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division bench

This tag is associated with 148 posts

A public interest lititation writ of quo warranto the Court only makes a public declaration that the person holding the public office is a usurper and not eligible to hold the post and after the declaration is made he ceases to hold the office but can not order for recovery of salary/honorarium = Central Electricity Supply Utility of Odisha ……Appellant Versus Dhobei Sahoo & Ors. …..Respondents = http://judis.nic.in/supremecourt/filename=40949

A public interest lititation writ of  quo  warranto   the                Court only makes a public declaration that the person holding                the public office is a usurper and not eligible to  hold  the                post and … Continue reading

service matter – Departmental enquiry – dismissed from service – with out following procedure and with out supplying documents – Shobha Sinha …Appellant Vs. The State of Bihar & Ors. ….Respondents – http://judis.nic.in/supremecourt/imgst.aspx?filename=40893

Departmental enquiry – dismissed from service – with out following procedure and with out     supplying documents – single judge set the aside the order – remanded for fresh enquiry before review committee – committee constituted –  Review committee found that the delinquent is careless in her duty only as she did in routine … Continue reading

sec. 67 NDPS ACT and sec.25 of Evidence Act – whether the Officer are Police Officer and whether the officers can record a confessional statement from the Accused by force= TOFAN SINGH Vs. STATE OF TAMIL NADU published in judis.nic.in/supremecourt/filename=40880

sec. 67 NDPS ACT and sec.25 of Evidence Act – whether the Officer are Police Officer and whether the officers can record a confessional statement from the Accused by force – due to conflict judgments- referred to larger bench. = In our view the aforesaid  discussion  necessitates  a  re-look       into the ratio … Continue reading

Section 2(h) of the RTI Act – Kerala Co-operative Societies Act – Not public authority- THALAPPALAM SER.COOP.BANK LTD.& ORS. Vs. STATE OF KERALA & ORS. published in judis.nic.in/supremecourt/filename=40863

Cooperative  Societies  registered  under     the Kerala Co-operative Societies Act will not fall  within  the  definition   of “public authority” as defined under Section 2(h) of the RTI Act =       whether  a  co-   operative society registered under the Kerala  Co-operative  Societies  Act,   1969 (for short “the Societies Act”) will  fall … Continue reading

Service matter = U.P. Power Corporation Ltd. and another … Appellants Versus Virendra Lal (Dead) through L.Rs. …Respondents= published in judis.nic.in/supremecourt/filename=40846

Since the penalty was imposed by Board itself which is an appellant authority, it’s orders are not correct as per the regulations of Electricity Act as the employee was deprived of his appeal right    ; = whereby the  Division Bench has affirmed the judgment dated 23.9.2010 passed by the  State  Public Service Tribunal, Lucknow, (for short “the tribunal”) … Continue reading

Whether the development agreement is work contract liable for sale taxes under Karnataka sale Tax and also the materials used in the building are liable for sale tax ; Like wise those works are liable under VAT MVAT under Maharashtra laws Sale Tax on development agreement and sale tax on the goods used while constructing building under Karnataka sale tax and also value added tax under Maharashtra = value of the goods which can constitute the measure of the levy of the tax has to be the value of the goods at the time of incorporation of goods in the works even though property in goods passes later. Taxing the sale of goods element in a works contract is permissible even after incorporation of goods provided tax is directed to the value of goods at the time of incorporation and does not purport to tax the transfer of immovable property. The mode of valuation of goods provided in Rule 58(1A) has to be read in the manner that meets this criteria and we read down Rule 58(1-A) accordingly. The Maharashtra Government has to bring clarity in Rule 58 (1-A) as indicated above. Subject to this, validity of Rule 58(1-A) of MVAT Rules is sustained. Once we have held that Raheja Development1 lays down the correct law, in our opinion, nothing turns on the circular dated 07.02.2007 and the notification dated 09.07.2010. The circular is a trade circular which is clarificatory in nature only. The notification enables the registered dealer to opt for a composition scheme. The High Court has dealt with the circular and notification. We do not find any error in the view of the High Court in this regard. Moreover, the Advocate General for Maharashtra clearly stated before us that implementation of Rule 58(1-A) shall not result in double taxation and in any case all claims of alleged double taxation will be determined in the process of assessment of each individual case. 126. After having given answer to the reference, we send the matters back to the Regular Bench for final disposal.

published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40833     REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8672 OF 2013 (Arising out of SLP(C) No.17741 of 2007)       M/s. Larsen & Toubro Limited & Anr. …… Appellants   Versus   State of Karnataka & Anr. ……Respondents   WITH   CIVIL APPEAL NOS. 8673-8684 … Continue reading

changing his date of birth = whereby the Division Bench has overturned the judgment and order dated 14.6.2004 passed by the learned single Judge in W.P. No. 5700(W) of 2001 whereunder he had given the stamp of approval to decision dated 26.2.2004 by the General Manager of the appellant-company, who had rejected the objection of the respondent for changing his date of birth as recorded in his service excerpts and Form ‘B’ Register, the appellants have preferred their appeal by special leave.- “Implementation Instruction No. 76” has tried to support the order passed by the Division Bench. Para (A)(i) deals with Matriculation certificate. It reads as follows: – “(i) Matriculates. In the case of appointees who have passed Matriculation or equivalent examinations, the date of birth recorded in the said certificate shall be treated as correct date of birth and the same will not be altered under any circumstances.” Para (A)(v) deals with revision of determination of date of birth in respect of existing employees. Paras (A)(v)(i)(a) and (b) are as follows: – “v) Review determination of date of birth in respect of existing employees. i) (a) In the case of the existing employees Matriculation Certificate or Higher Secondary Certificate issued by the recognized Universities or Board or Middle pass Certificate issued by the Board of Education and/or Department of Public Instruction and admit cards issued by the aforesaid Bodies should be treated as correct provided they were issued by the said Universities/Boards/Institutions prior to the date of employment. (b) Similarly, Mining Sirdarhip, Winding Engine or similar other statutory certificates where the Manager had to certify the date of birth will be treated as authentic. Provided that where both documents mentioned in (i)(a) and (i)(b) above are available, the date of birth recorded in (i)(a) will be treated as authentic.”- It is a well-known principle that one of the ends of equity is to promote honesty and fair play. If a person has taken an undue advantage the court in its extraordinary jurisdiction would be within its domain to deny the discretionary relief. In fact, Mr. Singh, learned senior counsel for the appellants, has basically rested his submission on this axis. In our considered opinion, the Division Bench has erred in extending the benefit to the respondent who had taken undue advantage by not producing the Matriculation Certificate solely on the motive to get an entry into service. In view of our aforesaid premised reasons we are unable to concur with the view taken by the High Court in F.M.A. No. 169 of 2006 and, accordingly, the Judgment dated 17.8.2007 passed by the Division Bench is set aside. 19. Resultantly, the appeal is allowed with no order as to costs.

published in  http://judis.nic.in/supremecourt/imgst.aspx?filename=40832 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8634 OF 2013 (Arising out of S.L.P. (C) No. 22813 of 2007) Eastern Coalfields Ltd. and others … Appellants Versus Bajrangi Rabidas …Respondent         J U D G M E N T   Dipak Misra, J. … Continue reading

Company Laws = Whether the provisions of the Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter for short “SICA”) are applicable to the “foreign companies” registered in India under the provisions of Section 591 of the Companies Act, 1956 (hereinafter for short “the Act”) and, therefore, the revival scheme framed by the Board for Industrial and Financial Reconstruction (hereinafter referred to as “BIFR”) in respect of the Baranagore Jute Factory Plc. (hereinafter for short ‘the Respondent Company’) is required to be implemented. Section 3(o) of the Act which defines a sick industrial company in the following terms: “(o) “sick industrial company” means an industrial company (being a company registered for not less than five years) which has at the end of any financial year accumulated losses equal to or exceeding its entire net worth. Explanation.—For the removal of doubts, it is hereby declared that an industrial company existing immediately before the commencement of the Sick Industrial Companies (Special Provisions) Amendment Act, 1993 registered for not less than five years and having at the end of any financial year accumulated losses equal to or exceeding its entire net worth, shall be deemed to be a sick industrial company;”= In the aforesaid situation keeping in view the object and scheme of the Act and the virtual consensus of the contesting parties with regard to the present financial health of the respondent company it is clear that the company can no longer fall within the ambit of the expression “sick industrial company” as defined in Section 3(o) of the Act. Further applicability of SICA to the respondent company, therefore, does not arise.

published in    http://judis.nic.in/supremecourt/imgst.aspx?filename=40821      REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.8440-8445 OF 2013 (Arising out of SLP (C) Nos.39005-39010 of 2012)   Yash Deep Trexim Private Limited … Appellant (s)   Versus   Namokar Vinimay Pvt. Ltd. & Ors. … Respondent (s)   With Civil Appeal Nos.8446-8451 … Continue reading

Industrial dispute = The Industrial Tribunal/ Labour Court constituted under the Industrial Disputes Act is a creature of that statute. It acquires jurisdiction on the basis of reference made to it. The Tribunal has to confine itself within the scope of the subject matter of reference and cannot travel beyond the same. This is the view taken by this Court in number of cases including in the case of National Engineering Industries Limited v. State of Rajasthan & Ors. 2000 (1) SCC 371. 19. It is for this reason that it becomes the bounden duty of the appropriate Government to make the reference appropriately which is reflective of the real/ exact nature of “dispute” between the parties. In the instant case, the bone of contention is as to whether the respondent workmen were simply transferred by the appellant to M/s. Lafarge or their services were taken over by M/s. Lafarge and they became the employees of the M/s. Lafarge. Second incidental question which would follow therefrom would be as to whether they have right to join back the services with the appellant in case their service conditions including salary etc. which they were enjoying with the appellant are not given or protected by M/s. Lafarge? If it is proved that their service conditions are violated, another question would be as to whether they can claim the service benefits/ protection from M/s. Lafarge or they have the right to go back to the appellant?= It follows from the above that the reference in the present form is clearly defective as it does not take care of the correct and precise nature of the dispute between the parties. On the contrary, the manner in which the reference is worded shows that it has already been decided that the respondent workmen continue to be the employees of the appellant and further that their services were simply transferred to M/s. Lafarge. This shall preclude the appellant to put forth and prove its case as it would deter the labour court to go into those issues. It also implies that by presuming so, the appropriate Government has itself decided those contentious issues and assumed the role of an adjudicator which is, otherwise, reserved for the Labour Court/ Industrial Tribunal. 21. As a consequence, this appeal is allowed and the impugned judgment of the High Court is set aside. Sequitur to that would be to quash the references made in the present form. However, at the same time, direction is given to the appropriate Government to make fresh reference, incorporating real essence of the dispute as discussed in this judgment, within a period of two months from the date of receipt of the copy of this judgment.

published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40776 [REPORTABLE] IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 8246 OF 2013 (Arising out of Special Leave Petition (Civil) No. 20494 of 2011) M/s. Tata Iron & Steel Co. Ltd. …….Appellant(s) Versus State of Jharkhand & Ors. ……Respondent(s) WITH C.A. No. 8247/2013 (@ SLP(C) No. 21086 of 2011)   … Continue reading

Workmen compensation Act – whether the employee’s ischemic heart condition developed as a consequence of any stress or strain of his employment with the Appellant-company. – remanded = The Commissioner, Workmen’s Compensation (1st Court), West Bengal held on 24.6.2010 that the Applicant/Respondent had met with an accident on 27.12.1999 while in the employment of the Appellant and that considering his age, wages and injury he was entitled to compensation computed at Rs.12,00,000/- (Rupees Twelve Lac) which is the maximum awardable, together with simple interest at the rate of twelve per cent per annum till the date of realization. = His argument is that this health malady has not arisen as a consequence of the Respondent’s services with the Appellant, and hence no compensation was payable under Section 3 of the Employee’s Compensation Act, 1923 which comes into operation only in the event of an employee suffering personal injury caused by an accident arising out of and in the course of his employment.= whether the employee’s ischemic heart condition developed as a consequence of any stress or strain of his employment with the Appellant-company. There can be no gainsaying that the Employee’s Compensation Act, 1923 is a beneficial legislation requiring some play at the joints so far as considering a disabled employee’s claim is concerned. In these circumstances, parties shall appear before the Commissioner, Workmen’s Compensation (1st Court) West Bengal or its successor Court, as the case may be, on 11.11.2013. 4. The Appeal stands allowed accordingly.= A perusal of the impugned order makes it palpably clear that the Appellant-company’s Appeal was dismissed following the decision in FMAT No.1327 of 2010 (Dredging Corporation of India Ltd. v. P.K. Bhattacherjee). In these circumstances, this matter also requires to be remanded to the High Court of Calcutta for a fresh hearing in F.M.A. No.869 of 2010. Parties to appear before the High Court on 18.11.2013. 6. The Appeal stands allowed accordingly.

published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40779     NON-REPORTABLE   IN THE SUPREME COURT OF INDIA   CIVIL APPELLATE JURISDICTION   CIVIL APPEAL NO. 8278 OF 2013 [Arising out of S.L.P.(C)No.26414 of 2011]       Dredging Corporation of India Ltd. …..Appellant   Versus   P.K. Bhattacherjee …..Respondent   W I T H CIVIL APPEAL NO. 8279 OF 2013 … Continue reading

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