Facts:

In this case, a suit was filed against the appellant, whose place of business was in Mumbai, by the respondent for eviction. On the day scheduled for trial, there was a lawyers' strike in the trial court, and the advocate representing the appellant failed to appear. As a result, ex-parte evidence was recorded against the appellant. Subsequently, the appellant filed an application under Order 9 Rule 7 of the CPC to set aside the ex-parte decree. However, this application was dismissed, and the suit was decreed. The appellant then filed an application to set aside the ex-parte decree, which was also dismissed. An appeal filed before the High Court met a similar fate, leading to the present appeal before the Supreme Court.

Issues:

The consequences of an advocate's non-appearance in court due to a lawyers' strike.

Whether the advocate should bear the pecuniary loss suffered by the litigant client in such cases.

The remedy available to clients who suffer due to their advocate's non-appearance in court.

The responsibilities and ethical obligations of advocates in the legal profession.

The role of the courts during lawyers' strikes and their duty to dispense justice.

Held:

Consequences of Advocate's Non-Appearance Due to Strike: When an advocate engaged by a party is on strike, the court has no obligation to wait or adjourn the case on that account. Advocates do not have the right to stall court proceedings due to strikes or boycotts.

Advocate's Responsibility for Pecuniary Loss: Advocates who go on strike must be prepared to bear the pecuniary loss suffered by their clients. It is unjust and inequitable to let the client alone suffer for the advocate's self-imposed dereliction. Clients have the remedy to sue the advocate for damages.

Realization of Costs : Courts may permit clients to realize the costs incurred due to the advocate's non-appearance from the advocate concerned without initiating a separate legal action.

Legal Profession and Ethics : The legal profession is essentially a service-oriented profession, and the relationship between lawyers and clients is built on trust and confidence. Advocates should not obstruct the process of justice through strikes or boycotts.

Responsibility of Courts: Some courts' inaction during lawyers' strikes contributed to the erosion of ethics and values in the legal profession. All courts are urged to perform their duties without fear or favor to restore confidence in the judiciary.

Legal Profession and Social Justice: Lawyers, as members of the legal profession, play a crucial role in preserving constitutional government and upholding the modern legal system. They are a force for the preservation and strengthening of constitutional values and social justice.

Facts:

The Central Government made a reference under Section 10 of the Industrial Disputes Act, 1947, to determine the justification of the termination of services of 26 employees at the Gorakhpur Branch of the State Bank of India.

The employees claimed wrongful termination and sought reinstatement with back wages.

The Industrial Tribunal awarded reinstatement but did not address the issue of back wages.

The appellant (State Bank of India) filed a writ petition challenging the award but did not raise the issue of back wages. The petition was dismissed by the High Court.

Subsequently, the employees filed an application under Section 33C(2) of the Industrial Disputes Act, seeking the computation of back wages based on the award and the High Court's order.

The Labour Court allowed the application and computed the back wages payable to the employees.

Issues:

Whether Section 33C(2) proceedings are limited to calculating existing rights and benefits.

Whether the award of reinstatement under Section 10 of the Industrial Disputes Act implies an award of back wages.

The scope and authority of the Labour Court in interpreting and implementing such awards.

Held:

In a comprehensive manner, the Supreme Court provided the following holdings:

Section 33C(2) proceedings are limited to calculating pre-existing rights and benefits. The difference between pre-existing rights or benefits and claims considered just and fair is vital, with the former falling within the jurisdiction of the Labour Court under Section 33C(2).

In this case, the award did not explicitly address the issue of back wages. Therefore, it should be deemed to have been denied, as what is claimed but not granted is considered denied in judicial or quasi-judicial proceedings.

The appropriate forum for deciding questions related to back wages, especially when factors such as gainful employment elsewhere are involved, is a proceeding under Section 10 of the Industrial Disputes Act. The Labour Court's role is limited to calculating the amount of money due to a workman based on pre-existing rights or benefits.

As a result, the Supreme Court allowed the appeal, set aside the Labour Court's order, and dismissed the application filed under Section 33C(2) of the Act. However, it directed that the parties should bear their own costs.

Facts:

The appellant, M/S. SUNIL INDUSTRIES, operated a workshop for shaping steel sheets.

The first respondent, RAM CHANDER PRADHAN, was employed as a press operator and sustained injuries to his right index finger and thumb on January 27, 1993, while working at the appellant's workshop.

Issues:

Whether the Workmen's Compensation Act applied to the appellant's establishment.

The interpretation of Section 2(n)(ii) of the Workmen's Compensation Act, Schedule II of the Act, and the relevant provisions of the Factories Act, 1948, was in question.

Held:

The Court rejected the appellant's argument that the Workmen's Compensation Act only applied to those employed in a factory as defined in the Factories Act, 1948. The Court noted that the Act did not specifically require a workman to be employed in such a factory. The workshop of the appellant was found to fall under the definition of a manufacturing process as per Clause (k) of Section 2 of the Factories Act, 1948. Therefore, the first respondent was considered a workman under the Workmen's Compensation Act.

Under the circumstances, the Court found no merit in the appeal and upheld the Commissioner's decision. The appeal was dismissed with no order as to costs.

Facts:

The dispute revolved around the ownership of a specific piece of land.

The land had a history of auction and possession by a private party, who was recognized as the owner in various instances, including land acquisition proceedings.

The Union of India challenged the ownership of the land during land acquisition proceedings.

Section 37 of the Bombay Land Revenue Code of 1879 was cited as a basis for the Union of India's claim of ownership.

The historical legislative context, including regulations and acts related to land ownership and salt manufacturing, was discussed.

Issues:

Determine the rightful owner of the disputed land, whether it was the Union of India or the State Government of Maharashtra.

Held:

The judgment considered Article 294 of the Constitution of India, which addressed the succession of property, assets, rights, liabilities, and obligations between the Union and the States.

It concluded that ownership should be determined based on Article 294 of the Constitution, which dealt with the transfer of property from the British Crown to either the Union or the State.

The legislative history and entries in the Government of India Act, 1935, indicated that land and land revenue fell under the jurisdiction of the provincial government (now the State government).

As the land acquisition proceedings occurred after the enforcement of the Constitution of India, the Union of India could not claim ownership over the land.

Therefore, the judgment upheld the High Court's decision that the State Government of Maharashtra was the owner of the acquired land.

The appeals made by the Union of India were dismissed by the Supreme Court, affirming the High Court's decision.

Facts:

Diksha Holdings Pvt. Ltd. sought permission to construct a beach resort hotel in Goa, which underwent scrutiny by various statutory agencies. Clearance for the project was granted by the Ministry of Environment and Forest. Subsequently, the Cancona Municipal Council granted a license for hotel construction on a plot of land in Nagorcem, Palolem, Taluka-Cancona, Goa.

The Goa Foundation, an environmental preservation organization, filed a writ petition before the Bombay High Court challenging the hotel's construction. Their grounds included:

The land in question was within CRZ-1, where construction was prohibited.

The permissions granted violated the Environment Protection Act, 1986, and lacked due consideration of relevant materials.

Construction of the hotel would damage the coastal area's sand dunes, leading to irreversible ecological damage.

Issues:

Whether any environmental regulations, rules, or laws were violated by granting environmental clearance for the hotel construction.

Whether credible evidence existed to support claims of environmental harm resulting from the hotel project.

Held:

The disputed plot of land was situated in Category CRZ III, which allowed for development through hotel/beach resort construction in the approved development plan of Goa. There was no evidence of an infraction of the CRZ Notification or the approved Coastal Zone Management Plan.

The Ministry of Environment and Forest had issued a notification declaring Coastal Stretches as Coastal Regulation Zones (CRZ), with specific guidelines for development. CRZ-1 and CRZ-III were delineated with distinct rules for construction. The proposed hotel's area fell within CRZ III, where development of vacant plots was permitted with prior approval, subject to conditions.

The Coastal Zone Management Plan of Goa had been approved by the Central Government, classifying Cancona Taluka as CRZ I and CRZ III, respectively, with a settlement area. Existing structures and settlements were noted. The Central Government had carefully considered and approved the hotel project after a site inspection.

The Ministry of Environment and Forest, Goa authorities, and independent scientists had examined the hotel project thoroughly, including on-site visits. Environmental objections were duly considered before granting clearance. No infirmity in the clearance or overlooking relevant materials was found.

The subsequent report from the National Institute of Oceanography, obtained by the appellant, could not be considered to challenge clearance, especially when the project was nearing completion.

The Court emphasized the importance of balancing environmental protection and development, acknowledging the need to protect coastal zones while allowing for reasonable development.

Facts:

The case involves a challenge to the selection process for Block Development and Panchayat Officers in Punjab. The appellant, Praveen Singh, claimed violations of equality clauses under Articles 14 and 16 of the Indian Constitution, as well as the Punjab Development and Panchayat Class-II (Service) Rules, 1974.

The Punjab Public Service Commission issued an advertisement for 26 vacancies, later increased to 44, for Block Development and Panchayat Officers. Thousands of candidates applied for these positions.

Issues:

Whether the written examination or the viva voce (interview) should carry more weight in the selection process.

Held:

The Supreme Court held that the selection process was not in line with the rules and information sheet provided to the candidates. The rules clearly stated that candidates must pass both the written test and the viva voce test, and specific marks were allotted for each. There was no indication that the viva voce test should be the sole criterion for selection.

The Court ruled that the actions of the Public Service Commission were unreasonable and unfair, and they did not follow the declared principles of appointment procedures.

The High Court had recognized the inconsistency and obscurity in the process and suggested amendments to avoid confusion. The Supreme Court set aside the High Court's order and quashed the appointments.

The Public Service Commission was directed to complete the selection process, considering both the written and viva voce tests, within three months. Existing appointments were allowed to continue but were subject to the results of the new selection process.

Facts:

The appellant, Roy V.D., was charged with possession of "Ganja" under Section 20(b)(i) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS). The charge was filed by an Excise Inspector who, at the time of the charge, was not authorized to do so under the relevant statutory notification. The appellant was initially discharged by the Additional Sessions Judge on the grounds that the Excise Inspector lacked the authority to file the charge. Subsequently, a fresh charge was filed against the appellant for the same offense, leading to the present case.

Issues:

Whether the search and seizure conducted by an unauthorized Excise Inspector under Sections 41 and 42 of the NDPS Act were per se illegal.

Whether the proceedings based on such illegal search and arrest should be quashed under Section 482 of the CrPC.

Whether the appellant's right to protection of life and personal liberty under Article 21 of the Indian Constitution was violated.

Held:

The search and seizure conducted by an Excise Inspector who was not authorized under Sections 41 and 42 of the NDPS Act were per se illegal.

The life and liberty of an individual are protected under Article 21 of the Constitution, and this protection applies to both citizens and aliens. Criminal proceedings initiated based on evidence collected through an illegal search and arrest not only affect the conviction and sentence but also vitiate the entire trial.

The court invoked its inherent powers under Section 482 of the CrPC to prevent the abuse of the court's process and to secure the ends of justice. Quashing the proceedings in such cases is essential to prevent the abuse of the legal process and avoid hardship and injustice to the accused.

Allowing the proceedings to continue in this case would perpetuate an abuse of the court's process, and therefore, the proceedings in Session Case No. 78 of 1993 were quashed.

Facts:

Wing Commander T. Parthasarathy served in the Indian Air Force and applied for premature retirement on 21-7-1985, with a requested retirement date of 31-8-1986.

He later amended his application, suggesting that the retirement date should consider the recommendations of the IVth Pay Commission's Report.

On 19-2-1986, Parthasarathy submitted an application to withdraw his earlier request for premature retirement.

On 7-3-1986, he received a communication that his request for premature retirement, with an effective date of 31-8-1986, had been approved by the Air Headquarters.

Parthasarathy's subsequent requests to withdraw or change the retirement date were denied.

He filed a Writ Petition in the Karnataka High Court to quash the premature retirement order and requested to continue in service with associated benefits.

The High Court ruled in favor of Parthasarathy, stating that the policy could not be applied to his case as he had withdrawn his application before it became effective.

An appeal filed by the Department to the Division Bench of the High Court was unsuccessful.

Issues:

Did Wing Commander T. Parthasarathy have the legal right to withdraw his request for premature retirement before it became effective?

Held:

The Supreme Court held that, in the absence of any statutory provision or rule prohibiting it, Parthasarathy had the right to withdraw his request for premature retirement before it became effective. The Court cited previous judgments to support this position.

The Court also noted that the Department's policy and Parthasarathy's certificate could not override his legal right to withdraw the request.

Therefore, the Supreme Court dismissed the appeal, and Parthasarathy was entitled to withdraw his request for premature retirement.

Facts:

The appellant, a public servant, was accused of accepting gratification for granting a sanction related to electrical work.

The prosecution argued that once gratification is proven to have been paid or accepted by a public servant, the court must presume that it was given as a motive or reward for an official act, unless there is evidence to the contrary.

The appellant's defense claimed that he accepted the money as a gift and not as a motive or reward for any official act.

Issues:

Whether the term "gratification" should be stretched to mean "reward" in corruption cases?

What is the significance of the legal presumption regarding gratification under the Prevention of Corruption Act, 1947?

Was there a "special reason" to reduce the minimum prescribed sentence for corruption-related offenses in this case?

Held:

The term "gratification" need not be stretched to mean "reward" because reward is the outcome of the presumption that there was payment of gratification. The court should interpret "gratification" as any payment given to provide satisfaction to a public servant who received it.

The legal presumption of corruption can be drawn based on the payment or acceptance of gratification, and the word "gratification" should be understood as any payment given to provide satisfaction to a public servant.

There was no "special reason" in this case to reduce the minimum prescribed sentence of one year for corruption-related offenses. Parliament fixed this minimum sentence to deter corrupt public servants, and reducing the sentence below the minimum could incentivize corruption. The mere fact that the case had been pending for a long time was not a valid "special reason" to reduce the minimum sentence.