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-summarize the case details and judgement,"cellaneous Petition No. 32937 of 1988.
-345 IN Writ Petition No. 12 183 of 1985.
-(Under Article 32 of the Constitution of India).
-K.K. Venugopal, Mrs. Jayashree Wad and Mrs. Aruna Mathur for the Petitioners.
-K. Parasaran, Attorney General, A.K. Ganguli, P. Parmes waran and K. Swamy for the Respondents.
-The following Order of the Court was delivered: ORDER In respect of the civil miscellaneous petition for clarification of this Court 's judgment dated 4th November, 1988, it is made clear that the assessable value of the processed fabric would be the value of the grey cloth in the hands of the processor plus the value of the job work done plus manufacturing profit and manufacturing expenses whatev er these may be, which will either be included in the price at the factory gate or deemed to be the price at the factory gate for the processed fabric.
-The factory gate here means the ""deemed"" factory gate as if the processed fabric was sold by the processor.
-In order to explain the position it is made clear by the following illustration: if the value of the grey cloth in the hands of the processor is Rs.20 and the value of the job work done is Rs.5 and the manufacturing profit and expenses for the processing be Rs.5, then in such a case the value would be Rs.30, being the value of the grey cloth plus the value of the job work done plus manufac turing profit and expenses.
-That would be the correct as sessable value.
-If the trader, who entrusts cotton or man made fabric to the processor for processing on job work basis, would give a declaration to the processor as to what would be the price at which he would be selling the processed goods in the market, that would be taken by the Excise authorities as the assessable value of the processed fabric and excise duty would be charged to the processor on that basis provided that the declaration as to the price at which he would be selling the processed goods in the market, would include only the price or deemed price at which the processed fabric would leave the processor 's factory plus his profit.
-Rule 174 of the Central Excise Rules, 1944 346 enjoins that when goods owned by one person are manufactured by another the information is required relating to the price at which the said manufacturer is selling the said goods and the person so authorised agrees to discharge all the liabil ities under the said Act and the rules made thereunder.
-The price at which he is selling the goods must be the value of the grey cloth or fabric plus the value of the job work done plus the manufacturing profit and the manufacturing expenses but not any other subsequent profit or expenses.
-It is necessary to include the processor 's expenses, costs and charges plus profit, but it is not necessary to include the trader 's profits who gets the fabrics processed, because those would be post manufacturing profits.","On a civil miscellaneous petition for clarification of this Court 's judgment dated 4th November, 1988, the Court.
-HELD: The assessable value of the processed fabric would be the value of the grey cloth in the hands of the processor plus the value of the job work done plus manufacturing profit and manufacturing expenses whatever these may be, which will either be included in the price at the factory gate or deemed to be the price at the factory gate for the processed fabric.
-[345D E] The factory gate means the ""deemed"" factory gate as if the processed fabric was sold by the processor.
-[345E] If the trader.
-who entrusts cotton or man made fabric to the processor for processing on job work basis, would give a declaration to the processor as to what would be the price at which he would be selling the processed goods in the market, that would be taken by the Excise authorities as the assessable value of the processed fabric and excise duty would be charged to the processor on that basis.
-Such a declaration would include only the price or deemed price at which the processed fabric would leave the processor 's factory plus his profit.
-It is necessary to include the processor 's expenses, costs and charges plus profit, but not the trader 's profits who gets the fabrics processed, because those would be post manufacturing profits.
-[345G H; 346B C]"
-summarize the case details and judgement,"ivil Appeal No. 4031 of 1988.
-From the Judgment and Order dated 14.4.1988 of the Patna High PG NO 867 PG NO 868 Court in C.W.J.C. No. 1923 of 1988.
-R.K. Jain, R.P.Singh and Y.D.Chandrachud for the Appellant.
-U.S. Prasad for the Respondents.
-The Judgment of the Court was delivered by SABYASACHI MUKHARJI, J.
-Special leave granted.
-The order dated 25th March, 1988 of the Collector is under challenge in this appeal.
-The same reads as follows: ""Shri Raghu Nath Thakur S/o Late Gorakh Thakur, Village Repura, P.S. Puksha, District Samastipur had bid for Rs.11,900 (Rupees eleven thousands only) per month Dak in an auction of Beni Country liquor shop held on 27.3.88 and he as given the shop of Beni Country liquor but after signing in Bandobasti Register he did not deposit dak amount.
-The name of Shri Raghu Nath Thakur S/o Late Gorakh Nath Village Repura, P.S. Pusa, Distt.
-Samastipur is therefore placed in the black list for future under the orders passed by the Collector, Samastipur.
-"" This order was passed pursuant to the order of the Collector.
-The letter dated 25th March, 1988, states as follows: ""The Collector of the district after perusal of the said office note passed order on 25.3.88 which is produced in verbatim below: Ist bidder chunki defaulter hai atah security prapt kar len tatha bhavishya ke liae Black list karen.
-"" Indisputably, no notice had been given to the appellant of the proposal of black listing the appellant.
-It was contended on behalf of the State Government that there was no requirement in the rule of giving any prior notice before black listing any person.
-In so far as the contention that there is no requirement specifically of giving any notice is concerned, the respondent is right.
-But it is an implied principle of the rule of law that any order having civil consequence should be passed only after following the PG NO 869 principles of natural justice.
-It has to be realised that black listing any person in respect of business ventures has civil consequence for the future business of the person concerned in any event.
-Even if the rules do not express so, it is an elementary principle of natural justice that parties affected by any order should have right of being heard and making representations against the order.
-In that view of the matter, the last portion of the order in so far as it directs black listing of the appellant in respect of future contracts, cannot be sustained in law.
-In the premises, that portion of the order directing that the appellant be placed in the black list in respect of future contracts under the Collector is set aside.
-So far as the cancellation of the bid of the appellant is concerned, that is not affected.
-This order will, however, not prevent the State Government or the appropriate authorities from taking any future steps for blacklisting the appellant if the Government is so entitled to do so in accordance with law, i.e. giving the appellant due notice and an opportunity of making representation.
-After hearing the appellant, the State Government will be at liberty to pass any order in accordance with law indicating the reasons therefor.
-We, however, make it quite clear that we are not expressing any opinion on the correctness or otherwise of the allegations made against the appellant.
-The appeal is thus disposed of.
-Appeal disposed of.","The appellant has bid in an auction of Beni Country Liquor Shop in the District of Samastipur and was given the shop being the highest bidder but he failed to deposit the bid money in time.
-The Collector, Samastipur by an order cancelled the bid and black listed the appellant.
-He then moved the High Court against the order of the Collector.
-The High Court upheld the order of the Collector.
-The appellant appealed to this Court by special leave.
-Disposing of the appeal, the Court, HELD: 1.
-It is an implied principle of the rule of law that any order having civil consequences should be passed only after following the principles of natural justice.
-Black listing any person in respect of business ventures has civil consequences for the future business of the person concerned in any event.
-[868H; 869A] 2.
-Even if the rules do not express so, it is an elementary principle of natural justice that parties affected by any order should have right of being heard and making representations against the order.
-[869B] In the instant case, that portion of the order directing that the appellant be placed in the black list in respect of future contracts under the Collector is set aside.
-So far as the cancellation of the bid of the appellant is concerned, that is not affected.
-[869B C]"
-summarize the case details and judgement,"ivil Appeals Nos.
-4582 4585 of 1989.
-125 From the Judgment and Order dated 29.7.1988 of the Allahabad High Court in C.M.W.P. No. 11933 & 16493/1987.
-1573 1/1987 & 12373/1987.
-R.K. Garg, S.P. Singh, N.M. Popli, R.B. Misra, Uma Nath Misra and R.C. Kaushik for the Appellants.
-R.B. Mehrotra for the Respondent.
-The Judgment of the Court was delivered by MISRA, J.
-Special leave granted.
-The short question in these appeals is as to whether the High Court was right in upholding the decision of the Uttar Pradesh Public Service Commission to re hold the recruitment examination.
-On the requisition of the State Government the State Public Service Commission had undertaken the recruitment to the post of Upper Zila Basic Shiksha Adhikari (Women), District Inspectress of Girls Schools/Associate Regional Inspectress of Girls Schools in Uttar Pradesh Educational Service Junior Scale (Women 's Branch) The advertisement inviting applications from eligible candidates was published on May 5, 1985 and a corrigendum was published on June 8, 1985.
-The recruitment examination was in two stages written and interview/personality test.
-After the written examina tion was over, on the basis of the results thereof success ful candidates upto a base limit have to be called to be interviewed.
-On account of improper feeding into the comput er some of the candidates who had better performance in the written examination were not called and candidates securing lesser marks in the written examination were not only called for interview but were also finally selected.
-When this position was known and upon an inquiry was factually estab lished, the Public Service Commission decided to cancel the entire recruitment examination and asked for re holding of it.
-The High Court has upheld the action of the Public Service Commission and has dismissed the writ petitions.
-We have heard counsel for the parties and are of the view that when no defect was pointed out in regard to the written examination and the sole objection was confined to exclusion of a group of successful candidates in the written examination from the interview, there was no justification for cancelling the written part of the recruitment examina tion.
-On the other hand, the situation could have been appropriately met by setting aside the recruitment and asking for a 126 fresh interview of all eligible candidates on the basis of the written examination and select those who on the basis of the written and the freshly held interview became eligible for selection.
-We allow the appeals, set aside the judgment of the High Court and direct that the order of the Public Service Com mission cancelling the written examination shall stand vacated.
-In lieu thereof we direct that the results of the written examination shall stand sustained and shall form the basis for the interview part of the recruitment and on the basis of the two examinations and in terms of the recruit ment rules fresh selections shall be made.
-We would clarify that with the dismissal of the special leave petitions the selection of the two Scheduled Caste candidates and five Backward Class candidates has become final and would not be disturbed.
-The State Public Service Commission should have been more careful in dealing with the matter so that four years in the process of recruitment would not have been lost and the public cause would not have suffered; public time would not have been wasted in requiring re doing of what had once been done and the litigation could have been avoided.
-We have also not been able to appreciate the justification for cancellation of the written part of the recruitment examina tion and drive the candidates to litigation.
-On the facts alleged we direct that the recruitment which is now to be re done by completing the interview examination should be finalised within four months hence.
-There shall be no order as to costs.
-T.N.A. Appeals allowed.","The Uttar Pradesh Public Service Commission conducted recruitment examination to the post of Upper Zila Basic Shiksha Adhikari (Women) in two stages written test and interview.
-The Commission cancelled the entire recruitment examination for re holding it, after it was found that due to improper feeding into the computer candidates who secured lesser marks in the written examination were interviewed and finally selected while candidates who had better performance were not called for interview.
-Writ petitions challenging the action of the Commission were dismissed by the High Court.
-Hence these appeals.
-Allowing the appeals and setting aside the judgment of the High Court, this Court, HELD: When no defect was pointed out in regard to the written examination and the sole objection was confined to exclusion of a group of successful candidates in the written examination from the interview, there was no justification for cancelling the written part of the recruitment examina tion.
-[125G] The situation on the other hand could have been appro priately met by setting aside the recruitment and asking for a fresh interview of all eligible candidates on the basis of the written examination and selection of those who on the basis of the written and the freshly held interview became eligible for selection.
-[125H; 126A]"
-summarize the case details and judgement,"Special Leave Petition Nos.
-823 24 of 1990.
-From the Judgement and Order dated 6.10.1989 of the Karnataka High Court W.A. Nos.
-321 & 322 of 1989.
-S.R. Bhat for the Petitioners.
-R.N. Narasimha Murthy, K.H. Nobin Singh, M. Veerappa and S.N. Bhatt for the Respondents.
-The following Order of the Court was delivered: A few facts are necessary for the disposal of these petitions.
-The petitioners were the owners of certain lands which were acquired by the respondents under the provisions of Sections 17 and 19 of the Bangalore Development Act, 1976 (hereinafter referred to as ""the Bangalore Act"").
-Under the provisions of Section 36 of the Bangalore Act, where the acquisitions, otherwise than by agreement, it will be regulated by the provisions , as far they are applicable, of the Land Acquisition Act, 1894 (hereinafter referred to as ""the Land Acquisition Act"").
-Section 11 A of the Land Acquisition Act, which section was included in the said Act in 1984 as set out hereinafter, very briefly states, provides that the Collector must make his award within two years from the date of the publication of the declaration and that if no award is made within that period, the entire proceedings for acqui 565 sition of the land shall lapse.
-Under the Explanation to the first proviso to Section 11 A,""the period during which any action or proceeding to be taken in pursuance of the said declaration is stayed by an order of a Court shall be excluded"".
-It was, inter alia contended by the petitioners that as the awards in these cases has not been made within two years of the notification making the declaration under Section 4 of the Land Acquisition Act, the entire acquisition proceedings had lapsed.
-That contention was repelled along with certain other contentions in the judgment of the High Court which is sought to be impugned before us.
-The relevant dates which have to be borne in mind in this connection, are as follows: The notification making the declaration under Section 4 of the Land Acquisition Act in respect of the lands in question was made on September 20, 1977.
-On September 20, 1984 Section 11 A which introduced into the Land, Acquisition Act by the Land Acquisition (Amendment) Act, 1984, was brought into force.
-Under the first proviso to Section 11 A it was prescribed that where the said declaration (under Section 4 of the Land Acquisition Act) has been published before the commencement of the Land Acquisition (Amendment) Act, 1984, the award must be made within a period of two years from such commencement.
-Thus, the award should have been made within two years from September 20, 1984.
-On September 11, 1985, the petitioners obtained an interim order from this Court directing status quo with regard to the possession of the lands in question in Special Leave Petition No. 294 of 1985 preferred against the order of the Karnataka High Court dated August 14, 1984, with which we are not directly concerned here.
-The said Special Leave Petition No.294 of 1985 was dismissed on April 29, 1987.
-On December 16 17, 1987, two writ petitions were field by the respective petitioners in the Karnataka High Court challenging the acquisition on the ground that the awards were not made within the stipulated time.
-In these two writ petitions, the Karnataka High Court granted interim stay of further proceedings in respect of the acquisition of the said lands.
-These petitions were dismissed by a learned Single Judge of that High Court on November 29, 1988.
-Appeals against the decision of a learned Single Judge were dismissed by the Karnataka High Court on October 6, 1989, by a Division Bench of that High Court.
-The petitioners preferred these Special Leave Petitions, namely S.L.P. Nos. 823 and 824 of 1990 against the decision of the Devision Bench of that High Court, and obtained an interim stay of dispossession therein.
-Whatever the ultimate effect of the stay orders, in view of the provisions of Section 11 A of the Land Acquisition Act, to which we have already referred 566 earlier, it is beyond dispute that the fact of the stay orders was highly material in the determination of these Special Leave Petitions.
-Curiously enough, there is no reference in the Special Leave Petitions to any to the stay orders and we came to know about these orders only when the respondents appeared in response to the notice and filed their counter affidavit.
-In our view, the said interim orders have a direct bearing on the question raised and the non disclosure of the same certainly amounts to suppression of material facts.
-On this ground alone, the Special Leave Petitions are liable to be rejected.
-It is well settled in law that the relief under Article 136 of the Constitution is discretionary and a petitioner who approaches this Court for such relief must come with frank and full disclosure of facts.
-If he fails to do so and suppresses material facts, his application is liable to be dismissed.
-We accordingly dismiss the Special Leave Petitions.
-There will be no order as to costs of these petitions.
-R.P. SLPs dismissed.","Petitioners ' lands were acquired by the respondents under sections 17 and 19 of the Bangalore Development Act, 1976.
-Section 36 of the said Act made applicable the provisions of the Land Acquisition Act, 1894, where acquisition is otherwise than by agreement.
-The notification making the declaration under section 4 of the Land Acquisition Act in respect of the lands in question was made on 20.9.1977.
-On 20.9.1984s.
-11 A was introduced and brought into force by the Land Acquisition (Amendment) Act, 1984 prescribing that where the declaration under section 4 of the Land Acquisition ACt was published before the commencement of the Land Acquistion (Amendment) Act, 1984, the award was to be made within two years from such commencement.
-The awards should have thus been made within two years from 20.9.1984.
-On 11.9.1985 the petitioners obtained an interim order from this Court directing status quo with regard to the possession of the lands in question in a special leave petition which was dismissed on 29.4.87.
-on December 16 17,1987 two writ petitions were filed by the petioners in the High Court Challenging the acquisition, contending that as the awards were not made within two years of the notification making the declaration under section 4 of the Land Acquisition Act, the entire acquisition proceedings had lapsed.
-The High Court granted interim stay in respect of the acquisition of the lands.
-The petitions were later dismissed.
-Appeals therefrom were also dismissed by a Division Bench.
-The petitioners preferred these special leave petitions and obtained interim stay of dispossession.
-Dismissing the special leave petitions, this Court, 564 HELD: 1.
-The relief under Article 136 of the Constitution is discretionary and a petitioner who approaches this Court for such relief must come with frank and full disclosure of facts.
-If he fails to do so and suppresses material facts, his application is liable to be dismissed.[566B C] 2.Whatever the ultimate effect of the stay orders, in view of the provisions of section 11 A of the Land Acquisition ACt, the Fact of the stay orders was highly material in the determination of these special leave petitions.
-There was no reference in the special leave petitions to any of the stay orders and the Court could know about these orders only when the respondents appeared in response to the notice and filed their counter affidavit.
-The said interim orders had a direct bearing on the question raised and the non disclosure of the same certainly amounts to suppression of material facts.
-On this ground alone, the special leave petitions were liable to be rejected.
-[565G H; 566A B]"
-summarize the case details and judgement,"Special Leave Petition No. 1900 of 1981 etc.
-From the Judgment and order dated 3.2.1981 of the Allahabad High Court in C.M.W.P. No. 1924 of 1981.
-P.P. Rao, Ambrish Kumar, Mrs. Rani Chhabra, M. Qamaruddin, Mrs. Qamaruddin, A.K. Srivastava, B.B. Tawakley, Mrs. Subhadra, S.N. Singh, C.K. Ratnaparkhi, S.K. Gupta, Uma Dutt, C.P. Lal, M.K. Garg, and Lokesh Kumar for the Petitioners.
-Anil Dev Singh, O.P. Rana, B.P. Maheshwari, Mrs. section Dikshit, P.K. Pillai, R. Ramachandran, A.K. Srivastava, S.C. Birla, section Wasim, A. Qadri, N.N. Sharma, Shakeel Ahmad and K.K. Gupta for the Respondents.","% In exercise of the powers conferred by Section 239(2)(E)(a) of the Uttar Pradesh Kshetra Samiti and Zila Parishads Adhiniyam, 1961, various Zila Parishads framed a bye law, providing that right to trade in carcass utilisation in the rural area of the respective Zila Parishads shall be put to public auction.
-Such activities comprised of taking of the carcass of dead animals to a specified place, skinning of the carcass, storage of bones and skins, curing and dyeing of such skins and preparation of leather goods.
-In a writ petition challenging the validity of the said bye law, a Single Judge of the High Court struck down the latter part of the bye law framed by one of the Zila Parishads, providing for farming out of the privilege of utilisation and disposal of carcass of dead animals, on the ground that it created a monopoly in favour of an individual or group of individuals.
-A Division Bench reiterated that view in two writ petitions filed before it, and distinguished the decision of this Court in State of Maharashtra vs Mumbai Upnagar Gramodyog Sangh, ; taking a contrary view on the ground that the restrictions were reason able within the meaning of article 19(6), in the context of the thickly populated metropolitan city.
-The correctness of the said decision of the Division Bench was open to question.
-Another Division Bench referred the matter to a Full Bench, which expressly repelled the aforesaid view, and held that it was competent for the Zila Parishads to frame such bye laws in exercise of the powers conferred by section 239(2)(E)(a) of the Act.
-539 Against the various judgments and orders of the High Court, special leave petitions and appeals by special leave challenging the constitutional validity of the aforesaid bye law, were filed in this Court.
-In SLP(C) No. 1900 of 1981, this Court, in order to protect the interests of persons traditionally engaged in the work of skinning, tanning etc., directed the State Government to frame a Model Scheme for carcass utilisation in the Etawa district at the village panchayat level on an experimental basis, and passed certain incidental directions as to the price payable for skins, bones and horns.
-As nothing further was done, in partial modification of its earlier orders, this Court directed the Zila Parishad, Etawa to issue licence to any person who applied for the same.
-In the meantime, the Government of Uttar Pradesh issued a Circular dated June 7, 1986 stating that in future the licences for disposal of carcass of animals should be granted only to registered industrial cooperative societies formed by the persons engaged in this work.
-Disposing of the Special Leave Petitions and civil appeals, ^ HELD: It is plain upon the reading of the Circular dated June 7, 1986 issued by the State Government that the contract system envisaged by the impugned bye law framed by the different Zila Parishads in the State has been virtually abandoned, and the State Government proposes to replace the system of auction by a system of licensing, giving preferential right to cooperative societies consisting of members of the traditional occupation, for the disposal of carcass of dead animals.
-[544E F] In view of the subsequent policy decision taken by the State Government, the present controversy no longer survives.
-It would be open to different Zila Parishads, in view of the directive of the State Government, to frame the appropriate Bye laws consistent with and for the implementations of the policy declared by the State Government.
-The Zila Parishads, while considering the question, shall keep in view the directions issued by this Court on April 15, 1983, and also the order passed introducing the licence system in the Zila Parishad, Etawa on an experimental basis.[544F G] For a meaningful effectuation of the policy decision of the Government, which is taken in the larger interests of a sizeable segment of the weaker sections of the society, it is of utmost importance that the 540 work of formation of cooperative society of the members of the traditional occupation, who lack the will and the ability to organise themselves, should be taken up by the social welfare department of the State Government and every effort should be made to bring the members of the traditional occupation within the fold of these cooperative societies.
-The social welfare department shall take effective steps to organise such cooperative societies.
-[544H; 545A B] Wherever it is not possible to implement the policy decision and there is likely to be a loss of revenue or other compelling reason, it would be open to the Zila Parishads, as a purely transitory measure and with the prior concurrence of the State Government, to arrange for carcass utilisation by auction if the Bye laws permit such auction.
-It is only where, for any compelling reason, the said policy decision cannot be implemented effectively in any area, that the concerned Zila Parishad could, with the prior sanction of the State Government, continue the present contract system subject to such variation as may be necessary till the cooperative societies are formed.
-[545C D1]"
-summarize the case details and judgement,"ecial Leave Petition (C) No. 5628 of 1988.
-From the Judgment and Order dated 4.1.1988 of the Punjab and Haryana High Court in Regular Second Appeal No. 9 18 of 1987.
-P.P. Rao and Shakeel Ahmed for the Petitioner.
-S.C. Maheshwari, P.K. Chakravarti, Ms. Sandhya Goswami and V.K. Bhardwaj for the Respondent.
-The following Order of the Court was delivered We have heard this case arising out of Haryana Urban (Control of Rent and Eviction) Act 1973.
-We feel that this case is fully covered by the decision of Hon 'ble Mr. Justice Sabyasachi Mukharji & Hon 'ble Mr. Justice Ranganathan in Atma Ram Mittal vs Ishwar Singh Punia, 122 ; We respectfully agree with the princi ple enunciated in that decision.
-The special leave petition is dismissed.
-Learned counsel for the respondent Mr. S.C. Maheshwari states that the decree will not be executed till 30th April, 1990 subject to an undertaking on usual terms being filed in this Court within four weeks from today.
-If the undertaking is not filed, the decree shall become executable forthwith.
-G.N. Petition dis missed.","Applying the principle enunciated in Atma Ram Mittal vs Ishwar Singh Punia; , , this Court dismissed the special leave petition, and, HELD: 1.1 The exemption would apply for a period of ten years and will continue to be available until suit is dis posed of or adjudicated.
-[121H] 1.2 If the petitioner fails to file an undertaking on usual terms, the decree shall become executable forthwith.
-[122B]"
-summarize the case details and judgement,"r Petition (Civil) No. 344 of 1983.
-Under article 139A of the Constitution of India for transfer of Writ Petition No. 475 of 1983 pending before the Rajasthan High Court.
-D. Bhandari for the Petitioner (Not Present) B. D. Sharma for the Respondent.
-The Order of the court was delivered by 200 CHINNAPPA REDDY, J.
-This petition is totally bereft of any statement of facts.
-It has been drafted and filed in a most casual and careless manner.
-All that is stated in the petition is that the Writ Petition pending in the Rajasthan High Court raises exactly the same questions as those raised in SLP (Civil) No. 7561/83 pending in this Court and the writ petition may, therefore, be transferred to this Court.
-Nothing else is mentioned.
-No facts relating to either case are mentioned.
-Even the alleged common questions are not stated.
-We can only say that it is most discourteous and disrespectful to the highest court in the country to file such indifferent petitions.
-The advocate is not discharging his duty either to the court or to the client.
-Transfer petition is dismissed.
-H.S.K. Petition dismissed.","A petition for withdrawing a writ petition pending in the High Court to the Supreme Court under Article 139A (1) of the Constitution mentioned nothing else except that the writ petition pending in the High Court raised exactly the same questions as those raised in a special leave petition pending in the Supreme Court.
-What the questions were and what the facts of the cases were was not disclosed.
-Dismissing the petition, ^ HELD: It is most discourteous and disrespectful to the highest court in the country to file such indifferent petitions.
-The advocate; is not discharging his duty either to the court or to the client.
-[200 C]"
-summarize the case details and judgement,"Special Leave Petition (Civil) No. 11638 of 1986 From the Judgment and Order dated 12th September, 1986 of the Madhya Pradesh High Court in M.P. No. 2845 of 1986.
-B.K. Rawat, M.K. Dua, Aman Vachher and S.K. Mehta for the Petitioners.
-1003 The following Order of Court was delivered ORDER Since this petition is filed against an interim order we do not propose to interfere with the order of the High Court.
-The Petition is dismissed.
-We, however, deprecate the practice of granting of temperory permits repeatedly to ply stage carriages for short periods even when it is made out that there is a grave need for increasing the number of regular services on the routes in question in public interest.
-In many cases this practice has led to undesirable results.
-In all such cases the proper action to be taken by the Regional Transport Authorities is to grant regular permits in accordance with law either by inviting applications for grant of permits or on the applications made by intending operators suo motu under section 57(2) of the .
-We hope that the Regional Transport Authorities will take necessary steps in accordance with law in respect of all the routes to alleviate the suffering of the travelling public.
-M.L.A. Petition dismissed.","In a petition for special leave against an interim order of the High Court, ^ HELD: (1) As the special leave petition is filed against an interim order of the High Court, this Court does not propose to interfere.
-[1003B] (2.1) The practice of granting of temporary permits repeatedly to ply stage carriages for short periods even when it is made out that there is a grave need for increasing the number of regular services on the routes in question in the public interest is deprecated.
-In many cases this practice has led to undesirable results.
-[1003B C] (2.2) The proper action to be taken by the Regional Transport Authorities in such cases is to grant regular permits in accordance with law either by inviting applications for grant of permits or on the applications made by intending operators suo motu under section 57(2) of the .
-[1003C D]"
-summarize the case details and judgement,": Criminal Appeal Nos.
-563 64 of 1986 From the Judgment and Order dated 30.9.85 in the High Court of Delhi at New Delhi in Crl.
-M. (M) Nos.
-1105 & 1106 of 1985.
-M.R. Sharma and Dalveer Bhandari for the Appellant.
-The Judgment of the court was delivered by MISRA, J.
-Special leave granted.
-We have carefully considered the various aspects of the case and we are of the view that having regard to the nature of the dispute and the fact that the offences, if any, are alleged to have been committed more than six years ago and the appellant was merely a trader at the 174 lowest rung of the hierarchy in the Foreign Exchange Divi sion of the Bank and not a highly placed officer and the trial is bound to occupy the time of the court of first instance for not less that two or three years in view of the complicated nature of the case and even then, it is extreme ly doubtful whether it will at all result in conviction, no useful purpose will be served by allowing the prosecutions to continue.
-Hence, we allow the appeals and quash the charges against the appellant.
-We may, however, make it clear that if the Bank has any legitimate claim against the appellant, it will be open to the Bank to pursue any civil remedies which may be available to it.
-M.L.A. Appeals al lowed.","HELD: 1.
-The fact that the offences, if any, are alleged to have been committed more than six years ago and the appellant was merely a trader at the lowest rung of the hierarchy in the Foreign Exchange Division of the Bank and not a highly placed officer and the trial is bound to occupy the time of the ' court of tint instance for not less than two or three years in view of the complicated nature of the case and even then, it is extremely doubtful whether it will at all result in conviction no useful purpose will he served by allowing the prosecutions to continue.
-[H 174A] However, if the Bank has any legitimate claim against the appellant, it will he open to the Bank to pursue any civil remedies which may be available to it.
-[174B]"
-summarize the case details and judgement,": Special Leave Petition (Crl.) No. 2088 of 1979.
-From the Judgment and Order dated 25 7 1979 of the Allahabad High Court in Criminal Revision No. 1189/79.
-N. Ali Khan and A. D. Mathur for the Petitioner The Judgment of the Court was delivered by KRISHNA IYER, J.
-Counsel for the petitioner states that the sentence imposed upon his client for the offence under section 7 read with section 16 of the Prevention of Food Adulteration Act must be reduced because the adulterant, namely, prohibited coal tar dye, is, in his submission, non injurious or an innocent mix.
-Therefore, the imprisonment part of the sentence, it was urged, should be eliminated.
-It is true that the High Court has observed that the ""colour which was mixed with powdered chillies"" is not mentioned in the Public Analyst 's report to be injurious to human life.
-It does not follow that because it is not specifically mentioned to be injurious, it is non injurious.
-Absence of evidence is not equal to evidence of absence.
-For ought we know, the prohibition under the Act and the Rules has been imposed because it is harmful to human health.
-It is true that the High Court has, under a mis conception, reduced the sentence, but we cannot be pressurised further into following the wrong path.
-The special leave petition is dismissed.
-V.D.K. Petition dismissed.","HELD: The prohibition under the Prevention of Food Adulteration Act and the Rules has been imposed because it is harmful to human health.
-[312 G] Absence of evidence is not equal to evidence of absence.
-Non mention in the Public Analyst 's report that the ""colour which was mixed with powdered Chillies"" was injurious to human life does not amount to the adulterant being non injurious.
-When the High Court under this misconception has already reduced the sentence, this Court cannot under article 136 of the Constitution be pressurised further to follow the wrong path.
-[312 F H]"
-summarize the case details and judgement,"tition (C) Nos.
-13748 84 of 1984.
-With Writ Petition (c) Nos.
-1580626 of 1984.
-(Under Article 32 of the Constitution of India. ) 48 N.N. Keshwani and R.N. Keshwani for the Petitioners.
-O.P. Sharma, Girish Chandra, C.V. Subba Rao and Miss section Relan for the Respondents.
-The following Order of Court was delivered: It is not disputed that the Air conditioned Coach In chargesAttendants are being paid overtime allowances for extra duty hours exceeding 96 hours in two weeks in the Western Railway, Central Railway and Eastern Railway.
-There is no justification for denying overtime allowances on the same basis to the Air conditioned Coach Incharges Attendants in the Northern Railway.
-We accordingly direct the Union of India and the Railway Administration to pay with effect from July 1, 1984 the overtime allowance to the Air conditioned Coach Incharges Attendants working in the Northern Railway on the same basis on which the Air conditioned Coach In charges Attendants in the other three Railways, referred to above, are paid.
-All arrears of such allowances upto date shall be paid as early as possible and in any event not later than four months from today.
-The benefit of this order shall be extended to all such employees including those who have retired and those who have not joined as petitioners herein.
-The Writ Petitions are allowed.
-No costs.
-P.S.S. Petitions allowed.","The petitioners, Air Conditioned Coach Incharges At tendants in Northern Railway, contended in their writ peti tions that their counterparts in Western, Central and East ern Railways were being paid overtime allowance for extra duty hours exceeding 96 hours in two weeks, and sought a direction to the Union of India and Railway Administration to pay them the same allowance.
-Allowing the writ petition, the Court, HELD: There was no justification for denying over time allowance to the petitioners working in the Northern Railway.
-The Union of India and the Railway Administration to pay with effect from June 1, 1984 overtime allowance to the petitioners on the same basis on which their counter parts in the other three Railways are paid.
-[48B C] The benefit of the order to be extended to all such employees including those who have retired and those who have not joined as petitioners.
-[48D] All arrears of such allowances up to date to be paid within four months."