NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No. 888 OF 2019 (Arising out of S.L.P.(Crl.) No.3502 of 2019) Jitender Kumar @ Jitender Singh ….Appellant(s) VERSUS The State of Bihar ….Respondent(s) J U D G M E N T Abhay Manohar Sapre, J. 1. Leave granted. 2. This appeal is directed against the final judgment and order dated 28.03.2019 passed by the High Court of Judicature at Patna in Criminal Miscellaneous No.5293 of 2019 whereby the High 1 Court dismissed the petition filed by the appellant herein. 3. A few facts need mention hereinbelow for the disposal of this appeal, which involves a short point. 4. By impugned order, the High Court (Single Judge) dismissed the petition filed by the appellant herein under Section 482 of the Code of Criminal… Read More Mere mentioning of the pleadings , arguments and list of authorities and criptic conclusion – can not be cosidered as reasoned order = The need to remand the case to the High Courthas occasioned because on perusal of the impugned order, we find that paras 1 to 4 contain facts of the case, paras 5 and 6 contain the submissions of the learned counsel for the parties, paras 7 to 9 refer to 3 what transpired in the Trial Court, paras 10 and 11 contain quotation from two decisions of this Court and para 12 contains the conclusion, which reads as under: “12. After giving analytical thought to the facts and circumstances of the case, the instant petition is found devoid of merit, consequent thereupon is dismissed.” In the entire impugned order, which consists of 13 paras, we find that the High Court did not assign any reason as to why the petition is liable to be dismissed. In other words, neither there is any discussion and nor the reasoning on the submissions urged by the learned counsel for the parties.
Civil Appeal No…… of 2019 @ SLP(C)No.20 of 2018 etc. 1 State of Bihar and Ors. vs. The Bihar Secondary Teachers Struggle Committee, Munger & Ors. REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 4862 OF 2019 (ARISING OUT OF SPECIAL LEAVE PETITION (C) NO.20 OF 2018) STATE OF BIHAR… Read More “method of recruitment” and “employer’s capacity to pay” = Sarva Shiksha Abhiyan, introduction of Article 21A in the Constitution and coming into force of the Right of Children to Free and Compulsion Education Act, 2009 (‘RTE Act’, for short), the State was required to Civil Appeal No…… of 2019 @ SLP(C)No.20 of 2018 etc. 3 State of Bihar and Ors. vs. The Bihar Secondary Teachers Struggle Committee, Munger & Ors. induct large number of teachers in order to meet the required obligations. These teachers employed at Panchayat, Nagar Panchayat and Municipal levels were not given same salaries and emoluments like the teachers who were paid at the Government scales. The petitions seeking same salaries and emoluments on the principle of “equal pay for equal work” filed by the latter category of teachers, were allowed by the High Court.= We, therefore, have to proceed on the following basic premise:- a) It was open to the State to have two distinct cadres namely that of ‘Government Teachers’ and ‘Niyojit Teachers’ with Government Teachers being a dying or vanishing cadre. The incidents of these two cadres could be different. The idea by itself would not be discriminatory. b) The pay structure given to the Niyojit Teachers was definitely lower than what was given to Government Teachers but the number of Government Teachers was considerably lower than the number of Niyojit Teachers. As stated above, presently there are just about 66,000 Government Teachers in the State as against nearly 4 lakh Niyojit Teachers. There is scope for further appointment of about 1 lakh teachers which could mean that as against 5 lakh teachers the number of State Teachers would progressively be going down. c) The parity that is claimed is by the larger group with the lesser group as stated above which itself is a dying or a vanishing cadre. d) The mode of recruitment of Niyojit Teachers is completely different from that of the Government Teachers as stated above. If a pay structure is normally to be evolved keeping in mind factors such as “method of recruitment” and “employer’s capacity to pay” and if the limitations or qualifications to the applicability of the doctrine of ‘equal pay for equal work’ admit inter alia the distinction on the ground of process of recruitment, the stand taken on behalf of the State Government is not unreasonable or irrational. – allowed the appeals filed by state
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 4875-4884 OF 2019 (Arising out of SLP(C) Nos.21962-21971 OF 2018) THE SUPERINTENDING ENGINEER …Appellants TWAD BOARD & ANOTHER VERSUS M. NATESAN ETC. …Respondents J U D G M E N T R. BANUMATHI, J. Leave granted. These appeals arise out of the… Read More Industiral disputes – labour court – worked continuously for 240 days.= Store Watchman on daily wages under NMR basis temporarily in newly created Sectional stores in various Sub Divisions under the control of Rural Water Supply (RWS) Divisions, Nagercoil = Burden lies on whom = It is to be pointed out that the initial burden is upon the respondents-workmen to adduce evidence showing that they have worked continuously for 240 days. Only when the initial burden is discharged by the respondentsworkmen, the burden can be shifted upon the appellant-Board. Both the Single Judge as well as the Division Bench were not right in placing the burden upon the appellant-Board to prove that the respondents-workmen had not worked continuously for 240 days in a year.
NONREPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 885 OF 2019 (Arising out of SLP (Crl.) No. 9063 of 2017) SUKHPAL SINGH KHAIRA …APPELLANT (S) VERSUS THE STATE OF PUNJAB …RESPONDENT (S) with CRIMINAL APPEAL NO. 886 OF 2019 (Arising out of SLP (Crl.) No. 9150 of 2017) JOGA SINGH AND ANOTHER ….APPELLANT (S) VERSUS THE STATE OF PUNJAB …RESPONDENT (S) O R D E R 1. Leave granted. 2. These Criminal Appeals are filed against the impugned judgment and order of the High Court of Punjab and Haryana, dated 17.11.2017, passed in Criminal Revision No. 4070 of 2017 and Criminal … Read More Whether the trial court has the power under Section 319 of CrPC for summoning additional accused when the trial with respect to other coaccused has ended and the judgment of conviction rendered on the same date before pronouncing the summoning order? II. Whether the trial court has the power under Section 319 of the CrPC for summoning additional accused when the trial in respect of certain other absconding accused (whose presence is subsequently secured) is ongoing/pending, having been bifurcated from the main trial? III. What are the guidelines that the competent court must follow while exercising power under Section 319 Cr.P.C? 15 28. In light of the same, we direct the Registry to place these matters before Hon’ble the Chief Justice of India for constitution of a Bench of appropriate strength for considering the aforesaid questions.
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1223 OF 2015 RAKESH TIWARI, ADVOCATE … APPELLANT VERSUS ALOK PANDEY, C.J.M. … RESPONDENT J U D G M E N T ARUN MISHRA, J. The appellant, advocate, has been convicted for his undesirable conduct by the High Court vide impugned judgment… Read More Contempt of court – by Adocate = not entitled to practice in the court ? = “Sri Rakesh Tripathi, Advocate, on 21st December, 2012 during lunch hour without taking permission from C.J.M., Allahabad entered into his chamber along with 2-3 colleagues and at the said point of time he started hurling filthy abuses to the CJM and the matter did not end there, as he also raised his hand to beat the Chief Judicial Magistrate and also threatened him of dire consequences. The contemnor also asked the C.J.M. as to why he has not passed an order for lodging F.I.R. when he had asked for the same. This act on the part of the contemnor constitutes criminal contempt within the meaning of Section 2(c) of Contempt of Courts Act, 1971, as this act has not only lowered the authority of the Court but also scandalised the Court and the same has also the tendency of interference with the due course of administration of justice.” -When the rules stipulate that a person who committed contempt of court cannot have the unreserved right to continue to appear and plead and conduct cases in the courts without any qualm or remorse, the Bar Council cannot overrule such a regulation concerning the orderly conduct of court proceedings. Courts of law are structured in such a design as to evoke respect and reverence for the majesty of law and justice. The machinery for dispensation of justice according to law is operated by the court. Proceedings inside the courts are always expected to be held in a dignified and orderly manner. The very sight of an advocate, who was found guilty of contempt of court on the previous hour, standing in the court and arguing a case or crossexamining a witness on the same day, unaffected by the contemptuous behavior he hurled at the court, would erode the dignity of the court and even corrode the majesty of it besides impairing the confidence of the public in the efficacy of the institution of the courts. This necessitates vesting of power with the High Court to formulate rules for regulating the proceeding inside the court including the conduct of advocates during such proceedings. That power should not be confused with the right to practice law. While the Bar Council can exercise control over the latter the High Court should be in control of the former. – where an advocate is shown to have accepted money in the name of a judge or on the pretext of influencing him; or where an advocate is found tampering with the court’s record; or where an advocate is found actively taking part in faking court orders (fake bail orders are not unknown in several High Courts!); or where an advocate has made it into a practice to browbeat and abuse judges and on that basis has earned the reputation to get a case transferred from an “inconvenient” court; or where an advocate is found to be in the habit of sending unfounded and unsubstantiated allegation petitions against judicial officers and judges to the superior courts. =sentence in the following manner : 1. The sentence of imprisonemnt of 6 months shall remain suspended for further period of 3 years subject to his maintaining good and proper conduct with a condition that he shall not enter the premises of the District Judgeship, Allahabad for a further period of three years in addition to what he has undergone already. The period shall commence from 1.7.2019 to 30.6.2022. In case of non violation of aforesaid condition the sentence after three years shall be remitted 2.However, sentence of imprisonment may be activated by this Court in case it is found that there is breach of any condition made by the concerned advocate during the period of three years. 3. He shall deposit fine of Rs.2000 as imposed by the High Court. In case of failure to deposit fine he shall not enter the premises of District Judgeship for a period of three months
1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/INHERENT/ORIGINAL JURISDICTION M A No. 1151 of 2018 In Civil Appeal No. 2368 of 2011 B K Pavitra and Ors …Appellants Versus The Union of India and Ors …Respondents With Review Petition (c) Diary No. 7833 of 2017 With Review Petition (c) Diary No.10240 of 2017… Read More The validity of the Karnataka Extension of Consequential Seniority to Government Servants Promoted on the Basis of Reservation (to the Posts in the Civil Services of the State) Act 2018 = we have come to the conclusion that the challenge to the constitutional validity of the Reservation Act 2018 is lacking in substance. Following the decision in B K Pavitra I, the State government duly carried out the exercise of collating and analysing data on the compelling factors adverted to by the Constitution Bench in Nagaraj. The Reservation Act 2018 has cured the deficiency which was noticed by B K Pavitra I in respect of the Reservation Act 2002. The Reservation Act 2018 does not amount to a usurpation of judicial power by the state legislature. It is Nagaraj and Jarnail compliant. The Reservation Act 2018 is a valid exercise of the enabling power conferred by Article 16 (4A) of the Constitution. We therefore find no merit in the batch of writ petitions as the constitutional validity of the Reservation Act 2018 has been upheld. They shall stand dismissed. Accordingly, the review petitions and miscellaneous applications shall PART K 135 also stand dismissed in view of the judgment in the present case. There shall be no order as to costs. All pending applications are disposed of.
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.1617 of 2014 SHIO SHANKAR DUBEY & ORS. …APPELLANT(S) VERSUS STATE OF BIHAR …RESPONDENT(S) J U D G M E N T ASHOK BHUSHAN,J. This appeal has been filed by the three appellants challenging the judgment of High Court of Patna dated 16.07.2013,… Read More Absence of bullet in the body as per the opinion by physical examinatoin of injury- can falsify the prosecution story=Apex court said No – The nature of injuries especially injury in the back of head led him to believe that bullet entered from back of the head and came out of the mouth. The above impression recorded 14 in the inquest report was only opinion of person preparing inquest report and due to the above impression recorded in the inquest report and no bullet having been found in the post mortem report, it cannot be concluded that incident did not happen in a manner as claimed by the prosecution. The mention of bullet injury was only an opinion of the officer writing the inquest report and in no manner belies the prosecution case as proved by eyewitnesses PW11 and PW13.