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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1992 Page 7 of about 113 results (0.070 seconds)

Feb 20 1992 (SC)

Secretary, Finance Department and Others Vs. West Bengal Registration ...

Court : Supreme Court of India

Decided on : Feb-20-1992

Reported in : AIR1992SC1203; (1992)2CALLT1(SC); JT1992(2)SC27; 1992(1)SCALE437; 1993Supp(1)SCC153; [1992]1SCR897; 1992(2)LC359(SC)

ordera.m. ahmadi, j.1. these three appeals by special leave arise out of the judgement & order dated 28th june, 1989 passed by the division bench of the high court of calcutta and from the subsequent orders dated march 16, 1990 and march 30, 1990 made in pursuance thereof. the brief facts giving rise to these three appeals may be stated as under.2. the west bengal registration service comprising the sub-registrar's post was administered by the judicial department of the state. under the west bengal (revision of pay & allowances) rules, 1951 (hereinafter called 'the ropa rules') the scale of pay for the said post was fixed at rs. 100-250. by a resolution dated may 22, 1952 the said post of sub-registrar was directed to be regarded as gazetted with effect from april 1, 1952 and thereafter by notification dated july 17, 1953 the governor, in exercise of powers conferred by rule 188 of the civil service (classification, control & appeal) rules read with articles 313 and 372 of the adoption of laws order, 1950 and all other related powers, declared that the west bengal registration service comprising (1) registrar of assurances, calcutta, (ii) inspectors of registration offices, (iii) departmental district sub-registrars, (iv) sub-registrar of assurances, calcutta (v) district sub-registrars, and (vi) sub-registrars shall, with effect from january 30, 1953, the date of constitution of the said service, be deemed to be included in the state service. the respondents who belong to .....

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Aug 12 1992 (SC)

Union of India and Others Vs. Surya Phosphate Ltd. and Another

Court : Supreme Court of India

Decided on : Aug-12-1992

Reported in : AIR1993SC1620; 1992(2)BLJR1292; JT1992(4)SC481; 1992(2)SCALE159; (1992)4SCC1; [1992]3SCR817; 1992(2)LC620(SC)

orderp.b. sawant, j. 1. the question involved in the present appeal is of the interpretation of circular letter dated 19th june, 1982 issued by the fertilizer industry coordination committee, government of india [department of chemicals & fertilizers] ['ficc'] to all manufacturers of single super phosphate. did the circular letter represent to the manufacturers that they would be paid differential rate of subsidy based on the actual ex-factory price of each of the manufacturing units or did it inform them that the subsidy would be based on the ex-factory price of each of the units which would be worked out by the ficc? to appreciate the controversy, it is necessary to have a glimpse of the relevant facts.single super phosphate ['ssp'] is a low nutrient phosphatic fertilizer. its two major ingredients are rock phosphate and sulphur. the consumption norms of the two items for manufacturing one metric tonne of ssp are 0.57 m.t. of rock phosphate and 0.125 m.t. of sulphur.ssp was brought under retention price control w.e.f. 23rd may, 1982. there are a number of units manufacturing ssp in the small and medium sectors.in order to boost up the consumption of phosphatic fertilizer, ficc had in march, 1976 issued a scheme of flat subsidy of rs. 1250/- per tonne of p-205 [equivalent of rs. 200/- per tonne of ssp]. the benefit of this subsidy was passed on the fanners by lowering suitably the prevailing price of phosphatic sulphur.2. before 23rd may, 1982, viz., the date on which the .....

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Aug 11 1992 (SC)

R.M. Gurjar and Another Vs. High Court of Gujarat and Others

Court : Supreme Court of India

Decided on : Aug-11-1992

Reported in : AIR1992SC2000; [1992(65)FLR682]; (1992)2GLR1535; JT1992(4)SC586; 1992LabIC2042; 1992(2)SCALE148; (1992)4SCC10; [1992]3SCR775; 1993(2)SLJ57(SC); 1992(2)LC318(SC)

orderkuldip singh, j.1. r.m. gurjar and d.n. jadhav were working as junior clerks in the civil courts under the administrative control of district judge, broach, gujarat. disciplinary proceedings were initiated against them on the charge that they falsely identified three persons before a judicial magistrate. at the enquiry both of them admitted the charge and prayed for mercy. the district judge by the order dated june 5, 1974 imposed the penalty of withholding their future promotions with permanent effect. the high court in exercise of its powers under rule 23 of the gujarat civil services (discipline & appeal) rules, 1971 (the rules) enhanced the penalty and imposed the punishment of removal from service. it is not disputed that the high court enhanced the penalty after affording opportunity to the two officials in accordance with law. gurjar and jadhav challenged the order of their removal by way of a writ petition under article 226 of the constitution of india before the high court. the learned single judge after considering the relevant provisions including the historical background of various constitutional reforms appears to have been of the view that the source of power to pass the impugned order lay in the constitutional control of the high court under article 235. however, the difficulty which came in the way of the learned single judge to hold so was on account of the judgment of a division bench in ramesh c. mashruvala v. state 16 g.l.r. 277 wherein the division .....

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Dec 18 1992 (SC)

Sampat Singh and ors. Vs. State of Haryana and ors.

Court : Supreme Court of India

Decided on : Dec-18-1992

Reported in : 1992(3)SCALE565; (1993)1SCC561; [1992]Supp3SCR728

s. ratnavel pandian, j. 1. the above special leave petition is preferred by the petitioners of whom petitioner nos. 1 to 16 are members of the legislative assembly of haryana and petitioner nos. 17 to 19 are members of the parliament. they all jointly filed a civil writ petition no. 14500 of 1991 under article 226 of the constitution of india before the high court of punjab and haryana, chandigarh seeking various reliefs, the main of which being to direct an investigation by central bureau of investigation against ch. bhajan lal on the. basis of f.i.r. no. 372 of 1987 of sadar police station, registered on the complaint of dharam pal, making serious allegations on corruption, misuse of authority etc. and for setting aside the order of the magistrate discharging the accused, ch. bhajan lal.2. the high court dismissed the petition by a brief order without going into the locus standi of the petitioners. the relevant portion of the impugned order is as follows:3. the reasons disclosed in the writ petition and canvassed by the learned counsel for the petitioners broadly are, that respondent no. 2 being in the helm of affairs of state, there is a reasonable apprehension in the minds of the people that a fair and impartial investigation in the aforesaid f.i.r. is not expected, more so when respondent no. 2 in the earlier case has already refuted the allegations levelled against him in the affidavit filed by him before the hon'ble supreme court. it has been vehemently stressed by the .....

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Apr 15 1992 (SC)

Asha Kaul (Mrs) and anr. Vs. State of Jammu and Kashmir and ors.

Court : Supreme Court of India

Decided on : Apr-15-1992

Reported in : JT1993(2)SC688; (1994)1MLJ29(SC); 1993(2)SCALE545; (1993)2SCC573

b.p. jeevan reddy, j.1. heard counsel for the parties. leave granted in s.l.ps. 12608/ 92 and 16418/92.2. the appeals are directed against the judgment of the division bench of the jammu and kashmir high court allowing a special appeal preferred by the state of jammu and kashmir against the judgment of the learned single judge. the learned single judge had allowed the writ petition filed by the appellants herein. the matter pertains to approval and publication of the select list of district munsifs prepared by the jammu and kashmir public service commission.3. on may 28, 1984 the high court intimated the government of ten vacancies in the category of munsifs and requested the government to initiate appropriate steps for selection of candidates. the government wrote to the public service commission and the latter issued the notification and put the process in motion. written test was held in the year 1985. vivo-voce was also held. at that stage, the high court requested the government (with a copy forwarded to the public service commission) to select twenty candidates in the place of ten. this was done on december 10, 1985. the government, in turn, requested the public service commission on december 27, 1985 to select twenty candidates. on march 11, 1986 the public service commission sent three select lists, one containing twenty candidates, the other containing three scheduled castes candidates and a waiting list of ten candidates.4. from the record placed before us by the .....

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Mar 13 1992 (SC)

National Power Transmission Corporation Ltd. Vs. Corporate Executive A ...

Court : Supreme Court of India

Decided on : Mar-13-1992

Reported in : AIR1992SC1425; 1997(1)Crimes81(SC); JT1992(2)SC344; 1992LabIC1458; (1993)IILLJ820SC; 1992(1)SCALE670; 1992Supp(2)SCC283; [1992]2SCR234; 1992(1)LC657(SC)

orderpatnaik, j.1. special leave granted.2. on 23rd october, 1989 was incorporated national power transmission corporation (nptc) with the object of developing a power system network in all its aspects including planning, investigation, research, design and engineering preparation and construction of sub-stations, load despatch stations and communication facilities, co-ordination of regional and national grid system, providing consultancy, execution of turnkey jobs and purchase and sale of power. to achieve these objectives, it was decided to transfer it transmission lines and sub-stations of the various generating organisations and sub-stations of the various generating organisation namely (a) national thermal power corporation (ntpc), (b) nuclear power corporation of india ltd. (npc), (c) north eastern electric power corporation ltd. (neepco), (d) national hydro-electric power corporation (nhpc), (e) neyveli lignite corporation ltd. (nlc), (f) tehri hydro development corporation ltd. (thdc), (g) damodar valley corporation (dvc), (h) bhakra beas management board (bbmb).3. on 12th july, 1991, the ministry of power and non-conventional energy sources, department of power, government of india issued instructions to ntpc and nptc by way of follow up measure pertaining to transfer of assets, service conditions of employees, their absorption etc. the ntpc issued circular dated 18.7.1991 in confirmity with the aforesaid instructions of the government of india.4. the respondent no. .....

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Jul 30 1992 (SC)

Miss. Mohini JaIn Vs. State of Karnataka and Others

Court : Supreme Court of India

Decided on : Jul-30-1992

Reported in : AIR1992SC1858; JT1992(4)SC292; 1992(2)SCALE90; (1992)3SCC666; [1992]3SCR658; 1992(2)LC331(SC); (1992)2UPLBEC1198

orderkuldip singh, j.1. the karnataka state legislature, with the object of eliminating the practice of collecting capitation fee for admitting students into educational institutions, enacted the karnataka educational institutions (prohibition of capitation fee) act, 1984 (the act). the act which replaces the karnataka ordinance no. 14 of 1983 came into force with effect from july 11, 1983. purporting to regulate the tuition fee to be charged by the private medical colleges in the state, the karnataka government issued a notification dated june 5, 1989 under section 5(1) of the act thereby fixing the tuition fee, other fees and deposits to be charged from the students by the private medical colleges in the state. under the notification the candidates admitted against 'government seats' are to pay rs. 2,000/- per year as tuition fee. the karnataka students (other than those admitted against 'government seats') are to be charged tuition fee not exceeding rs. 25,000/- per annum. the third category is of 'indian students from outside karnataka', from whom tuition fee not exceeding rs. 60,000/- per annum is permitted to be charged.2. miss mohini jain a resident of meerut was informed by the management of sri siddhartha medical college, agalokote, tumkur in the state of karnataka that she could be admitted to the mbbs course in the session commencing february/march 1991. according to the management she was asked to deposit rs. 60,000/- as the tuition fee for the first year and .....

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Nov 17 1992 (SC)

Gannon Dunkerley and Co. and ors. Vs. State of Rajasthan and ors.

Court : Supreme Court of India

Decided on : Nov-17-1992

Reported in : 1993(37)KarLJ279; 1992(3)SCALE173; (1993)1SCC364; [1992]Supp3SCR103; [1993]88STC204(SC)

s.c. agrawal, j. 1 having heard learned counsel in slp(c) nos. 3365-68 of 1992 we hereby grant special leave to appeal and proceed to dispose of the appeals.2. these appeals arising from the judgment of the rajasthan high court dated september 6, 1991, and the connected writ petition filed under article 32 of the constitution interest questions relating to imposition of tax on the transfer of property in goods involved in the execution of works contracts and the power to impose this tax became available to the state legislature as a result of the amendments introduced in the constitution by the constitution (forty sixth amendment) act, 1982 hereinafter referred to as the forty sixth amendment. the validity of the said amendment has been upheld by this court in builders association of india and ors. v. union of india : [1989]2scr320 wherein this court has also considered the scope and ambit of the legislative power to impose the said tax.3. the relevant historical background leading to the enactment of the forty sixth amendment has been set out in detail in the builders association case (supra). we would therefore only make a brief reference to the circumstances which led to the said amendment.4. under entry 48 in list ii of seventh schedule to the government of india act 1935 the legislative power to impose taxes on sale of goods and on advertisements was conferred on the provincial legislatures under the constitution as adopted the said taxing power was divided between .....

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Jan 16 1992 (SC)

Kanoria Chemicals and Industries Ltd. and anr. Vs. State of U.P. and o ...

Court : Supreme Court of India

Decided on : Jan-16-1992

Reported in : JT1992(1)SC199; 1992(1)SCALE107; (1992)2SCC124; [1992]1SCR151

s. ranganathan, j.1. there was a time when, in almost every state in india, people were invited to avail of the supply of the electric energy produced in the state and offered special concessions when they agreed to do so in bulk under long-term contracts. a situation, however, has since developed when the demand for the energy increased so rapidly that, despite the quantity of available electric energy also having gone up tremendously the rates of supply agreed upon became uneconomical. the state and its instrumentalities, who were supplying the energy, found themselves without power to revise the rates to meet the altered situation until the legislature came to the rescue. it is this situation in the case of kanoria chemicals and industries ltd. (hereinafter referred to as 'the appellant') which has given rise to these appeals.2. the electricity (supply) act, 1948, (hereinafter referred to as 'the 1948 act') entrusted the control over the generation and distribution of electric energy to electricity boards constituted under the act. in the state of uttar pradesh, the u.p. state electricity board (hereinafter referred to as 'the board,) was constituted on 1.4.1959. at that time, the state government (hereinafter referred to as 'the state') was in the process of establishing the rihand hydro-electric generating plant, which become operational w.e.f. 1.2.62, and attained an ultimate installed capacity of 300 m.w. the control of this remained with the state till 31.3.1965. .....

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Apr 21 1992 (SC)

Food Corporation of India Through Its District Manager, Faridkot, Punj ...

Court : Supreme Court of India

Decided on : Apr-21-1992

Reported in : AIR1992SC1406; JT1992(4)SC1; 1992(1)SCALE928; (1992)3SCC67; [1992]2SCR615

madan mohan punchhi, j. 1. in this batch of 87 matters, 19 are special leave petitions preferred by the food corporation of india through its district manager, faridkot, punjab, and the remaining by some claimant-landowners against the food corporation of india. the dispute is about the correct assessment of the market value of the land acquired by the state of punjab for the food corporation of india. notice was issued to the contesting parties indicating to them that the matter may finally be disposed of at the notice stage itself. therefore these have been heard in full. on behalf of the food corporation of india, mr. g.l. sanghi, sr. advocate has been heard and mr. rajinder sachar, sr. advocate for the claimant-land-owners. special leave is granted in all these matters.2. land measuring 400 kan 12 marias (a little over 50 acres) situated in the revenue estate of village danewala, tehsil muktsar, district faridkot, punjab, was acquired for construction of food grain godowns. notifications under sections 4 and 6 were issued simultaneously on the same day, that is, 20th december, 1977. the district collector of faridkot on january 31, 1984 awarded compensation for the acquired land differentiating between nehri lands and barani lands at the rate of rs. 30,000 per acre and below. being not satisfied, the claimant-land-owners moved the collector, faridkot, for references under section 18 of the act for enhancement of compensation. two references were filed by the food .....

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