Facts:

Bhupendra Singh was apprehended on 17th February 1977, with detonators allegedly found in his possession. He was charged under Sections 4 and 5 of the Explosive Substances Act, 1908. The core issue in this case was whether the consent for prosecution granted by the Additional District Magistrate was valid, given the delegation of powers.

Issues:

Whether the delegation of the power to grant consent for prosecution under Section 7 of the Explosive Substances Act, 1908, was legally competent.

Whether the State Government's notification appointing the Additional District Magistrate to exercise the powers of the District Magistrate extended to the power of granting consent under Section 7.

Held:

The power of granting consent under Section 7 of the Explosive Substances Act, 1908, unequivocally rests with the Central Government. The Central Government had previously delegated this power to the District Magistrate, but it is not within the State Government's competence to further delegate this power to the Additional District Magistrate.

Referring to the precedent in Hari Chand Aggarwal vs. Batala Engineering Co. Ltd., the Court emphasized that even if an Additional District Magistrate has been invested with all the powers of a District Magistrate under other laws, they are not automatically competent to exercise powers delegated by the Central Government, as in this case under Section 7 of the Explosive Substances Act, 1908.

Decision: The appeal was dismissed, affirming the High Court's decision that the consent for the prosecution of the respondent had not been properly obtained. Consequently, the proceedings against him were quashed.

Facts:

Madan Pal Singh worked as a daily wage laborer for NOIDA.

His services were terminated, leading him to raise an industrial dispute regarding the justification of his termination.

The reference to the Labour Court mistakenly mentioned the workman as "Madan Lal" instead of "Madan Pal Singh."

The Labour Court, upon hearing the case, concluded that there was no industrial dispute because there was no employee by the name of "Madan Lal" employed by NOIDA.

The State Government corrected the reference to the correct name, "Madan Pal Singh," after the Labour Court's decision.

The workman approached the Labour Court again, requesting a review of the case in light of the corrected reference.

The High Court dismissed the workman's writ petition, citing significant delays in the case.

Issues:

Whether the delay in correcting the reference and the mistaken identity of the workman warranted the dismissal of the workman's claims.

Whether equitable considerations should be taken into account to ensure that justice is not denied due to technicalities.

Held:

The Supreme Court set aside the High Court's judgment and the Labour Court's award. It observed that there was no doubt about the workman's identity throughout the proceedings.

The delay in correcting the reference was not solely the workman's fault, and equitable considerations should be taken into account.

The matter was remanded to the Labour Court for adjudication of the industrial dispute between Madan Pal Singh and NOIDA.

The Labour Court was instructed to consider the evidence already recorded before the reference was amended and, if necessary, allow the parties to present further evidence.

Costs of Rs. 10,000 were imposed on the State Government for its delay in amending the reference, causing the appellant to suffer and incur expenses. The appeal is allowed.

Facts:

The appellant, M.M. Thomas, contested the vesting of 20 acres of land under the Kerala Private Forests (Vesting and Assignment) Act, 1971.

The Forest Tribunal initially rejected the appellant's claim, leading to an appeal in the High Court.

The High Court's Division Bench partially upheld the appellant's claim but also found errors in its own judgment.

The Act was later amended to include Section 8C, providing for the review of orders under specific conditions.

The government and the custodian of vested forests applied for a review of the High Court's earlier judgment under Section 8C(2).

Issues:

Whether the High Court has inherent powers to review its own orders, apart from the specific provisions of Section 8C(2) of the Act?

If so, whether the High Court can exercise this power in cases of errors apparent on the face of the record?

Held:

The High Court, as a Court of Record and a superior Court, possesses inherent and plenary powers.

These powers encompass the authority to correct its own records when it identifies apparent errors.

Denying the High Court the power to correct its own record when errors are evident would diminish its superior status.

The Forest Tribunal's power of review is derived from Section 8C, but the High Court's power of review is separate and extends to cases of errors apparent on the face of the record.

Decision: The Supreme Court dismissed the appeal, upholding the High Court's power to review its own orders when it identifies errors apparent on the face of the record.

Facts:

Usha Harshadkumar Dalal filed a partition suit for a property against co-owners, leading to the appointment of a Court Receiver.

Prior to the suit, a Leave and Licence Agreement permitted Suhrid Geigy Trading Limited to occupy the premises, but this agreement was not renewed.

An amendment to the Bombay Rent Act affected the legal status of licensees in possession.

The Court Receiver took symbolic possession, but the property was actually occupied by Suhrid Geigy Trading Limited.

M/S. ORG Systems later occupied the property following an amalgamation scheme approved by the Gujarat High Court.

Issues:

Whether M/S. ORG Systems had occupied the property without proper authorization or intimation to the Court Receiver.

Whether the principles established in the case of Anthony C. Leo vs. Nandlal Bal Krishnan and others applied to this dispute.

Held:

The Court Receiver acts on behalf of the court and cannot deal with the property without court permission. It is the duty of the Court Receiver to maintain the status quo and protect the property. When the Receiver takes possession, it is presumed that the party in possession is aware of it.

The judgment in Anthony C. Leo's case does not mean that the Court Receiver must always resort to Bombay Rent Act proceedings. The nature of the dispute, pleadings, and applicable laws should guide whether summary proceedings are appropriate.

The High Court misinterpreted Anthony C. Leo's case. The Court is remitting the matter back to the High Court for reconsideration, taking into account the provisions of the Bombay Rent Act and the Companies Act.

Facts:

The Veterinary Council of India (VCI) and the Indian Council of Agricultural Research (ICAR) were in dispute over the authority to conduct an All India Common Entrance Examination for 15% of seats in Veterinary Colleges.

VCI had been established under the Indian Veterinary Council Act, 1984, with the mandate to regulate veterinary practice and education.

ICAR was a society registered under the Societies Registration Act, 1860, with the objective of promoting and coordinating agricultural and animal husbandry education and research.

Issues:

The primary issue was which organization, VCI or ICAR, had the authority to conduct the All India Common Entrance Examination for filling 15% of seats in Veterinary Colleges.

The interpretation of the Indian Veterinary Council Act, 1984, and related regulations was central to resolving this issue.

Held:

The Supreme Court held that VCI had the authority and obligation to conduct the All India Common Entrance Examination for filling 15% of seats in Veterinary Colleges, as per the Indian Veterinary Council Act, 1984.

The Court cited the case of Dr. Preeti Srivastava v. State of M.P. and Others to emphasize that admission norms have a direct impact on education standards, and the authority to regulate education standards includes the power to regulate admissions.

VCI's regulation, particularly Clause (8) of Regulation 5, was deemed valid and essential for maintaining educational standards.

The judgments of other High Courts supporting VCI's authority to conduct the examination were upheld.

Decision: The appeals filed by VCI were allowed, affirming VCI's authority to conduct the All India Common Entrance Examination.

Candidates selected by VCI were permitted to continue their studies without impediment.

Facts:

The case involves a landlord-tenant dispute over three shops in Erode, Tamil Nadu. The landlord, the appellant, claimed rent increases and sought eviction for demolition and reconstruction. The tenants disputed the rent increase and denied the landlord's title, asserting he was only a co-owner.

Issues:

Whether the tenants committed willful default in paying rent and whether their denial of the landlord's title was bona fide.

Held:

The Supreme Court held that the tenants did not commit willful default in paying rent as the landlord had previously accepted rent payments. Furthermore, the tenants' denial of the landlord's title was not bona fide since they were unaware of a release deed, and their conduct did not renounce their status as tenants. Therefore, the High Court's decision to set aside the eviction order was upheld.

Decision: The appeals were dismissed without costs.

Facts:

The goods in question were initially released to the appellant upon their application and the execution of a bond.

Issues:

Whether a redemption fine could be imposed by the customs authorities after the goods had been released to the appellant.

Held:

The court held that the mere release of goods to the appellant on the execution of a bond does not prevent the customs authorities from imposing a redemption fine if irregularities or violations of customs regulations are subsequently discovered.

Decision: The appeal was dismissed.

Facts:

The respondent belonged to the Nuniya community, declared as a Scheduled Caste in West Bengal but not in Bihar.

The respondent had resided in District Howrah, West Bengal, for over 30 years before the UPSC examination, which led to his appointment to Indian Administrative and Allied Services as a Scheduled Caste candidate.

The Union of India contested the respondent's claim, arguing that his birthplace and education in Bihar should make him a resident of Bihar, disqualifying him for reservation benefits in West Bengal.

Issues:

The primary issue was the interpretation of the term "ordinarily resident" in the context of reservation for Scheduled Castes.

The secondary issue was whether the respondent qualified as a resident of West Bengal for the purpose of reservation.

Held:

The term "ordinarily resident" implies an intention to stay at a place for a considerably long time and does not include short-term or casual stays.

The respondent's parents had been residing in District Howrah, West Bengal, for over 30 years, establishing their status as ordinary residents of West Bengal.

The respondent's temporary stay in Bihar for education did not affect his parents' status, and they could be considered "ordinarily resident" in West Bengal.

Therefore, the Scheduled Caste certificate issued by the Sub-Divisional Officer, Howrah, was valid, and the respondent was rightly appointed as a Scheduled Caste candidate in West Bengal.

Decision: The Supreme Court upheld the decision of the Tribunal, confirming the respondent's eligibility as a Scheduled Caste candidate in West Bengal, and dismissed the appeal.

Writ Petition - Grant of LPG Distributorship – Challenge of Approval – Civil Appeal – Supreme Court finds that writ court improperly entertained writ petition against LPG distributorship approval granted to appellant – Initially, both appellant and respondent No. 1 were eligible for distributorship, with appellant eventually granted the right after a draw of lots – Respondent No. 1's subsequent challenge on grounds that the land offered was encumbered held unjustified after appellant provided suitable alternate land – Supreme Court upholds Single Judge's dismissal of writ petition on grounds of delay and lack of locus standi – Impugned appellate court order set aside, and Single Judge's order restored. [Paras 1-15]

Writ Petitions – Delay and Latches – Consideration by Supreme Court – Court emphasizes that delay defeats equity, holding that inordinate delay without a satisfactory explanation is a valid ground for dismissal of writ petitions – Supreme Court observes that writ courts should exercise discretion judicially, not permitting revival of a lapsed cause of action due to indolent litigants – The Court reiterates established legal principles disfavoring delayed petitions, stressing the importance of prompt legal action and the potential injustice caused by unnecessary delays. [Paras 9-14]

Judicial Discretion in Writ Proceedings – Doctrine of Delay and Latches – Supreme Court discusses the discretionary nature of writ courts under Article 226, highlighting that delay and latches can preclude relief – Case references include Tridip Kumar Dingal and others v. State of W.B and others, Chennai Metropolitan Water Supply & Sewerage Board and others v. T.T. Murali Babu, emphasizing the judicial responsibility to dismiss delayed actions to maintain the integrity and efficacy of legal proceedings – Supreme Court supports judicial discretion based on specific case circumstances without a fixed formula. [Paras 10-14]