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.

Advocates – Professional Misconduct – Practising During Suspension – Respondent-advocate suspended for 3 years for earlier misconduct – Continued to practise under the alias “P.S. Madan” during suspension period and appeared in multiple cases – Held: Such conduct is a grave violation of the Bar Council's orders and amounts to clear professional misconduct – Bar Council of India erred in treating breach as a single instance – Suspension of practice for 3 years justified [Paras 3–7, 10–11, 14]

Advocates – Suppression of Criminal Conviction – Respondent failed to disclose prior conviction under NDPS Act at the time of enrolment – Evidence admitted and opportunity for cross-examination was given – Held: Even absent specific pleading, if issue was framed and evidence led, such misconduct cannot be ignored – Review order erroneously discarded this proven charge [Paras 5, 12]

Bar Council – Review Power – Section 44 of Advocates Act – Scope – Review filed by advocate allowed without proper scrutiny of evidence or seriousness of misconduct – Held: Review jurisdiction improperly exercised – Prior order of enhanced punishment restored – Review order set aside [Paras 8, 13–14]

Disciplinary Jurisdiction – Quantum of Punishment – Misconduct involving wilful violation of suspension order and impersonation by using different name – Bar Council of India initially imposed 3-year suspension – Review order downgraded it to mere admonition – Supreme Court: Such conduct warrants strict punishment – Reinstated earlier suspension [Paras 13–15]

Decision: Appeal allowed – Review order dated 27.04.1992 set aside – Order of Bar Council of India dated 04.10.1991 (suspension from practice for 3 years) restored – Bar Council of Delhi directed to issue fresh notification fixing the period of suspension and serve it personally on the respondent.

Mortgage by Conditional Sale – Redemption – Validity of Deed – Defendant No. 2 executed a document in favour of Defendant No. 1 styled as "Kararkharedi" with condition of repurchase on repayment of Rs. 1500 – Defendant No. 2 subsequently sold the property to the plaintiff who filed suit for redemption – Held: Document satisfied statutory requirements of mortgage by conditional sale under Section 58(c) TPA – No default by mortgagor as money was tendered and refused – Plaintiff as transferee entitled to redeem [Paras 3-6, 45-51]

Sale Deed – Inference of Validity – Defendant No. 1 challenged sale from Defendant No. 2 to plaintiff as fictitious – However, Defendant No. 2 admitted execution and consideration both in written statement and testimony – Defendant No. 1, being a stranger to sale, failed to depose and was not competent to challenge adequacy of consideration – Held: Registered sale deed with recitals and unchallenged admissions proved valid transfer of title to plaintiff [Paras 9-17, 21, 25, 34-39]

Burden of Proof – Adverse Inference – Defendant No. 1 failed to enter witness box or offer himself for cross-examination – Held: Presumption under Section 114 of Evidence Act applies – Non-examination of crucial witness leads to adverse inference – Courts rightly rejected his challenge to sale [Paras 15-16]

Procedure – Examination of Witness – Objection to examination of Defendant No. 2 as plaintiff’s witness without summons or inclusion in witness list – Rejected – Held: Order 16 Rule 1A CPC allows party to bring witness without summons – Plaintiff properly examined defendant No. 2 as his own witness [Paras 27-32]

Second Appeal – Interference with Concurrent Findings – High Court reversed findings of Trial Court and First Appellate Court on payment of consideration and validity of sale – Held: No perversity or legal error shown – High Court exceeded jurisdiction under Section 100 CPC – Findings of fact could not be upset merely based on reappreciation of evidence [Paras 22-26]

Transfer of Property Act – Section 54 and 55(4)(b) – Even if entire sale consideration not paid, ownership passes on execution and registration – Seller entitled to statutory charge for unpaid price – Held: Sale valid despite partial payment; remedy lies in enforcement of statutory charge, not invalidation of sale [Paras 35-44]

Decision: Appeal allowed – High Court judgment set aside – Decree of Trial Court restored – Plaintiff entitled to redeem mortgage – No order as to costs [Para 52]