Court : Mumbai
Reported in : AIR2001Bom193; 2001(2)BomCR304; (2001)2BOMLR327; 2001(3)MhLj688
ORDERB. P. Singh, C. J.1. The Petitioner herein, who claims to be a frequent air traveller, travelling by Indian Airlines and Air India, has filed the instant Writ Petition in public interest with a view to bring to the notice of this Court the plight of the air travellers who are exposed to grave risks on account of flying of ageing aircraft which have outlived their design economic life by the Indian Airlines, Respondent No. 4 and the Air India. Respondent No. 5, which are Government Companies and Public Sector Undertakings. He has prayed for the issuance of a writ of mandamus and/or a writ in the nature of mandamus directing Respondent Nos. 1, 2 and 3, viz., the Union of India, the Director General of Civil Aviation and the Director, Airworthiness. In the office of the Directorate General of Civil Aviation, to discharge the statutory duties invested in them under the provisions of the Aircraft Act, 1934 and the Aircraft Rules. 1937 in respect of safety and airworthiness of the aircr...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC2780; 2006(4)CTC60; JT2006(6)SC474; 2006(II)OLR(SC)659; RLW2006(4)SC3380; 2006(7)SCALE286; (2006)6SCC736
R.V. Raveendran, J.1. These appeals are filed against the common order dated 29.3.2001 passed by the Madras High Court allowing Crl.O.P. Nos. 2418 of 1999 and 1563 of 2000. The said two petitions were filed by the respondents herein under Section 482 of Criminal Procedure Code ('Code' for short) for quashing the complaints filed by the appellant against them in C.C. No. 299 of 1999 on the file of Judicial Magistrate No. 6, Coimbatore and C.C. No. 286 of 1998 on the file of Judicial Magistrate, Alandur (Chennai).2. The appellant (Indian Oil Corporation, for short 'IOC') entered into two contracts, one with the first respondent' (NEPC India Ltd.) and the other with its sister company Skyline NEPC Limited ('Skyline' for short) agreeing to supply to them aviation turbine fuel and aviation lubricants (together referred to as 'aircraft fuel'). According to the appellant, in respect of the aircraft fuel supplied under the said contracts, the first respondent became due in a sum of Rs. 5,28,23...
Tag this Judgment!Court : Kerala
Reported in : AIR1997Ker121
ORDERP.A. Mohammed, J. 1. This writ petition has been filed by an Aero and Adventure Club by name 'Sri Chithira Aero and Adventure Club, Trivandrum' challenging certain provisions contained in Exts. P4 and P5 directions issued by the Civil Aviation Department of the Government of India. The club is registered under the Travancore Cochin Literary Scientific and Charitable Societies Act, 1955 on 26-8-1992. The main object of the club is to promote areo sports by use of hand gliders and powered hang gliders, microlight and ultra light flying, para sailing and aqua sports activities. It claimed to be the Kerala Chapter of National Adventure Foundation, New Delhi, which is the National Apex Body to promote adventure. It is how in possession of one powered hang glider and four micro-lights. Subsequent to the registration of the club, it was granted permission to operate the flights by Airport Director, National Airport, Trivandrum by Ext. P2 order on 14-11-1992. Thereafter, by Ext. P3 certif...
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1997AP194; 1997(2)ALT449
ORDER1. The petitioner, who is a senior Air-Craft Engineer in the service of the Indian Airlines, has filed this writ petition assailing the order dated 17-2-1994 passed by the second respondent cancelling the Air-Craft Maintenance Engineer Licence of the petitioner. The impugned order dated 17-2-1994 came to be passed under the following circumstances.2. A Boeing Aircraft of the Indian Airlines operating from Nagpur to Delhi was involved in an incident on 31-10-1993. During take off from Nagpur, its left hand Main Landing Gear outboard wheel (No. 1 main wheel) came out of its axle. The Aircraft continued its flight to Delhi. After landing at Delhi, during taxing, No. 2 main wheel which was adjacent to No. 1 wheel also burst due to which the Aircraft could not move further1. The investigation of the incident revealed that No. 1 main wheel had come out as a result of failure of its bearing which was checked, inspected and installed by the petitioner during the last wheel assembly on 11-...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1961SC315; [1961]1SCR902; [1960]11STC764(SC)
Hidayatullah, J.1. These two appeal on a certificate under Art. 132(1) of the Constitution have been filed respectively by the Burmah Shell Oil storage and Distributing Co. of India, Ltd., and the Standard Vacuum Oil Company (in this judgment referred to as the appellant - Companies) against a common judgment of the High Court of Calcutta dated December 7, 1956. The High Court was moved for writs of mandamus, prohibition and certiorari under Art. 226, but the petition was dismissed by D. N. Sinha, J. The matter arises to of assessment to sales tax on sale of motor spirit for aviation purposes (shortly, aviation spirit) supplied by the appellant Companies to aircraft bound for countries abroad, under the Bengal Motor Spirit Sales Taxation Act, 1941, as amended by s. 2(a)(i) of the Bengal Motor Spirit Sales Taxation (Second Amendment) Act, 1954. The Commercial Tax Officer, the Commissioner of Commercial Taxes and the States of West Bengal have been joined as respondents in this Court, as...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC3988; [2001(91)FLR754]; JT2001(8)SC364; 2001(6)SCALE633; (2001)8SCC722; 2001(4)SCT836(SC); 2002(1)SLJ316(SC); (2001)3UPLBEC2455
Rajendra Babu, J.1. These appeals arise out of an order made by the High Court of Calcutta in writ petition Nos. 488/1993 and 489/1993 filed in the High Court challenging the validity of Regulation 13(b), substituted by notification No. S.O. 134/(E) dated March 15, 1993, of the Indian Airlines Employees' (Aircraft Engineering Department) Service Regulations, 1959 [for short 'the Regulations'], which provides that no employee shall resign from employment of the Corporation without giving six months notice in writing to the Corporation of his/her intention to resign with provision for Managing Director of the Corporation to dispense with or reduce the period of notice on medical grounds or other special circumstances. A further proviso being to the effect that Corporation may refuse to accept termination if the same is sought to avoid disciplinary action contemplated or taken and a circular No AIC/3/93 dated February 25, 1993 was issued by the Director General of Civil Aviation (DGCA) by...
Tag this Judgment!Court : Delhi
Reported in : 2002VIIIAD(Delhi)12; AIR2002Delhi357; 98(2002)DLT738; 2002(64)DRJ204
Madan B. Lokur, J.1. Appellant No.1 is a shareholder in Appellant No.2 which is an unlisted public limited company incorporated under the Companies Act, 1956. Appellant No.2 (hereinafter referred to as the Appellant Company) is in the aviation business and operates a non-scheduled air transport service, an air taxi service and an agricultural spraying service. It has a fleet of 8 helicopters and 2 planes and carries on its operations from 5 bases located at Mumbai, Delhi, Kolkata, Bhubaneshwar and Shimla. It claims to permanently employ about 200 persons for its operations throughout the year. The investment of the Appellant Company in the aircrafts, equipment and facilities is said to be approximately Rs. 100 crores and its annual overheads for maintaining its operations is said to be Rs. 25-30 crores.2. The Appellant Company had three licenses or permits for carrying on its aviation business. These permits, issued under the provisions of the Aircraft Act, 1934, and the Aircraft Rules...
Tag this Judgment!Court : Kerala
Reported in : 2009(2)KLJ432
V. Giri, J.1. The issue, which has been posed for consideration in this writ petition turns around the definition of 'appropriate Government' as mentioned in the Contract Labour (Regulation and Abolition) Act, 1970 hereinafter referred to as 'CLRA Act']. Since the term 'appropriate Government is to be determined with reference to the definition of the said term as contained in the Industrial Disputes Act [for short 'the ID Act'] essentially, certain provisions of the ID Act also come up for consideration. By the nature of the activity carried on by the petitioner, the provisions of the Aircraft Act and the Rules framed thereunder as also the International Airports Authority Act, 1971 and Airports Authority of India Act have also come up for consideration.2. The petitioner, Cochin International Airport, a public limited company was incorporated under the Companies Act, with the object of constructing, Commissioning, operating, managing and maintaining an Airport of international standar...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1999(4)ALD241; 1999(4)ALT711
ORDERVaman Rao, J 1. This appeal has been filed against the interim order originally passed by the learned single Judge at admission stage, which later was made absolute by the orders of the said Court dated 30-3-1998 passed in WV MP No. 1971 of 1997. Under the interim order dated 22-11-1996, orders of demolition issued by the Flag Officer Commanding-in-Chief, first respondent (in the writ petition), contained in his letter No. AO/0177/NOC/SDC, dated 16-8-1996, in respect of the building of the petitioner, was suspended. It was, however, directed that the petitioner shall not commence commercial production or effect any further constructions to the Milk Powder Plant. 2. It is this order which is challenged in Writ Appeal No.964 of 1998. When this writ appeal came up for hearing, it was pointed out that a Commissioner was appointed by the learned single Judge who filed his report. Considering this, the writ petition itself was directed to be posted for liearing. In view of the fact that...
Tag this Judgment!Court : Chennai
Reported in : (2006)4MLJ1088
ORDERA.P. Shah, C.J.1. The above said writ petitions are being disposed of by this common order as the issue involved in these petitions is common. The controversy relates to the advertisement hoardings erected on the stretch of the National Highway No. 45 (NH-45), starting from Kathipara Junction to Pallavaram, which is running parallel to the Chennai Airport.2. W.P. No. 28384 of 2005 has been filed by the Airports Authority of India, International Airport Division, Chennai Airport, Chennai, to issue a writ of mandamus or any other appropriate writ or order in the nature of the writ directing the respondents therein to remove all the hoardings erected in the stretch of NH-45 from Kathipara Junction to Pallavaram, for ensuring the safety of Air Navigations in Chennai Airport, as per Article 28 of the Convention of International Civil Aviation and the Notification No. SO.988, Ministry of Civil Aviation, Government of India, dated 05.01.1988 read with Rule 65 of the Aircraft Rules, 1937 ...
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