Court : Delhi
1. Whether the Reporters of local papers Yes may be allowed to see the judgment?2. To be referred to Reporter or not? Yes3. Whether the judgment should be Yes reported in the Digest?ORDER.1. The present judgment will dispose of three writ petitions filed by the Indian Olympic Association (the petitioner in W.P. 876/2007, hereafter referred to as "the IOA"), the Sanskriti School, petitioner in W.P. 1212/2007, (hereafter referred to as "the school") and the Organizing Committee of the Commonwealth Games, 2010, Delhi (petitioner in W.P. 1161/2008, hereafter referred to as "the Games Committee"). The common question involved is as to the applicability of the Right to Information Act (hereafter referred to as "the Act"), with broad reference to whether the writ petitioners are "Public Authorit(ies)" within the meaning of the term under Section 2(h) of the said Act. Petitioners facts and contentions:2. Briefly the facts of the case in W.P. 876/2007, filed by the IOA are that the IOA is the a...
Tag this Judgment!Court : Mumbai
Reported in : 1995CriLJ2533
Ashok Agarwal, J.1. The petitioner is the wife of the detenu Jayendra Vishnu Thakur alias Bhai Thakur. By the present petition, she seeks a writ of habeas corpus seeking to quash the order of detention bearing No. SPL. 3(A)/PSA 0192/17 dated 5th February, 1992 issued by Shri D. B. S. Sohal, the Secretary (Preventive Detention) to the Government of Maharashtra Home Department (Special), Mantralaya, Bombay - 400032 issued under section 3(1) of the Conservation of Foreign Exchange and Prevention of Smuggling Activities Act, 1974 (hereinafter referred to as 'the COFEPOSA Act'). She also seeks to impugn the declaration bearing No. 9/93 of No. 675/781/92-CUS-VIII dated 15th September, 1993 issued by the Central Government, Ministry of Finance, Department of Revenue, New Delhi, under section 9(1) of the COFEPOSA Act. Lastly, she seeks to impugn the order of confirmation dated 17th November, 1993 issued by the Government of Maharashtra under section 8(f) of the COFEPOSA Act. She also seeks an ...
Tag this Judgment!Court : Karnataka
Reported in : AIR1984Kant182; 1984(2)KarLJ236
ORDER1. On a reference made by one of us (Puttaswamy, J.), these cases were posted before us for disposal.2. As the petitioners in these cases have challenged the validity of one and the same Act, we propose to dispose of them by a common order.3. As early as on 31-12-1932, the then Maharaja of Mysore. who was the sovereign Ruler of the then Princely State of Mysore, a model Princely State, aided by a representative assembly and a legislative council, gave his assent to a fairly simple enactment called the Mysore Betting Tax Act, 1932 (Mysore Act 9 of 1932) (hereinafter referred to as the 1932 Act) providing for the imposition of taxes on certain forms of betting in that State. Even after the merger of that Princely State in the Indian Union. the promulgation of the Indian Constitution, the formation of the new State of Mysore, now called as Karnataka, under the States Reorganisation Act, 1956, the 1932 Act has continued on the statute book of the new State with its operation in the ar...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(2)ALD(Cri)538; I(2004)DMC546
K.C. Bhanu, J.1. This statutory appeal under Section 374 of the Code of Criminal Procedure, 1973 is directed against the judgment in Sessions Case No. 317 of 1996 on the file of the IVth Additional District and Sessions Judge (Fast Track Court), Karimnagar dated 10.8.2001.2. The learned Sessions Judge through the judgment under appeal convicted the accused 1 and 7 for the offence under Section 498-A, I.P.C. and sentenced each of them to undergo three years' rigorous imprisonment and further sentenced A.1 to pay fine of Rs. 5,000/- in default to undergo simple imprisonment for one year and also sentenced A.7 to pay a fine of Rs. 1,000/- in default to undergo simple imprisonment for three months. He convicted A.2 under Section 304-B, I.P.C. and sentenced her to undergo rigorous imprisonment for seven years and he also convicted A.4, A.5, and A.6 under Section 304-B of I.P.C and sentenced each of them to suffer imprisonment for life.3. The brief facts that are necessary for the disposal o...
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1990P& H117; (1991)IILLJ165P& H
ORDERM. M. Punchhi, J. 1. These 23 matters are indeed an assortment having common axis in Letters Patent-Appeal No. 402of 1988 which has arisen from a judgment rendered by M. R. Agnihotri, J., a learned Judge of this Court, in C.W.P. No. 1903 of 1987 (Ashok Kumar Sehgal v. The Punjab State Electricity Board) decided on January 25, 1988. TheDivision Bench hearing L.P.A. No. 402 of 1988 referred it to be heard by a Full Bench. And the other matters were tagged therewith to be heard by the Full Bench. This is how these matters have been placed before us.2. At the very outset, we would venture to arrange these matters for facility of disposal in the following categories :(1) LPA NO. 402 of 1988 itself. This Letters Patent Appeal has been preferred by the Punjab State Electricity Board (hereafter referred to as the Board) against the judgment and order passed in C.W.P, No. 1903 of 1987 decided on January 25, 1988. (2) Matters directly connected with LPANo.402 of 1988. These are LPA Nos. 403...
Tag this Judgment!Court : Andhra Pradesh
INTRODUCTION Hyderabad with its twin city of Secunderabad apart from being the Capital of Andhra Pradesh is also famous for its social and cultural history, pearls, pharma and software companies besides being the home of more than seven million population. It is a fast developing sprawling mega city with fast track growth initiatives and - as rumoured; a place for greedy and fortune hunters to make quick buck with speculation, political lobbying and subtle methods of cheating. The growth mine is not only gold mine for such people but a destiny for millions in search of a humble avocation to eke out decent livelihood. The city with less than a million population half a century ago is now spread over 10,000 square kilometers. In addition to irreversible environmental problems, it has also thrown up the problems of immense concern in relation to urban utilities, transport, mobility, movement and day-to-day life. Municipal Corporation of Hyderabad (MCH) and Hyderabad Metro Development Aut...
Tag this Judgment!Court : Mumbai
ANOOP V. MOHTA, J.1 Heard by consent of the parties in view of order of Division Bench dated 11 January 2012 thereby directed to hear and dispose of the Writ Petition with restricted prayer clauses which were further amended by order dated 14 March 2012 in Chamber Summons No. 49 of 2012.2 The prayer clauses are as under:-"b) Ordering and declaring of the scheme in respect of the redevelopment scheme of 7806.17 sq. mtrs. is illegal, null and void;(c) A writ of certiorari and/or any other appropriate writ, order or direction of this Hon'ble Court calling for the records of the case in respect of the impugned order dated 11/11/2011 annexed as Exhibit A to the Petition and after perusing the same and considering the legality and propriety hereof to quash and set aside the same;(e) A writ of certiorari and/or any other appropriate writ, order or direction of this Hon'ble Court calling for the additional records, papers and proceedings in respect of the redevelopment scheme of the said land ...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(1)ALD445; 2006(1)ALT443
ORDERV.V.S. Rao, J.1. A short, but interesting question, as to power of the Municipality or Municipal Corporation constituted under A.P. Municipalities Act, 1965 (for short 'the Municipalities Act') and/or the Hyderabad Municipal Corporations Act, 1955 (for short 'the HMC Act'), or Visakhapatnam Municipal Corporation Act, 1979, to insist upon a trade licence by the persons engaged in retail liquor business, arises for consideration. In all these writ petitions except in W.P.No. 14626 of 2002, for the years 1997-1998 and 1998-1999, the petitioners obtained licences in Form IL-24 under A.P. Excise Act, 1968 (for short 'the Excise Act') and A.P. Indian Liquor and Foreign Liquor Rules, 1970 (for short 'the Excise Rules'). They paid requisite licence fee and rentals to Excise Department. Some of the petitioners also obtained licences under Section 263 of the Municipalities Act duly paying requisite annual licence fee ranging from Rs. 200 to Rs. 300. However, by the impugned notices, the mun...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1371; [1962]32CompCas514(SC); [1962]Supp3SCR632
Hidayatullah, J.1. On August 8, 1960, the Reserve Bank of India made an application in the High Court of Kerala under s. 38 of the Banking Companies Act, 1949 (10 of 1949) read with the Companies Act, 1956 (1 of 1956), for the winding up of the Palai Central Bank, Ltd. (having its registered office at Palai in the State of Kerala), for the appointment of the Official Liquidator of the High Court as the Liquidator with all the powers under the said Acts and for the appointment of the Official Liquidator as the Provisional Liquidator during the pendency of the application. This application was allowed on December 5, 1960, and the present appeal with special leave, has been filed against the order. 2. The Palai Central Bank, Ltd. (herein referred to as the Palai Bank or the Bank) was incorporated in January, 1927 under the Travancore Companies Regulations. Till 1936, it was known as 'The Central Bank, Ltd.', when the name was changed. In March 1937, the Palai Bank was included in the Seco...
Tag this Judgment!Court : Gujarat
Reported in : (1964)0GLR804
1. During the course of my experience at the bar and on the Bench I have come across very few petitions under section 397 or 398 of the Companies Act, 1956, which have been brought to a conclusion. The remedy under section 397 or 398 as a weapon in the shareholders' armoury has proved more potent when brandished in terrorem than when actually used to strike and it has, therefore, in most cases served as an effective threat to induce those in control to behave reasonably towards all interests and in some cases where those in control have not behaved reasonably and the remedy has been invoked, the proceedings have mostly terminated in a compromise securing the interests sought to be prejudiced by those in control. This petition has been an exception and the only reason I can see for its having run its full course is that there is absolutely no merit in it. I shall immediately proceed to state the facts giving rise to the petition. The facts are many and to some extent disputed and it is,...
Tag this Judgment!