advocatemmmohan
Uttar Pradesh
Chapter III of Part VI of the Constitution deals with the State Legislature. Article 168 relates to constitution of Legislatures in States and Art.212, 252- New Government passed amendment bill extending the term of office from 6 to 8 years under Uttar Pradesh Lokayukta and Up-Lokayuktas (Amendment) Act, 2012 (for short “the Amendment Act”) – Challenged on the ground that it was made for the purpose JUSTICE N.K. MEHROTRA WHO TERM WAS COMPLETED ON 15-3-2012 AND HIS CONTINUATION WAS ALSO CHALLENGED – Apex court held that Article 252 also shows that under the Constitution the matters of procedure do not render invalid an Act to which assent has been given to by the President or the Governor, as the case may be. Inasmuch as the Bill in question was a Money Bill, the contrary contention by the petitioner against the passing of the said Bill by the Legislative Assembly alone is unacceptable. In the light of the above discussion, we hold that Respondent No. 2 is duly holding the office of Lokayukta, U.P. under a valid law enacted by the competent legislature, viz., the Uttar Pradesh Lokayukta and Up-Lokayuktas Act, 1975 as amended by the Uttar Pradesh Lokayukta and Up- Lokayuktas (Amendment) Act, 2012. However, we direct the State to take all endeavors for selecting the new incumbent for the office of Lokayukta and Up-Lokayuktas as per the provisions of the Act preferably within a period of six months from today.= Mohd. Saeed Siddiqui …. Petitioner (s) Versus State of U.P. and Another …. Respondent(s) =2014 ( April.Part ) judis.nic.in/supremecourt/filename=41456
Chapter III of Part VI of the Constitution deals with the State Legislature. Article 168 relates to constitution of Legislatures in States and Art.212, 252– New Government passed amendment bill extending the term of office from 6 to 8 years under Uttar Pradesh Lokayukta and Up-Lokayuktas (Amendment) Act, 2012 (for short “the Amendment Act”) – Challenged on the ground that it was … Continue reading
Legal Remembrancer’s Manual (for short, ‘LR Manual’) framed by the Government of Uttar Pradesh and Section 24 of the Code of Criminal Procedure (Cr.P.C.) whether the respondent who had been appointed as District Government Counsel (Criminal) at Meerut in January, 1993 was entitled to have the term of his appointment renewed. – No = State of U.P. and others ….Appellants versus Ajay Kumar Sharma and another ….Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40968
Legal Remembrancer’s Manual (for short, ‘LR Manual’) framed by the Government of Uttar Pradesh and Section 24 of the Code of Criminal Procedure (Cr.P.C.) whether the respondent who had been appointed as District Government Counsel (Criminal) at Meerut in January, 1993 was entitled to have the term of his … Continue reading
Constitutional validity of grant of rebate of tax by the State Government by issuing a notification in exercise of its powers under Section 5 of Uttar Pradesh Trade Tax Act, 1948 (“the Act”, for short) = STATE OF U.P & ORS. APPELLANT(S) VERSUS JAIPRAKASH ASSOCIATES LTD RESPONDENT(S)= judis.nic.in/supremecourt/filename=40887
Constitutional validity of grant of rebate of tax by the State Government by issuing a notification in exercise of its powers under Section 5 of Uttar Pradesh Trade Tax Act, 1948 (“the Act”, for short)= whether grant of rebate of tax by the State Government by issuing a notification in exercise of its powers … Continue reading
Under sec.482 of Cr.P.C. the appellant High court can dispose the appeal on merits even in the absence of appellant or his lawyer – SURYA BAKSH SINGH Vs. STATE OF U.P. judis.nic.in/supremecourt/filename=40879
Under sec.482 of Cr.P.C. the appellant High court can dispose the appeal on merits even in the absence of appellant or his lawyer and even with out appointing amicus curiae in a routine manner in case of where the appellant after obtaining bail or exemption from surrender – escaped from appearing while the appeal was posted for … Continue reading
Contempt of court arose when – To hold the respondents or anyone of them liable for contempt this Court has to arrive at a conclusion that the respondents have wilfully disobeyed the order of the Court. The exercise of contempt jurisdiction is summary in nature and an adjudication of the liability of the alleged contemnor for wilful disobedience of the Court is normally made on admitted and undisputed facts.
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40722 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION CONTEMPT PETITION NO.3 OF 2012 IN CONTEMPT PETITION NO.6 & 7 OF 2009 IN WRIT PETITION (CIVIL) NO. 503 of 2007 Noor Saba … Petitioner (s) Versus Anoop Mishra & Anr. … Respondent (s) J U D G M E N T … Continue reading
Service matter = Whether the Seniority can be considered from the date of vacancy or from the date of promotion = His application to consider from the date of vacancy is rejected = “20. Seniority – The seniority of persons substantively appointed in any category of posts in the service shall be determined in accordance with the Uttar Pradesh Government Servants Seniority Rules, 1991, as amended from time to time. Provided that a person appointed to a post except the post of Associate Professor or Professor on the recommendation of the Commission for which the requisition had been sent to the Commission before the commencement of the Uttar Pradesh State Medical colleges Teacher Service (Second Amendment) Rules, 2005 shall be entitled to seniority from the date of his appointment notwithstanding the fact that a teacher has been given personal promotion to the same post under rule 15 in the same recruitment year.”= Pawan Pratap Singh and others v. Reevan Singh and others,[7] where the Court after referring to earlier authorities in the field has culled out certain principles out of which the following being the relevant are reproduced below: “(ii) Inter se seniority in a particular service has to be determined as per the service rules. The date of entry in a particular service or the date of substantive appointment is the safest criterion for fixing seniority inter se between one officer or the other or between one group of officers and the other recruited from different sources. Any departure therefrom in the statutory rules, executive instructions or otherwise must be consistent with the requirements of Articles 14 and 16 of the Constitution. xxx xxx xxx (iv) The seniority cannot be reckoned from the date of occurrence of the vacancy and cannot be given retrospectively unless it is so expressly provided by the relevant service rules. It is so because seniority cannot be given on retrospective basis when an employee has not even been borne in the cadre and by doing so it may adversely affect the employees who have been appointed validly in the meantime.” 16. In view of the aforesaid enunciation of law, the irresistible conclusion is that the claim of the first respondent for conferment of retrospective seniority is absolutely untenable and the High Court has fallen into error by granting him the said benefit and accordingly the impugned order deserves to be lancinated and we so do. 17. Consequently, the appeal is allowed and the order passed by the High Court is set aside. The parties shall bear their respective costs.
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40666 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 6967 OF 2013 (Arising out of SLP (C) No. 31481 of 2010) State of Uttar Pradesh & Others … Appellants Versus Ashok Kumar Srivastava & Anr. …Respondents J U D G M E N T Dipak Misra, J. Leave granted. … Continue reading
Srinagar Hydro Electric Project (SHEP) located in Tehri / Pauri Garhwal district of Uttar Pradesh was a project envisaged by the then Uttar Pradesh State Electricity Board (UPSEB) on river Alaknanda, which was basically run-of-the-river scheme.= In the Executive Summary of Chaturvedi Report, on the question of ‘Environmental Impact of Projects’, reads as follows: 17. Development of new hydropower projects has impact on environment, ecology, biodiversity, both terrestrial & aquatic and economic and social life. 69 hydropower projects with a capacity of 9,020.30 MW are proposed in Bhagirathi and Alaknanda basins. This includes 17 projects which are operational with a capacity of 2,295.2 MW. In addition, 26 projects with a capacity of 3,261.3 MW (including 600 MW Lohari Nagpala hydropower project, work on which has been suspended by Government decision) which were under construction, 11 projects with a capacity of 2,350 MW CEA/TEC clearances and 16 projects with a capacity of 1,673.8 MW under development. 4.18 The implementation of the above 69 hydropower projects has extensive implications for other needs of this society and the river itself. It is noticed that the implementation of all the above projects will lead to 81% of River Bhagirathi and 65% of River Alaknanda getting affected. Also there are a large number of projects which have very small distances between them leaving little space for river to regenerate and revive. We are also deeply concerned with the recent tragedy, which has affected the Char Dham area of Uttarakhand. Wadia Institute of Himalayan Geology (WIG) recorded 350mm of rain on June 15-16, 2013. Snowfall ahead of the cloudburst also has contributed to the floods resulting in the burst on the banks of Chorabari lake near Kedarnath, leading to large scale calamity leading to loss of human lives and property. The adverse effect of the existing projects, projects under construction and proposed, on the environment and ecology calls for a detailed scientific study. Proper Disaster Management Plan, it is seen, is also not in place, resulting in loss of lives and property. In view of the above mentioned circumstances, we are inclined to give following directions: 1) We direct the MoEF as well as State of Uttarakhand not to grant any further environmental clearance or forest clearance for any hydroelectric power project in the State of Uttarakhand, until further orders. 2) MoEF is directed to constitute an Expert Body consisting of representatives of the State Government, WII, Central Electricity Authority, Central Water Commission and other expert bodies to make a detailed study as to whether Hydroelectric Power Projects existing and under construction have contributed to the environmental degradation, if so, to what extent and also whether it has contributed to the present tragedy occurred at Uttarakhand in the month of June 2013. 3) MoEF is directed to examine, as noticed by WII in its report, as to whether the proposed 24 projects are causing significant impact on the biodiversity of Alaknanda and Bhagirath River basins. 4) The Disaster Management Authority, Uttarakhand would submit a Report to this Court as to whether they had any Disaster Management Plan is in place in the State of Uttarakhand and how effective that plan was for combating the present unprecedented tragedy at Uttarakhand. 52. Reports would be submitted within a period of three months. Communicate the order to the Central and State Disaster Management Authority, Uttarakhand. 53. In view of above, civil appeals and transferred cases are disposed of.
PUBLISHED IN http://judis.nic.in/supremecourt/imgst.aspx?filename=40641 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 6736 OF 2013@ (SPECIAL LEAVE PETITION (C) NO.362 OF 2012) ALAKNANDA HYDRO POWER CO. LTD. ……APPELLANT Versus ANUJ JOSHI & ORS. …….RESPONDENTS WITH Civil Appeal Nos.6746-6747 of 2013 (Arising out of SLP(C) No.5849-5850 of 2012) and T.C. (C) No.55 … Continue reading
Stamp duty and penalty = Whether the sale deed executed by Aditya Mills Ltd. in favour of respondent No.1 could be treated as lease deed for the purpose of stamp duty is the question = unable to do so because neither party has placed on record copy of deed dated 29.9.1978 and without examining that document, it is not possible for us to record a firm finding about the nature and character of deed dated 3.5.1995. In this scenario, the only appropriate course is to remit the case to the Collector for fresh determination of the issue relating to valuation of the building and the land purchased by respondent No.1. Ordered accordingly.= The appeal is disposed of with a direction that the Collector shall call upon respondent No.1 to produce deed dated 29.9.1978, to which reference has been made in the deed executed in its favour by Aditya Mills Ltd. and then decide whether it is a lease deed simpliciter or a sale deed for the purpose of stamp duty. While disposing of the appeal, we consider it necessary to make it clear that if the Collector comes to the conclusion that the deed executed by Aditya Mills Ltd. in favour of respondent No.1 is a lease deed then the latter shall have to surrender the land to the Government of India on 9.3.2021, i.e., the date on which term of the lease would expire.
published in http://judis.nic.in/supremecourt/imgst.aspx?filename=40595 NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.6086 OF 2013. (Arising out of SLP(C) No. 3749 of 2012) State of U.P. now Uttarakhand and another …Appellants Versus Vinit Traders and Investment Ltd. and another …Respondents O R D E R Leave granted. Whether the … Continue reading
Service matter = (i) Whether two different age of superannuation of 58 and 60 years can be prescribed for the employees similarly situated, including members of the same service, solely on the basis of their source of entry in the service. (ii) Whether ‘the Uttar Pradesh Jal Nigam (Retirement on attaining age of Superannuation) Regulations, 2005’ fixing two different age of superannuation for similarly situated employees of Jal Nigam are discriminatory and ultra vires under Article 14 of the Constitution of India.= ‘no pay no work’ is not applicable to the employees who were guided by specific rules like Leave Rules etc. relating to absence from duty. Such principle can be applied to only those employees who were not guided by any specific rule relating to absence from duty. If an employee is prevented by the employer from performing his duties, the employee cannot be blamed for having not worked, and the principle of ‘no pay no work’ shall not be applicable to such employee. = Regulation 31 shall be applicable and the age of superannuation of employees of the Nigam shall be 60 years; we are of the view that following consequential and pecuniary benefits should be allowed to different sets of employees who were ordered to retire at the age of 58 years: (a) The employees including respondents who moved before a court of law irrespective of fact whether interim order was passed in their favour or not, shall be entitled for full salary up to the age of 60 years. The arrears of salary shall be paid to them after adjusting the amount if any paid. (b) The employees, who never moved before any court of law and had to retire on attaining the age of superannuation, they shall not be entitled for arrears of salary. However, in view of Regulation 31 they will deem to have continued in service up to the age of 60 years. In their case, the appellants shall treat the age of superannuation at 60 years, fix the pay accordingly and re-fix the retirement benefits like pension, gratuity etc. On such calculation, they shall be entitled for arrears of retirement benefits after adjusting the amount already paid. (c) The arrears of salary and arrears of retirement benefits should be paid to such employees within four months from the date of receipt of copy of this judgment. The judgment passed by the Division Bench of the Allahabad High Court, Lucknow Bench dated 29th July, 2010 and other impugned judgments stand modified to the extent above.
published in http://judis.nic.in/supremecourt/filename=40490 Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 5527 OF 2012 (arising out of SLP (c) No. 31279 of 2010) STATE OF UTTAR PRADESH … APPELLANT Versus DAYANAND CHAKRAWARTY & ORS. … RESPONDENTS With C.A.No.5528 of 2012 (Arising Out of SLP(C) No.35579 of 2010) C.A.No.56175659 of 2012 (Arising Out of SLP(C) No.5218 5260 of 2011) C.A.No. 5529 of … Continue reading
Upgrade to Municipal corporation = Section 8-AA(1) of the Act -under Section 3(2) of the Uttar Pradesh Municipal Corporations Act, 1959 (for short ‘the Act’) as applicable in Uttarakhand read with Article 243Q(2) of the Constitution = Principal Secretary Urban Development Department, Government of Uttarakhand has provided an opportunity of hearing to the objectors on their respective objections on 16.07.2011 from 11.00 a.m. to 3.00 p.m. at Kumbh Fair Controlling House, Haridwar and amongst the objectors there were several Municipal Councilors of Haridwar Municipality, namely Dinesh Joshi, Rakesh Prajapati, Yashoda Devi, Leela Devi, Ashok Sharma, Jagdhir Singh, Nikhil Mehta, Idris Ansari, Satya Narayan, Karuna Sharma, Sanjay Sharma, Radhey Krishna, Prabha Ghai and Ram Ahuja. Hence, the appellant, who was the Chairman of the Municipal Council, Haridwar could have also participated in the hearing in support of his objections. We cannot, therefore, find any infirmity in the impugned judgment of the Division Bench of the High Court that an opportunity of hearing was actually given to all persons likely to be affected by the two notifications dated 21.07.2011. 13. At the time of hearing of this appeal, we were inclined to consider the other contention of Mr. Hansaria that the State Government must form an opinion that until the due constitution of the Municipal Corporation for an area, “it is expedient” to dissolve the Municipal Council from a specified date and to direct that all powers, functions and duties of the Corporation shall as from the specified date, be vested in and be exercised, performed and discharged by the Administrator appointed by the State Government in view of the language of sub-section (1) of Section 8-AA of the Act. But we find that this ground was not raised in the Writ Petition before the High Court nor raised in the special leave petition before this Court. We further find that pursuant to the two notifications dated 21.07.2011, the elections to the Municipal Corporation have been notified to be held and completed by 30.04.2013. Hence, even if the appellant succeeds on this point, we cannot direct restoration of the Haridwar Municipality after the constitution of the Municipal Corporation, Haridwar. For these reasons, we refrain from considering this question in this appeal and leave this question open to be decided in some other appropriate case.
published in http://judis.nic.in/supremecourt/imgs1.aspx?filename=40467 Page 1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No. 4835 OF 2013 (Arising out of S.L.P. (C) No. 1889 of 2012) Kamal Jora … Appellant Versus State of Uttarakhand & Anr. … Respondents J U D G M E N T A. K. PATNAIK, J. Leave granted. 2. … Continue reading
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