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Indian Laws - Case Laws
Showing 21 to 37 of 37 Records
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1997 (7) TMI 674 - SUPREME COURT
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... ... ..... ot over age on the cut off date which was, in that case 1st of January, 1992. The contention was raised on a wrong reading of the date of birth. It is now accepted by the parties that the correct date of birth of the petitioner in that case was 1st of January, 1959 and not 19th January 1959 as originally urged. The petitioner would, therefore, complete 33 years of age which was the maximum age prescribed in the concerned advertisement, on 1st of January 1992, the cut off date. His case, therefore, is not different from the case of other aggrieved candidates before us who are age barred on the cut off date. In the premises the appeals of the candidates who have challenged the cut off date under the relevant Rules are dismissed while the appeal filed by the State of Rajasthan are allowed. The validity of the concerned Rules relating to the cut off date being fixed with reference to 1st January of the year following the application is upheld. There will be no order as to costs.
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1997 (7) TMI 671 - SUPREME COURT
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... ... ..... onflict upon the two Benches. The large Bench, then, has to consider the correctness of earlier decision in disposing of the later application. The larger Bench can over-rule the view taken in the earlier judgment and declare the law, which would be binding on all the Benches (See Jhon Lucas (supra). In the present case, what we find is that tribunal rejected the application of the appellants thinking that appellants are seeking setting aside of the decision of the tribunal in Transfer Application No. 263 of 1986. This view taken by the Tribunal was not correct. The application of the appellant was required to be decided in accordance with law. For the aforesaid reasons, the order of the Administrative Tribunal dated 14.8.1987 passed in O.A. No. 47 of 1990 is set aside and the case is sent back to the Tribunal for decision on merits preferably within three months from the date of receipt of the copy of the Judgment. The appeal is allowed. There shall be no order as to costs.
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1997 (7) TMI 670 - SUPREME COURT
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... ... ..... as of right is not entitled to the promotion as PGT (Sanskrit), that too in a post reserved for Scheduled Castes. But since the first respondent has been working since 1986 in PGT (Sanskrit) from June, 1986 when the post fell vacant, the facts and circumstances, we think that the appellants have to be directed to create a supernumerary post of PGT (Sanskrit) and allow the first respondent to continue in that post till he retires. That post may be be created in any school or directorate as the case may be. He would be entitled to the scale of pay of PGT (Sanskrit) from the date of the creation of the post. This direction to adjust him by creation of supernumerary post and to permit the first respondent to continue in that post should not be treated as a precedent in any other case. No one is entitled to jump the regular channel merely on the basis of by qualification acquired or the basis of having officiated in a higher post. The appeal is accordingly disposed of. No costs.
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1997 (7) TMI 667 - SUPREME COURT
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... ... ..... and the execution of the housing project "Anupama" by this joint sector company, in the given circumstances, on the land in question which is part of the bigger piece of land is not in public interest. The Housing Board acts as regulatory body and the State Government overseas the housing project and has also imposed certain terms and conditions. No ulterior purpose has been alleged and it cannot be said that the power exercised by the State authorities are in any way arbitrary or irrational or there is any abuse of power. Rather the legal compulsion of the State and the Housing Board to get the housing project executed through a joint sector company is quite understandable. We also find the impugned action is within the purview of law and is valid. Accordingly, these appeals are allowed, judgment of the Division Bench of the Calcutta High Court is set aside and the writ petitions filed by the respondents are dismissed. However, there will be no order as to costs.
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1997 (7) TMI 666 - SUPREME COURT
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... ... ..... aid applications. The correctness of the decision of the Full Bench of the Tribunal has been affirmed by this Court in Chairman, Railway Board & Ors. V. C.R. Rangadhamaiah & Ors., Civil Appeals Nos. 4174-4182 of 1995 and connected matters decided today. Having regarding to the facts and circumstances of the case, we are of the view that this was a fit case in which the Tribunal should have condoned the delay in the filing of the application and the appellants should have been given relief in the same terms as was granted by the Full Bench of the Tribunal. The appeal is, therefore, allowed, the impugned judgment of the Tribunal is set aside, the delay in filing of O.A. No. 774 of 199 is condoned and the said application is allowed. The appellants would be entitled to the same relief in matter of pension as has been granted by the Full Bench of the Tribunal in its judgment dated December 16, 1993 in O.A. Nos. 395-403 of 1993 and connected matters. No order as to costs.
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1997 (7) TMI 662 - SUPREME COURT
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... ... ..... per Rule 2544 as it stood on the date of retirement. The Full Bench of the Tribunal has, in our opinion, rightly taken the view that the amendments that were made in Rule 2544 by the impugned notifications dated december 5, 1988, to the extent the said amendments have been given retrospective effect so as to reduce the maximum limit from 75 to 45 in respect of the period from January 1, 1973 to March 31, 1979 and reduce it to 55 in respect of the period from April 1, 1979, are unreasonable and arbitrary and are violative of the rights guaranteed under Articles 14 and 16 of the Constitution. For the reasons aforementioned, the appeals as well as special leave petitions filed by the Union of India and Railway Administration are dismissed. But in the circumstances, there will be no order as to costs. Special Leave Petitions Nos. 18721/1995, 4290-4307/1996,18280/1995, 20547/1995 and 3282-83/1997 are delinked and they may be listed before the appropriate Bench. Appeals dismissed.
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1997 (7) TMI 661 - SUPREME COURT
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... ... ..... endence Day. He is also convicted for an offence under Section 5 of the TADA Act and is sentenced to undergo imprisonment for three years. Both the sentences are directed to run concurrently. The appeal against the first respondent is allowed accordingly. Appeal against the second respondent is dismissed. 48. Bail bond of the first respondent stands cancelled. The Superintendent of Police, Rajkot is directed to take the first respondent into custody immediately to serve out the sentence. He also directed to report compliance of the said direction to the Registry of this Court. The bail bond of the second respondent is discharged. 49. Before parting with the matter, we place on record our appreciation for the excellent and efficient service rendered by Mrs. N. Anapurna, Senior Stenographer who has always taken long dictation of heavy matters in the Court and transcribed accurately as was dictated to her. Accordingly, we place on record our commendation for her excellent work.
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1997 (7) TMI 660 - SUPREME COURT
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... ... ..... s from the State Government can be appreciated but the policy decision of the State Government and consequential State action in entering into agreements with the respondents cannot be struck down on the vice of irrationality and arbitrariness. It has been submitted by the learned counsel for the State that the State Government is not oblivious of such need and also not averse to old industrial units which also use sal seeds for their plants. We reasonably expect that the government will be alive to the need of sal seeds by the industrial units operating in the State of M.P. and in future when the policy will be reviewed by the State Government, it will take into consideration the felt need of proper distribution of sal seeds to different classes of industrial units with appropriate pragmatism. We, therefore, find no reason to interfere with the impugned decision of the High Court. These appeals, therefore, fail and are dismissed. There will be, however, no order as to costs
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1997 (7) TMI 659 - SUPREME COURT
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... ... ..... t of the Hallucination with which prosecution and its witnesses were suffering. It is accordingly discarded and cannot be acted upon. 53. A little effort on the part of the trial court would have revealed to it the falsity of the prosecution case, but it proceeded in a mechanical manner and ultimately convicted the appellant ignoring that there was a deliberately delayed FIR and the case set out therein was sought to be proved through highly interested witnesses, instead of independant witnesses, and also by bringing on record a Confessional statement which contained false facts. This leads to the conclusion that the trial judge was sitting only to convict forgetting that judiciary holds the SCALES even, not tilted. 54. For the reasons stated above, the appeal is allowed, the judgment dated 8.2.1994 passed by the trial court is set aside and the appellant is acquitted of all the charges. He is in jail. He shall be set at liberty forthwith, unless required in some other case.
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1997 (7) TMI 654 - DELHI HIGH COURT
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... ... ..... rator that the respondents have themselves admitted in their pleadings that they had accepted ST-I form in lieu of the sales tax. Arbitrator held that claim of compensation of delayed payment of sales tax was not sustainable when the sales tax itself was not required to be paid. Where is the question for payment of compensation for the delayed payments. (5) I do not see any force in the arguments of the learned Counsel appearing for the respondents. Objections of the respondents are dismissed. As the petitioners have not filed objection regarding not awarding pendente lite interest, the prayer of the petitioner regarding award of pendente lite interest to the petitioner is also rejected. Ia stand disposed of. Suit No. 378-A/1992 Award is made rule of the Court. If the respondents do not make the payment under the award within a period of four months, petitioners-claimant shall be entitled to the interest at the rate of 18 p.a. from the date of the award till its realisation.
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1997 (7) TMI 651 - SUPREME COURT
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... ... ..... what has been said, so much as necessary for this case. A right to elect, fundamental though it is to democracy, is, anomalously enough, neither a fundamental right nor a common law right. It is pure and simple, a statutory right. So is the right to be elected. So is the right to dispute an election. Outside of statute, there is no right to elect, creations they are, and therefore, subject to statutory limitation." In view of the settled law on the point, in must be held that the right to vote is subject to the limitation imposed by the statute which can be exercised only in the manner provided by the statute; and that the challenge to any provision in the statute prescribing the nature of right to elect cannot be made with reference to a fundamental right in the Constitution. The very basis of challenge to the validity of sub-section(5) of Section 62 of the Act is, therefore, not available and this petition must fail. Consequently, this petition is dismissed. No costs.
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1997 (7) TMI 650 - SUPREME COURT
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... ... ..... atch Industries (P) Ltd. vs. State of Tamil Nadu (1996) 4 SCC 281, Indian Aluminium Company vs, State of Kerala (1996) 7 SCC 637; and Meerut Development Authority and Ors. vs. Satbir Singh and Ors., (1996) 11 SCC 462, the impugned Act, namely, the Haryana Act XX of 1995 is valid to the extent indicated by Brother Pattanaik. In this case the rule of seniority has been altogether altered and replaced by a new law made with retrospective effect so as to do away the mischief under which an undue advantage was being provided to a direct recruit, which was wholly inequitous and not sustainable on the principles of equity. 8. I also agree that the judgments of the Punjab and Haryana High Court are liable to be set aside, with a direction to the state Government to re determine the question of seniority in the light of this judgment and the Haryana Act XX of 1995. 9. The civil Appeals, the Writ Petition and the Transferred Cases are disposed of accordingly with no order as to costs.
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1997 (7) TMI 649 - SUPREME COURT
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... ... ..... n impression of the Council as projected, but by reason thereof, it is difficult to conclude that the Council has not applied its mind to the relevant facts before calling for further report. Though Shri Rao sought to impress upon us that on a reading of the report originally taken note of from the cover of the booklet of the EXIM Bank, it does not constitute professional misconduct. We decline to go into that question for the reason that any finding recorded by this Court would adversely affect either party. Therefore, we do not propose to express any opinion in that behalf. It is for the Council to consider the same, after the receipt of further report from the Disciplinary Committee. We accordingly allow the appeal, set aside the judgment of the High Court and uphold the direction issued by the Council to Disciplinary Committee to make further enquiry and to submit a further report in that behalf. The appeal is accordingly allowed but, in the circumstances, without costs.
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1997 (7) TMI 641 - SUPREME COURT
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... ... ..... ptly submitted to this Court for its satisfaction that the concerned authorities have not failed to perform their legal obligations and have reasonably come to such conclusion. No such report having been submitted by the CBI or any other agency till now in this Court, action on such a report by this Court would be considered, if any when that occasion arises. We also direct that no settlement should be arrived at nor any offence compounded by any authority without prior leave of this Court. We may add that on account of the great public interest involved in this matter, the CBI and other Government agencies must expedite their action to complete the task and prevent pendency of this matter beyond the period necessary. It is needless to observe that the results achieved so far do not match the available time and opportunity for a full investigation ever since the matter came to light. It is of utmost national significance that no further time is lost in completion of the task.
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1997 (7) TMI 600 - SUPREME COURT
Whether the Regulation would apply to transfer of Government land to a non-tribal?
Whether the Government can grant mining lease of the lands situated in scheduled area to a non-tribal?
Whether the leases are in violation of Section 2 of the FC Act?
Whether the leases are in violation of Environment Protection Act, 1986 (for short, the 'EP Act')?
Held that:- It is an admitted position that five enclosures comprise of 426 acres of land occupied by the tribals in those villages. Re-survey started in 1990 jointly by Revenue, Forest and Mining Departments and was completed and the report was made on August 2, 1990. Though 14 villages with five enclosures were notified as Borra reserved forest in GOMs No. 2997 F & A dated October 31 1,1966, they stood excluded from reserved forest area. Therefore, the lands in the enclosures being cultivated by the tribals are their patta lands and are entitled to get pattas by the concerned officers. It is conceded on behalf of the respondents that the Government have no power to grant mining leases for these lands situated within the enclosures.
It is seen from the evidence that the mining leases were granted by the State Government or were transferred and retransferred with the sanction of the State Government from private individuals to juristic persons, the partnership firms or companies. The lands with mining area are situated either in the reserved forest or forest land or within the scheduled area. Therefore, all the mining leases or renewals thereof are in violation of the Fifth Schedule. Equally, mining leases/renewals of mining leases by the, State Government are in violation of Regulation 3(1)(a) read with Section 3(2) of the Regulation and F.C. Act. Therefore, they are all void.
The State Government, therefore, is directed to ensure that all concerned industrialists, be they natural or juristic person stop forthwith mining operations within the scheduled area, except where the lease has been granted to the State Undertaking, i.e., A.P.S.M.D. Corporation; they should report compliance of this order to the Registry of this Court within six months of the receipt of this judgment. The lessees of mining leases are directed not to break fresh mines; however, in the meanwhile, they are entitled to remove the minerals already extracted and stocked in the reserved forest area within four months time from today. All concerned authorities are directed to ensure compliance thereof. Even the State Undertaking carrying the mining operations, would be subject to the regulations under the FC Act and EPA. It would be open to the State Government to organise Co-operative., Societies composed solely of the Scheduled Tribes to exploit mining operations within the scheduled area subject to the compliance of the FC Act and EPA.
The appeal of Samatha are accordingly allowed. The judgment of the High Court stands set aside and directions are issued accordingly.
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1997 (7) TMI 599 - SUPREME COURT
Whether the age of superannuation of the non-teaching staff of the Osmania University should be raised to 60 years when the University has fixed the age of superannuation of the teaching staff of the University at 60 years?
Held that:- Appeal dismissed. The decision of the High Court that when the age of the teaching staff of the University has been increased to 60 years the age of superannuation of the non-teaching staff should also be changed in the similar manner in order to bring parity in the service conditions of the salaried staff of the University in obedience of the mandate under Section 38 (1) of the Act, is justified.
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1997 (7) TMI 597 - SUPREME COURT
Public Interest Litigation-Petition filed for rehabilitation of children of Prostitutes-Held, such children have right to equality of opportunity, dignity, care, protection and rehabilitation, to be part of the mainstream of social life without any stigma-Mahajan Committee Report workable at National level-Suggestions in Mahajan Committee Report regarding child development and care centres requires to be examined-Children of prostitutes and even child prostitutes to be treated as `neglected juveniles' as defined in Juvenile Justice Act-No stigma to be attached to such children-To be rescued from redlight areas and temporarily shifted to Juvenile Homes-Thereafter to be rehabilitated-Establishing Juvenile Homes- Of- ficers in charge of Juvenile Homes to protect the children in Juvenile Homes-Mandatory obligation of State-Constituting Juvenile Welfare Board- Rescue and rehabilitation operation to be kept under Department of Women and Child Development under Union Ministry of Human Resources-NGOs to be associated with the rehabilitation work-Union Minister of Welfare to constitute a Committee within one month for evolving suitable schemes and to submit report within three months thereafter-State Govern-ments to implement the Schemes-Permanent Committee of Secretaries to be constituted to review the progress of the implementation of the Schemes-Periodical progress report to be submitted to Supreme Court-Juvenile Justice Act, 1986.
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