad; at Amrit Foods, raw milk was pasteurised, skimmed milk powder was added (the milk fat content in the said mixture is stated to be 4.9%, not exceeding 6% at any stage); ...
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Surinder Singh Nijjar, J.1. In this petition, under Article 32 of the Constitution of India, the petitioner seeks a writ in the nature of Certiorari for quashing the order of suspension dated 20th December, 1985 by declaring the same to be void-ab- initio. The petitioner also claims a declaration that the order dated 24th January, 2009 is void and that the petitioner is entitled to all benefits for the period of suspension from 20th December, 1985 till 26th March, 2008, when he was reinstated in service.2. We may briefly advert to the relevant facts on the basis of which the petitioner claims the aforesaid relief.3. On 28th December, 1979, the petitioner was selected by the Rajasthan Public Service Commission (R.P.S.C.) for the post of Assistant Public Prosecutor Grade II. He served on the said post till 28th July, 1980. On the very next day, i.e. 29th July, 1980, he was selected for appointment to the Rajasthan Judicial Service and joined as Judicial Magistrate First Class. For someti...
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Madan B. Lokur, J.1. The issue before us is whether the Trial Court and the High Court were both right in believing the testimony of PW-5 Srinivasan, a related and interested witness, that his brother Veerappan and his mother Marudayi were murdered by the appellants. Whether such an issue is of such public importance that it requires a decision from this Court is moot. But, be that as it may, we find no reason to disbelieve the witness and agree with both the Courts that his evidence should be accepted.2. Accordingly, we uphold the conviction and sentence of the appellants for having committed the murder of Veerappan and Marudayi.The facts:3. Appellant No. 1 (Raju @ Balachandran) is the father of appellant No. 2 (Rajkumar) and of appellant No. 3 (Sekar).4. The case of the prosecution was that there was some enmity between the appellants and Veerappan relating to a ritual called "Mandu Vettal" performed before worshipping God in their village. The enmity dated back to about 4 or 5 years...
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(SMT.) RANJANA PRAKASH DESAI, J.1. Leave granted.2. These appeals, by special leave, are directed against the order dated 27/03/2012 passed on Criminal Application No. 15/2012 and order dated 04/05/2012 passed on Criminal Application (App.) No. 533/2012 in Criminal Application No. 15/2012 by the Nagpur Bench of the Bombay High Court.3. The appellants are original accused 6 and 7 respectively ("accused 6 and 7", for brevity). Accused-6 is the husband of accused-7 and accused-5 is their daughter. The case of the complainant-Ashok Jairam Bhojane (for short "the complainant"), as evident from the F.I.R. dated 10/01/2012 lodged at Police Station, Jaulka, is that his son Nitin (the deceased) was married to accused-5 at Murtizapur in March, 2011. The deceased had given an amount of Rs.71,500/- to Baban Devlate because Baban Devlate had promised to give job to his brother-Vijay. Baban Devlate had given a cheque of Rs.50,000/- to the deceased and told him that if the job is not given, he may de...
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H.L. Gokhale J.1. Leave granted.2. These two Civil Appeals by Special Leave raise the question with respect to the approach the High Courts and the State Governments are expected to adopt towards the orders passed, and the interpretations of Govt. resolutions rendered by this Court. The question arises in the context of litigation concerning the promotional avenues for the teachers in Bihar Government Service.The relevant facts:-3. The facts leading to the two Civil Appeals herein are as follows:-The State of Bihar, which is respondent No.66 in these two appeals, set up a three member committee, in March 1976, with Shri Saran Singh, Member Board of Revenue, and Administrative Reforms Commissioner, as its Chairman. The terms of reference of this Committee were as follows:-"To hasten the avenues for promotion in the Bihar Civil Services, the government has approved junior selection grade 20%, senior selection grade 12.50% and posts of senior Deputy Collector 2.5%. The same percentage has...
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RANJAN GOGOI, J.1. Leave granted.2. The appellant is aggrieved by the dismissal of its suit by the learned trial court which decree has been affirmed in First appeal as well as by the High Court in Second Appeal.3. The plaintiff is a Private Limited Company engaged in the business of printing of calendars, diaries, stationery items, packing materials since the year 1983 in premises located in A-98/3, Okhla Industrial Area, Phase II, New Delhi. The plaintiff claims to be registered as a small scale industrial unit under the Directorate of Industries, Delhi Administration. According to the plaintiff it is also holding/held a license from the Municipal Corporation of Delhi for running the unit of printing press and has been registered under the Press and Registration of Books Act, 1867 and with the Registrar of Newspapers for India. The plaintiff also claims to have been allotted a code No. by the Reserve Bank of India for the purposes of import and export of calendars, diaries, booklets,...
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