Posts

Showing posts with the label Case summary

Must Read

Gulshan Prakash v. State of Haryana (2010) 1 SCC477

By
Image
Gulshan Prakash v. State of Haryana (2010) 1 SCC 477||Case Summary  Introduction  In this appeal, the Court has interpreted Article 15(4) of the Fundamental Right. It has been added by the 1st Amendment Act, of 1951. Facts The State of Haryana instructed Maharshi Dayanand University (MDU), Rohtak to conduct entrance examination for MD/MS/PG courses for the Session 2008-2009. The appellant made a representation to the Health Secretary for providing reservation for SC and ST in the Post Graduate courses, Since there was no response from the Health Secretary the Appellant filed a petition in the High Court.  The High Court dismissed the petition of the appellant therefore the appellant approached the Supreme Court by Special Leave Petition under Article 136. Appellant Contentions  MDU, Rohtak has provided 20% reservation for the graduate level courses or undergraduate courses therefore the said University should also provide reservation in for the PG courses.  The Government o
Post a Comment
Read more

Som Prakash Rekhi v. Union of India (1981) 1 SCC 449

By
Image
Som Prakash Rekhi v. Union of India, 1981||Case Summary  Introduction In Som Prakash Rekhi v. Union of India, 1981 we will understand Article 12 of the Constitution of India which defines the term 'State' in a broad manner and will get to know it's better interpretation produced by the Apex Court. Facts  A company named "Burmah Shell Oil Storage Ltd." a government company has been taken over by the Bharat Petroleum Corporation Ltd. (BPCL) another government company under the Burmah Shell Act, 1976. The petitioner who was a clerk in the Burmah Shell Company, retired at the age of 50 was entitled to a qualifying pension and was also covered by the scheme under the Employees Provident Fund and Family Pension Act, 1952 which has been deducted by the BPCL on certain grounds as a result the Petitioner moved the Supreme Court under Article 32 while stating that the deduction from his original Pension (Rs.165.99) to Rs. 40.05 is inhuman and illegal and violation
Post a Comment
Read more

Dharangadhara Chemical Works Ltd. v. State of Saurashtra AIR 1957 SC 264 : 1957 SCR 152

By
Image
Dharangadhara Chemical Works Ltd. v. State of Saurashtra Citation : AIR 1957 SC 264 F acts Dharangadhara Chemical Works Ltd. (the appellant) employed certain agarias at their salt works. The dispute arose regarding the conditions under which the agarias should be engaged by the appellant in the manufacture of salt. Therefore the dispute was presented before the Industrial Tribunal.  Appellant Contentions  The agarias were independent contractors and not workmen on the ground that the agarias had power to engage extra labour therefore the State was not competent to refer the present case for adjudication under Section 10 of the Industrial Dispute Act. Issue  Whether the agarias are workmen within the meaning of the Industrial Dispute Act, 1947? Case History    The Industrial Tribunal favoured the respondent (Agarias) while holding that the Agarias are workmen within the meaning of the Act.  The Labour Appellate Tribunal also while dismissing the appeal favoured the responden
Post a Comment
Read more

Municipal Corporation of Delhi v. Female Workers (Muster Roll) AIR 2000 SC 1274

By
Image
Municipal Corporation of Delhi v. Female Workers (Muster Roll) Case Summary  Facts In this landmark case, the female workers employed on a muster roll basis by the Municipal Corporation of Delhi (MCD) filed a petition seeking maternity benefits. The female workers argued that they should be entitled to the same maternity benefits as regular employees under the Maternity Benefit Act, 1961.  Issue Whether female workers employed on a muster roll basis are entitled to maternity benefits under the Maternity Benefit Act, 1961?  Respondent's Contentions 1. Right to Maternity Benefits : The petitioners contended that the Maternity Benefit Act, 1961, which provides maternity benefits to female workers, should be applicable to them despite their muster roll status. 2. Equality and Non-discrimination: They argued that the denial of maternity benefits to muster roll female workers was discriminatory and violated their right to equality under Article 14 and right to life and personal liberty
Post a Comment
Read more

Workmen of Dimakuchi Tea Estate v. Dimakuchi Tea Estate, AIR 1958 SC 353

By
Image
Workmen of Dimakuchi Tea Estate v. Dimakuchi Tea Estate, AIR 1958 SC 353 Case Summary Introduction The case of Workmen of Dimakuchi Tea Estate v. Dimakuchi Tea Estate involved a dispute between the management of the Dimakuchi Tea Estate and its workers. This case has discussed and cleared the meaning of the expression "any person" used in S.2(K) of the Industrial Dispute Act, 1947. The Supreme Court ruled in favour of a limited interpretation of the term "any person" thereby excluding the present appellant from the ambit of the Industrial Disputes Act of 1947. This decision denied the jurisdiction of the Industrial Tribunal to adjudicate the dispute and extended the benefits and protections of the Act to the employers. Facts of the Case The dispute was raised over the termination of the service of Dr K.P. Banerjee, who was appointed as an Assistant Medical Officer in the Respondent's estate (Dimakuchi Tea Estate), on the grounds of being incompetent. Although th
Post a Comment
Read more

State of U.P. v. Jai Bir Singh (2005) 5 SCC 1

By
Image
State of U.P. v. Jai Bir Singh (2005) Case Summary Introduction The present appeal along with other connected cases was made to this 5-Judge Bench on the reference of the 3-Judge Bench of this Court.  Factual Background Jai Bir Singh and other respondents were employed by the Uttar Pradesh State Warehousing Corporation (UPSWC), a statutory corporation. Their services were terminated without a formal inquiry or adherence to procedures laid out in the Industrial Disputes Act, of 1947. The respondents challenged their termination, claiming it was unjust and that they were entitled to protections under the Industrial Disputes Act as "workmen." Case History This case was referred by the three-judge Bench of this Court to a five-judge Bench after finding different opinions by this Court in two different cases over the same issue of whether the "Social Forestry Department" of State which is a welfare scheme would be covered by the definition of "industry"
Post a Comment
Read more

Zahira Habibulla H. Sheikh v. State of Gujarat (2004)

By
Image
Zahira Habibulla H. Sheikh v. State of Gujarat (2004) Case Summary Facts  It was stated that as a part of retaliatory action to avenge the killing of 56 persons in the Sabarmati Express, an unruly mob burnt down the business named 'Best Bakery' at Vadodara, Gujrat. Zahira was the main eyewitness who lost her family members. She made her statement during the investigation based on which the Chargesheet was filed but she resiled from her statement during the trial. Case History The Trial Court acquitted the accused.  She approached the National Human Rights Commission [NHRC] stating that she was turned hostile during the trial because she was threatened by the powerful politicians to not speak against the accused person. Therefore, an SLP under Article 32 was filed by NHRC before the Supreme Court Court. Also, the State, though not up to the mark and with due care, and the appellant filed an appeal before the High Court and one Sahera Banu filed a revision petition before the Hi
Post a Comment
Read more

Mohd. Ajmal Amir Kasab v. State of Maharashtra (2012)

By
Image
Mohd. Ajmal Amir Kasab v. State of Maharashtra (2012) Case Summary Facts  Ajmal Kasab, a Pakistani national and a member of the terrorist organisation named " Lashkar-e-Taiba", came to India with 9 others. He carried 12 coordinated shooting and bombing attacks which lasted for four days till 29 Nov 2008 across Mumbai resulting in the death of a total of 175 people with more than 300 injured. After his arrest, he refused to take the services of Indian lawyers and demanded a lawyer from his country. Later on, getting no help from his country, the appellant was convinced to be represented by Indian lawyers. This appeal was raised against the order of the High Court which upheld the conviction order of the Trial Court. The Trial Court relying on the evidences, witnesses and his confessional statement convicted him and sentenced him to death. Contentions of the Appellant's Counsel Fair trial is an essential right of every person, which includes the right to be represe
Post a Comment
Read more

Rohtas Industries Staff Union v. State of Bihar AIR 1963 Pat. 170

By
Image
Rohtas Industries Staff Union v. State of Bihar, AIR 1963 || Case Summary What we will learn Whether the "industrial disputes" cover a dispute raised due to the loss of the employers caused by the strike of the employees. Whether the workers had committed the tort of conspiracy. Whether the workers, who participated in an illegal strike, were protected by S.18 of the Trade Union Act. Whether the company has the right of civil action for damages against the worker. Facts The petitioner, a registered trade Union known as the Rohtas Industries Mazdoor Sangh, went on a strike against the non-payment of bonus and non-implementation of the Shri Jee Jee Bhoy's award by the respondents. The strike ended on an agreement between the parties in which they agreed to settle their dispute through arbitration, as provided under S.10A of the Industrial Dispute Act. The main issue before the arbitrators was whether the workers were liable to get payment for the period of the strike or
Post a Comment
Read more

R.S. Ruikar v. Emperor AIR 1935 Nag. 149

By
Image
R.S. Ruikar v. Emperor, 1935 Case Summary/Brief  Facts The appellant was the President of the Nagpur Textile Union, who organized a strike against the Empress Mills, Nagpur for not fulfilling certain conditions settled by them in a previous strike. The appellant in order to make the strike more impactful and to get the involvement of larger members encouraged the members to picket at the mills through speeches. Also, on a complaint from female members, of the harassment by the police, the appellant posted his wife on the gate of a mill with instructions to beat, with her slippers, anyone who interfered with her. The charges under S.7 of the Criminal Amendment Law were made against him for the abetment of picketing and a conviction order was made by the Court. Hence the appellant made a revision petition. Issues Whether the Court was right in making the conviction order. Whether the appellant will get the benefit of S.17 of the Trade Union Act. Contentions of the Appellant By referring
Post a Comment
Read more

In Re Inland Steam Navigation Worker’s Union, AIR 1936

By
Image
In Re Inland Steam Navigation Worker’s Union, AIR 1936 || Case Summary  Facts An application for the registration of the "Inland Steam Navigation Worker’s Union", formed by the employees of all Inland Steamer Services, was rejected by the Registrar on the ground of a declaration made by the General Sec. of the Inland Steam Navigation Worker's Union that this Union was formerly known as RSN and LGN and Ry. Workers' Union which have been declared unlawful under S. 16 of the Criminal Law Amendment Act, 1908, and had been banned.  Therefore the appellant came here under S.11 of the Trade Union Act. Issue  Whether the Registrar of the Trade Union was right to pass a decision after relying on the letter presented before the Bengal Government. Ratio Decidendi  The Registrar must have to notify and provide an opportunity to defend to the appellant before rejecting the application on the basis of the letter.  Section 8 of the Trade Union Act empowers the Registrar to refuse a
Post a Comment
Read more

The Tamil Nadu Non-Gazetted Government Officers’ Union, Madras v. The Registrar of Trade Unions, AIR 1962

By
Image
The Tamil Nadu Non-Gazetted Government Officers’ Union, Madras v. The Registrar of Trade Unions, AIR 1962||Case Summary  Facts  The appellant Union was a Service Association of all the Non-gazetted Officers of the Madras Government except the executive officers of police and prison departments.  Ten members of the association made an application to the Registrar for registration as a Trade Union. The Registrar rejected the application on the ground that the said association of ministerial employees cannot claim registration as a trade union. Case History In an appeal under S. 11 of the Trade Union to the Court of Learned Judge Rama Chandra Iyer,  w hile upholding the order of the Registrar said:- "Workman" under S. 2(h) of the Trade Union Act includes only manual laborers and workers and does not include civil servants. The concept of collective bargaining which is the rationale behind trade unions does not apply to government servants. Also, a trade union has the r
Post a Comment
Read more

Abdul Karim v. State of Karnataka (2000)

By
Image
 Abdul Karim v. State of Karnataka (2000) Introduction The present appeal was raised against the order of a Special Designated court which withdrew the charges made under TADA, on an application made by Special Public Prosecutor under S.321 of the CrPC. The appellant alleged that the application to withdraw the prosecution was made in lieu of the release of actor Rajkumar who had been abducted by the prime accused Veerappan.  Facts Veerappan, a prime accused in various cases under different penal laws for committing offenses such as smuggling of elephants ivory and sandalwood, kidnapping, murder, and so on, abducted a famous actor Rajkumar and 3 others, out of them 1 was escaped and 1 was released. The accused Veerappan put a total of 12 demands before the State Government of Tamil Nadu and Karnataka for the release of Rajkumar and another.  Out of the 12 demands, 2 are important for our consideration in this case. The first was to release his associates from Karnataka pris
Post a Comment
Read more

Ajay Kumar Parmar v. State of Rajasthan, 2012

By
Image
Ajay Kumar Parmar v. State of Rajasthan, 2012 Case Summary Facts An FIR was registered on 23.03.1997 after a statement under S.161 of Crpc made before the Dy. SP by the victim Pushpa in which she stated that the appellants Ajay Kumar Parmar and his father had raped her on 10.03.1997.  On an application made by Pushpa, as she was unsatisfied with the investigation of the police, the CJM, Sirohi directed the Judicial Magistrate, Sheoganj to take her statement under S.164 of the CrPC. The plaintiff in her statement under S.164 before the Judicial Magistrate stated that the FIR and the statement recorded before the Dy. SP was false and no offence had been committed. Therefore the Magistrate acquitted the appellant. Case History The Session Court  while allowing the revision petition filed by the Public Prosecutor reversed the order of the Magistrate on two grounds:-  Section 342 and 376 of IPC are triable by the Session Court, therefore no Magistrate can acquit the appellant on an
Post a Comment
Read more

Mohan Singh v. State of Bihar, 2011

By
Mohan Singh v. State of Bihar, 2011 Facts An FIR was registered by the Motihari Town Police Station on 03.08.2005 against the appellants Mohan Singh, Laxmi Singh and others for the murder of the father (Sureshwar Jha) and brother (Anil Kumar Jha) of the informant Vikas Kumar Jha. The informant in its fardbeyan disclosed that the appellants were known to his family and had made several attempts to extort money from his family earlier by threatening them for which a complaint had been also filed with the police. The informant alleged that the appellants had killed his brother and father for not having paid the extortion money. Accordingly, the charges were framed for the murder of the deceased and criminal conspiracy under S.120B and extortion under S.387 of the IPC. Case History The Session Court sentenced the appellant to life imprisonment for criminal conspiracy to murder under S.120B, IPC and for extortion (S.387) The High Court upheld the conviction order of the Session Court. There
Post a Comment
Read more

Rangaswami v. Registrar of Trade Unions, AIR 1962

By
Image
Rangaswami v. Registrar of Trade Unions, AIR 1962||Case Summary  Facts Persons employed at Raj Bhavan of Guindy and Ootacamund, Tamilnadu as domestic helpers, gardeners, and maistries formed a Trade union and applied for its registration before the registrar of Trade Union, Madras. Although all of them were appointed and controlled by the Comptroller, only the domestic helpers were entitled to the pension. Case History The Registrar rejected the application for registration on the ground that members were not associated with a trade or business, which is essential to form a trade union as per S.2(h) of the Trade Union Act, 1926. The petitioner made an appeal under S.11 of the Trade Union Act of 1926. Petitioner Contention The term "Workmen" means one employed in an industry. Although the definition of an Industry is not given in the Trade Union Act Industry, as per S.2(j) of the Industrial Dispute Act includes the services provided by the workers as they were not only serving
Post a Comment
Read more

State (Delhi Administration) v. Sanjay Gandhi (1978)

By
Image
State (Delhi Administration) v. Sanjay Gandhi (1978) Case Summary Facts The present appeal for the cancellation of bail was raised after the two approvers turned hostile and resiled from their earlier statements. Earlier the respondent was granted anticipatory bail on charges made by the CBI under S.120B read with S.409, S.435, and S.201 of the IPC.  It was alleged that the respondent along with other officials and Minister for Information and Broadcasting, V.C. Shukla, had burnt and destroyed the film "Kissa Kursi Ka" in a factory premises of Maruti Ltd, which had to be screened before the Judges of the Supreme Court to decide whether the censor board had rightly refused to grant certificate for exhibition or not. Issue Whether the High Court was right in rejecting the application for cancellation of bail. Ratio Decidendi The Court said rejection of bail and cancellation of bail is different, it is easier to reject a bail application than to cancel a bail granted. T
Post a Comment
Read more

Shri Gurbaksh Singh Sibbia v. State of Punjab, 1980

By
Image
Gurbaksh Singh Sibbia v. State of Punjab, 1980 case summary Introduction   A very interesting case, where the Court discussed Anticipatory bail which is enshrined in Chapter XXXIII, Section 438 of CRPC, 1973 (Provision of Anticipatory Bail is given under Section 482, Bhartiye Nagarik Suraksha Sanhita,2023 ) Facts This appeal was raised by Shri Gurbaksh Singh Sibbia, who was a Minister of Irrigation and Power in the Government of Punjab and allegedly committed various political Corruption, against the judgement of the Full Bench of the Punjab & Haryana High Court which rejected the anticipatory bail application made under S.438. The Full Bench of the Punjab and Haryana High Court formulated eight-point rules to be considered while granting anticipatory bail. These are- The power under S.438 is extraordinary and shall be used sparingly in exceptional cases only. It shall not be granted as a blanket for offences not yet committed or without any accusations made. All the condi
Post a Comment
Read more