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Indian Laws - Supreme Court - Case Laws
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1995 (2) TMI 467
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... ... ..... this that though they were last three in the list of eligible candidates, they were preferred over their seniors. The fourth person, namely RK Birendra Singh, is the senior most among the eligible candidates and it is because of this that of the remaining live his name was recommended. The appellant was immediately below RK Birendra Singh in the list of eligible candidates and had been rated as "goods", as was RK Birendra Singh; but as the Selection Committee could have recommended only four names, his name could not be recommended. 11. The aforesaid shows that no illegality had been committed by the Selection Committee or injustice had been caused in not recommending the name of the petitioner prior to 1981 for his promotion to Indian Administrative Service. We, therefore, do not read any infraction of Article 16 in the appellant having been promoted pursuant to the recommendation made in 1981 only. So, the appeal has to be dismissed, which we hereby do. No costs.
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1995 (2) TMI 465
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... ... ..... extension of time either to furnish the bank guarantee or to make the payment as aforesaid, will be entertained by this Court. (5) The contemners shall not leave the country without the express permission of this Court. (6) List of properties given by the contemners is taken on record. The contemners will also file a list of properties held by their sons and unmarried daughters within one week from today. (7) If and when any property that is attached under this Order is sought to be alienated or encumbered to raise money to pay the liability of ₹ 11 crores stated above, the contemners will be at liberty to approach the Court for permission to do so. (8) The attachment of the properties and the bank accounts shall stand raised on the contemners furnishing the bank guarantee as aforesaid. (9) The order with regard to the disbursal of the amount deposited will be passed after the amounts are deposited as aforesaid. 71. The Contempt petition is ordered in the above terms.
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1995 (2) TMI 464
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... ... ..... have passed an interim order giving such a direction. In the circumstances we are unable to uphold the said interim order 14.The appeal is, therefore, allowed, the interim order passed by the High Court regarding crediting the sum of ₹ 95,000/in the current account No. 318 of the respondents is set aside. Since the appellant-bank has already deposited-the said amount of ₹ 95,000/- in the current ac- count of respondents in pursuance of the said directions of the High Court it is directed that the respondents will refund the said amount to the appellant-bank within a period of one month and on their failure to do so the High Court will take steps to enforce the undertaking that has been furnished by the respondents in pursuance of the said interim order. It will be open to the learned counsel for the parties to request the High Court for an early disposal of the Writ Petition and the High Court will give due regard to such a request if made. No order as to costs.
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1995 (2) TMI 463
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... ... ..... kms. away, came to the shop of the accused, sold the tins with the label and also issued a bill having the warranty. The accused in turn sold the article in the same form to PW3. At that juncture no knowledge about the non-existence of the firm could be attributed to the accused and he could not be expected to verify as to what the actual position was regarding the existence of the firm at a place which was 200 kms. away. It may be that the firm was in existence and if for any reason subsequently the firm does not exist, the accused cannot be deprived of the defence to which he is entitled to under Section 19(2). Therefore, in the facts of the case it must be held that the accused has duly discharged the burden to the extent necessary under the above mentioned provisions. For the reasons stated above, we set aside the conviction and sentence awarded and allow the appeal. The fine, if already paid, shall be refunded. The appellant is on bail. The bail bonds stand discharged.
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1995 (2) TMI 457
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... ... ..... mentioned in this Court's aforesaid order dated 10.5.93, the respondents had made themselves liable to forfeiture of the earnest money. As, however, the earnest money which was deposited was not 10 of the premium as required by the amended Nazul Rules, but was a fixed sum of ₹ 5 lakhs in C.A. No.931/35 mentioned in the offer of 1. 10. 90, the earnest money which had become liable to be forfeited was a sum of ₹ 5 lakhs, and not 10 of the total premium calculated at the rate of ₹ 1650.65. 9. The appeals, therefore, stand allowed by modifying the High Court's order by stating that the amount to be refunded to the respondents would not include earnest money which had been deposited by them. The remaining amount would be refunded by the appellant within a period of 4 weeks from today, failing which the respondents would be entitled for interest 18 per annum from today till payment In the facts and circumstances of the cases, we make no order as to costs.
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1995 (2) TMI 453
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... ... ..... so on). The High Court has assumed, even without referring to Regulation 68 aforesaid that holding of an oral inquiry was obligatory. Indeed, one of the questions in the writ petition may be the interpretation of Regulation 68. On facts, the first respondent has his own version. In the circumstances, the writ petition could not have been allowed unless it was held that the appellant's version of events is not true and that the first respondent's version is true. In the circumstances, we have no alternative but to set aside the order under appeal and remit the matter to the High Court once again for disposal of the writ petition afresh in the light of the observations made herein. Since the matter is a very old one it is but appropriate that the matter is dealt with expeditiously. Perhaps, it would be appropriate if the Court looks into the records relating to the disciplinary proceedings also. 8. The appeal is accordingly allowed with the above directions. No costs.
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1995 (2) TMI 452
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... ... ..... the declaration given by it that Section 4 was ultra vires could not be put at naught by a decision given by this Court in respect of another Act. The proper course for the learned Single Judge was to refer the matter to the Division Bench. In the absence of any such decision by a larger bench the section could not revive. 6. Learned counsel for the respondent pointed out that in pursuance of the order passed by the High Court fair rent has been determined by the Rent Control Officer without reference to Section 4 of the Act and the matter is pending in appeal. Maybe, that is not the issue as the validity of that order shall be considered by the appellate authority. 7. In the result this appeal succeeds and the direction issued by the learned Judge to the following effect "The Rent Controller is directed to proceed with the determination of fair rent in terms of Section 4 of the A.P. Rent Control Act expeditiously." Shall stand deleted. 8. No costs. Appeal allowed.
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1995 (2) TMI 451
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... ... ..... inform itself fully about the peculiarities of a particular local situation, a court should hesitate to dub the legislative classification irrational (see Carmichael v. Southern Coal & Coak Co., (1936) 301 US 495) Tax Laws, for example, may respond closely to local needs and court’s familiarity with these needs is likely to be limited. Therefore, the Court must be aware of its own remoteness and lack of familiarity with the local problems. Classification is dependent on peculiar needs and specific difficulties of the community, The needs and the difficulties of a community are constituted out of facts and information beyond the easy ken of the court." The above perspective has been restated by the Constitution Bench in R.K Garg v. Union of India and Ors. (AIR 1981 SC 2138), at paragraph 2147,paragraph 8, which we have adverted to,in the earlier portion of this Judgment. 13. There is no merit in this appeal. It is dismissed. There shall be no order as to costs.
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1995 (2) TMI 449
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... ... ..... the 50 vacancies. If 8 vacancies are given to them then in the cadre of 100 posts the reserve categories would be holding 24 posts thereby increasing the reservation from 16 to 24 . On the contrary if the roster is permitted to operate till the total posts in a cadre are filled by the same category of persons whose retirement etc. caused the vacancies then the balance between the reserve category and the general category shall always be maintained. We make it clear that in the event of non-availability of a reserve candidate at the roster-point it Would be open to the State Government to carry forward the point in a just and fair manner. 12. We, therefore, find considerable force in the second point raised by the learned counsel for the petitioners. We, however, direct that the interpretation given by us to the working of the roster and our findings on this point shall be operative prospectively. 13. The writ petition is, therefore, disposed of in the above terms. No costs.
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1995 (2) TMI 448
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... ... ..... ether the Amendment Act applies not only to the proceedings which were pending when the Amendment was brought into force but also to the proceedings initiated afterwards in Shiorani v. State of Maharashtra (1994 Mah LJ 1821); and has opined that it applies to later proceedings also. We are in agreement with the reasoning and the conclusion of the Full Bench, as this is clear even from the opening part of sub-section (4). Therefore, the Division Bench of the High Court was not right its conclusion that the Amendment Act would apply only to the pending proceedings. 15. All the appeals, except Civil Appeal No. 62 of 1992, are allowed; Civil Appeal No. 62 of 1992, however, stands dismissed. The orders and judgments of the High Court in the appeals hereby allowed are set aside. Consequently, the notifications and the declarations which are the subject-matter of those appeals stand upheld. The authorities would be at liberty to proceed further in accordance with the law. No costs.
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1995 (2) TMI 445
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... ... ..... .Ws. 2 and 3 and in the absence of any independent corroboration such discrepancy does not inspire confidence about the reliability of the prosecution case. We have also noted another disturbing feature in this case. PW-3, Siri Chand, head Constable arrested the accused and on search being conducted by him a pistol and the cartridges were recovered from the accused. It was on his complaint a formal first information report was lodged and the case was initiated. He being complainant should not have proceeded with the investigation of the case. But it appears to us that he was not only the complainant in the case but he carried on with the investigation and examined witnesses under Section 161, Cr.P.C. Such practice, to say the least, should not be resorted to so that there may not be any occasion to suspect fair and impartial investigation. 5. In the aforesaid facts and circumstances, we allow this appeal and set aside the conviction and sentence passed against the appellant.
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1995 (2) TMI 442
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... ... ..... ty. Hence, in this case M/s Neo Chemical and Metal Products Pvt. Ltd. would be liable for the past arrears. 64. In view of the foregoing, we upheld the judgment of the High Court in Waxpol Industries (CWJC No. 25 of 1986). However, in view of the peculiar facts, the judgments of the High Court in Suman Packaging (CWJC No. 5358/92), Abhay Kumar (CWJC No. 11330/93) and North East Fertilizers Pvt. Ltd. (CWJC No. 7299 of 1992) are also upheld. 65 As regards M/s. Isha Marbles (CWJC No. 1536 of 1991) we set aside the judgment of the High Court. 66. Civil Appeal No. 1418 of 1995 (arising out of SLP(C) No. 617 of 1992 (Isha Marbles) is allowed accordingly with costs. Civil Appeal Nos. 1420, 1419, 1422 & 1421 of 1995 (arising out of SLP (C) Nos. 16227/92 - Waxpol Industries Pvt. Ltd., SLP (C) No. 18224 of 1993 - Suman Packaging Pvt. Ltd., SLP(C) No. 10253 of 1994 - Abhay Kumar and SLP(C) No. II 806 of 1994 - North East Fertilizers Pvt. Ltd. respectively) are dismissed with costs.
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1995 (2) TMI 441
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... ... ..... be available to general category candidates as listed in order of merits in the list at annexure-C. The moment these 11 posts are filled up within 1 year of the publication of list at annexureC this list will get exhausted or if for any reason these II vacancies could not be filled up by the time one year from the date of publication of the list is over, even then the list would get exhausted and fresh recruitment will have to be made in the light of fresh requisition from the State. For computing one year's currency of impugned select list as per rule 41, the period during which appointments were stayed during pendency of these proceedings would naturally got excluded. The contention no.8 therefore will stand accepted to the aforesaid extent. In the result this writ petition fails subject only to the directions issued by us to the State Government while accepting contention no. 8 aforesaid. In the facts and circumstances of the case, there will be no order as to costs.
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1995 (2) TMI 439
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... ... ..... as we have discussed earlier, dearly attract the applicability of Section 41 of the Small Causes Courts Act as both the conditions for its applicability, namely, that they are suits between licensees and licensors and they relate to recovery of possession of immovable properties situated in Greater Bombay are complied with. Consequently the conclusion is inevitable that the aforesaid suits as filed by the appellants were not cognizable by the City Civil Court, Bombay and they could be entertained only by the Small Causes Court, Bombay, and fall within the exclusive jurisdiction of the latter court. As a result of this discussion, both these appeals fail. The City Civil Court is directed to return the plaints in both these cases to the respective appellants for being presented to proper Court of Small Causes, Bombay, if so advised. Appeals are accordingly dismissed subject to the aforesaid direction to the City Civil Court, Bombay. No order as to costs in both these appeals.
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1995 (2) TMI 436
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... ... ..... es of the registered agreements were prejudicial to the public interest. It need not be impressed that any finding recorded by the Commission under Section 37 and direction given in terms of clauses (a) and (b) of sub-section 1 of Section 37 has a far reaching effect. As such every aspect of the matter is required to be examined in the light of the provisions of Sections 37 and 38 of the Act before an order to 'cease and desist' is passed by the Commission. 17. Accordingly, the appeals are allowed. The impugned order passed in the 15 enquiries by the Commission is set aside and the Commission is directed to examine the questions involved afresh on the basis of the material produced on behalf of the parties. It will be open to the Commission to require any of the parties to adduce further evidence, oral or documentary, in order to enable it to come to the conclusion one way or the other. In the facts and circumstances of the cases, there shall be no orders as to cost.
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1995 (2) TMI 435
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... ... ..... the negative. 28. As all the points raised by the writ petitioners are answered against them, the inevitable result is that the orders passed by the High Court in their favour by partly allowing the writ petitions will have to be quashed and set aside and their writ petitions will have to stand dismissed. In the result Civil Appeal Nos.275/94 and 276/ 94 are allowed. The judgment and order of the High Court in M.P.No. 10/93 dated 17.12.93 are quashed and set aside and the writ petition is dismissed. Similarly, appeal No. 1994/95 from SLP(C) No. 3395 of 1994 moved by, the State of Madhya Pradesh is also allowed. The judgment and order of the High Court in Misc. Petition No.7907/92 dated 17.12.93 are quashed and set aside and the said petition is also dismissed. Civil Appeal No.1995/95 arising out of SLP(C) No. 8190/94 moved by M/s. Birla Jute and Industries Ltd. is dismissed. In the facts and circumstances of the case, there will-be no order as to costs in all these matters.
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1995 (2) TMI 434
Whether the appellant is liable to pay compensation to the tune of ₹ 1,10,000/- together with interest thereon at the rate of 12% from the date of the presentation of the petition to respondents 1 to 3?
Held that:- In the present case, the premium which has been paid is at the rate of ₹ 12/- per passenger and is clearly referable to the statutory liability of fifteen thousand rupees per passenger under Section 95 (2)(b)(ii) of the Motor Vehicles Act, 1939. In the present case, there is no special con- tract between the appellant-company and respondent No. 4 to cover unlimited liability in respect of an accident to a passenger. In the absence of such an express agreement, the policy covers only the statutory liability. The mere fact that the insurance policy is a comprehensive policy will not help the respondents in any manner. It does not mean that the limit of liability with regard to third party risk becomes unlimited or higher than the statutory liability. For this purpose, a specific agreement is necessary which is absent in the present case.The appellant-company is, therefore, entitled to succeed to the extent that it has been directed to pay to respondents 1 to 3 any amount in excess of ₹ 15,000/-.
The, appeal is, therefore, allowed to this extent. The liability of the appellant and respondents 4 and 5 to pay the amount of the award was joint and several.
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1995 (2) TMI 406
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... ... ..... sion of the Meeting of the Committee of Secretaries held on November 12, 1993. I have no reason to doubt that such a request would be considered by the nodal Ministry and the AIR and Doordarshan on its merits, keeping in view the public interest. In case of any difference of opinion or dispute regarding the monetary terms on which such telecast is to be made, matter can always be referred to an Arbitrator or a panel of Arbitrators. In case, the nodal Ministry or the AIR or Doordarshan find such broadcast/telecast not feasible, then they may consider the grant of permission to the organisers to engage an agency of their own for the purpose. Of course, it would be equally open to the nodal Ministry (Government of India) to permit such foreign agency in addition to AIR/ Doordarshan, if they are of the opinion that such a course is called for in the circumstances. 207. For the above reasons, the appeals, writ petition and applications are disposed of in the above terms. No costs.
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1995 (2) TMI 359
Whether the payment of one fourth of the amount of auction-sale by cheque is a valid tender within the meaning of Rule 285-D of U.P. Zamindari Abolition and Land Reforms Rules, 1952?
Held that:- It is settled law that the Provisions of Order 21, Rule 84, 85 and 86 of the Code of Civil Procedure are manda- tory and the provisions of Rules 285- D and 285-E being similar in terms of the aforementioned corresponding provisions of the Code of Civil Procedure and in view of the aforesaid discussion there is no escape from declaring the sale a nullity if Rule 285-D is not complied with.
Deposit of 25 per cent of the bid amount by cheque will not be a valid tender within the meaning of the rule. Appeal allowed.
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1995 (1) TMI 419
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... ... ..... ere with the award of the Collector, though the Collector had committed palpable error of law in separately awarding the compensation to the land as well as fruit being trees, it is an offer which cannot be disturbed because of Section 25 of the Acts. The rate of compensation should have been less than what the Collector has awarded, we cannot reduce the amount to less than the amount offered by the Collector, yet we have to hold that the Collector, civil court and the High Court should have applied 8 years multiplier and determined the compensation. They awarded much more than what the claimant would justly and fairly be entitled to. Therefore, further enhancement of 60% by the High Court on the basis of the Price Index is clearly illegal. 5. The appeals are accordingly allowed. The Judgment and decree of the High Court is set aside and the award and decree of the reference Court is affirmed. In the circumstances of the case, the parties are directed to bear their own costs.
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