Search results for ‘SC 1962

STATE OF BIHAR Vs. KAMESHWAR PRASAD VERMA [ALL SC 1962 APRIL]

In accordance with British jurisprudence, no member of the executive can interfere with the liberty or property of a British subject except on the condition that he can support the legality of his action before a Court of justice. And it is the tradition of British justice that Judges should not shrink from deciding such issues in the face of the executive

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A person aggrieved by the order of a Tribunal can challenge the findings by a writ petition before High Court: SC on Assam Citizenship Case

MAY 17, 2019.-Abdul Kuddus Vs. Union of India and Others – where the issue and question of nationality has already been determined under the 1964 Order, an appeal would not be maintainable under paragraph 8 of the Schedule to the 2003 Rules. The determination would be final and binding on the Registering Authority under the Schedule and the Local Registrar. Paragraph 8 does not envisage and provide for a second round of litigation before the same authority i.e. the Foreigners Tribunal constituted under the 1964 Order on and after preparation of the final list. Provisions of paragraph 8 of the Schedule to the 2003 Rules will apply when there has not been an earlier adjudication and decision by the Foreigners Tribunal.

Mithilesh Kumari & Anr vs Prem Behari Khare [All SC 1989 February]

A retrospective operation is, therefore, not to be given to a statute so as to impair existing right or obligation, otherwise than as regards matter of procedure .unless that effect cannot be avoided without doing violence to the language of the enactment. Before applying a statute retrospectively the Court has to be satisfied that the statute is in fact retrospective. The presumption against retrospective operation is strong in .cases in which the statute, if operated retrospectively, would prejudicially affect vested rights or the illegality of the past transactions, or impair contracts, or impose new duty or attach new disability in respect of past transactions or consideration already passed.

What is a substantial question of law- SC explained

What is a substantial question of law would certainly depend upon facts and circumstances of every case and if a question of law had been settled by the highest court of the country that question however important and difficult it may have been regarded in the past and however large may be its effect on any of the parties, would not be regarded as substantial question of law. In Raghunath Prasad v. Deputy Commissioner of Partabgarh [1927] 54 LA. 126 the Judicial Committee observed that a question of law to be considered a “substantial question of law” need not be one of general importance and it could be a substantial question “as between the parties”.

A decree obtained by fraud cannot be used as res judicata and the same can be challenged by a separate Suit-SC

RAM CHANDRA SINGH VS
SAVITRI DEVI AND OTHERS – judiciary in India also possesses inherent power, specially u/s 151 CPC, to recall its judgment or order if it is obtained by fraud” on Court, In the case of fraud on a party to the suit or proceedings, the Court may direct the affected party to file a separate suit for setting aside the decree obtained by fraud. Inherent powers are powers, which are resident in all Courts, especially of superior jurisdiction. These powers spring not from legislation but from the nature and the constitution of the tribunals or Courts themselves so as to enable them to maintain their dignity, secure obedience to its process and rules, protect its officers from indignity and wrong and to punish unseemly behavior. This power is necessary for the orderly administration of the Court’s business.

RESERVE BANK OF INDIA AND ORS Vs. C.N. SAHASRANAMAN AND ORS [ALL SC 1986 APRIL]

The main question which needs determination is whether part of the scheme mentioned before introduced by the Reserve Bank of India is violative of guarantee of equality before law and of equal opportunity in public employment as enshrined in Articles 14 and 16 of the Constitution. The High Court noted that the point arose at the instance of three petitioners who were Grade II working at Nagpur branch of Reserve Bank ever since their employment which commenced somewhere between 1960 to 1965.

Social justice perspectives are integral to industrial jurisprudence – High-cost allowance as a component of D. A. is permissible in principle-SC

On a careful consideration of all the relevant factors, in my opinion, the dearness allowance paid to the PBI (Precision Bearings India) workmen at the minimum. level of basic pay from Rs. 26-upto Rs. 100-should be from 80 per cent, of the textile D.A. to 89 per cent, of the textile D.A. phased over a period of three years. The dearness allowance in the higher pay scale of Rs. 101-to Rs. 200- should be-40 per cent and in the still higher slab of Rs. 201 and above, should be 20 per cent, the percentage for the higher two slabs remaining the same.

C. Venkatachalam Versus Ajitkumar C. Shah and Others [ALL SC 2011 AUGUST]

In order to ensure smooth, consistent, uniform and unvarying functioning of the National Commission, the State Commissions and the District Forums, we deem it appropriate to direct the National Commission to frame comprehensive rules regarding appearances of the agents, representatives, registered organizations and/or non-advocates appearing before the National Commission, the State Commissions and the District Forums governing their qualifications, conduct and ethical behaviour of agents/non-advocates/representatives, registered organizations and/or agents appearing before the consumer forums.

State of West Bengal and ORS Vs  The Committee for Protection of Democratic Rights, West Bengal and ORS [ ALL SC 2010 FEBRUARY]

It may not be out of place to mention that in so far as this Court is concerned, apart from Articles 32 and 142 which empower this Court to issue such directions, as may be necessary for doing complete justice in any cause or matter, Article 144 of the Constitution also mandates all authorities, civil or judicial in the territory of India, to act in aid of the orders passed by this Court.

Mattapalli Chelamayya (dead) by his legal reps and anr Vs Mattapalli Venkataratnam (dead) by his legal reps and anr [SC 1972 JANUARY]

The partition of the immovable properties had been effected in about the middle of 1952 and the parties were since then in possession of the lands etc. which had been allotted to their share. The recital in the award is no more than a reference to an existing fact and does not purport to create or declare, by virtue of the award itself, right title or interest in immovable property.