Court : Supreme Court of India
Reported in : AIR1995SC142; JT1994(4)SC473; 1994(3)SCALE389; 1995Supp(1)SCC596; [1994]Supp1SCR807
..... structure of the constitution. right to property was held to be not a basic feature. sanjeev coke . : [1983]1scr1000 , had upheld the dissenting view of bhagwati, j in minerva mills's case and it was held that nationalisation of coal industries does not violate article 14. in state of karnataka v. ranganatha reddy [l978] 1 ..... discovered or not and all quarries situated in any land, subject to the saving, shall vest in the state. their regulation and development is subject to mines and minerals (regulation and development) act of 1957.17. the aforementioned respective enactments undoubtedly dealt with the abolition and extinguishment of pre-existing right, title ..... arise out of the land and things attached to the earth or permanently anything attached to the earth. these definitions are of wide amplitude to include mines and mineral wealth beneath surface land of whatever description. section 3(1) abolishes girasdari or barkhalidari tenures by a notification published by the government in the .....
Tag this Judgment!Court : Mumbai
Reported in : 1998(1)BomCR407; 1997(3)MhLj456
..... other amounts due to the employee in relation to the pre-take-over management period. these provisions are similar to those contained in section 21 of the sick textile undertakings (nationalisation) act, 1974. in m. asghar v. union of india, : (1987)illj440sc , the said provisions giving lower priority to the amounts due to the employees in relation ..... prior to the taking over of the management of the textile undertaking are not taken over by the n.t.c. is also borne out by the textile undertakings (nationalisation) ordinance, no. 6 of 1994 promulgated by the president on june 27, 1995. the said ordinance provides for the acquisition and transfer of the textile undertakings specified ..... or restrict the scope of the enactment and only where the object or meaning of an enactment is not clear the preamble may be resorted to explain it. (see: burrakur coal co. ltd. v. union of india), : [1962]1scr44 and m/s. motipur zamindary co. (p) ltd. v. the state of bihar, : air1962sc660 . here we find that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC1012; 2002(2)ALD56(SC); JT2002(2)SC253; 2002(1)SCALE584; (2002)3SCC258; [2002]1SCR651
..... was that mis- trial which vitiates proceedings."the same view is expressed by this court in the following two cases : kali prasad (dead) by lrs. & ors. vs. m/s.bharat coking coal ltd. & ors. [1989 supl. (1) scc 628] and sardul singh vs. pritam singh & ors. [1999 (3) scc 522].now, in the instant case the appellant has never pleaded before the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(1)ALT754
ORDERGoda Raghuram, J.Competing interpretations of recurrent-contemporaneous events:1. Since the inception of the naxalite movement in Andhra Pradesh in 1969, 551 police personnel were killed including one DIG, two S.Ps, five D.S.Ps; 16 Inspectors and 49 Sub-Inspectors. 2928 civilians were killed; public and private property worth hundred of crores of rupees was destroyed; the extremist groups indulged in mindless violence and committed brutal murders. The naxal violence increased since 1991. They deliberately ambush and attack police with sophisticated firearms and explosives. In order to create terror the Maoists are also targeting functionaries of ruling political parties and killing them brutally - (counter affidavit of the Director General of Police in W.P. No. 15419/06 including Annexures 2 and 7)2. The State Executive for the first time started extra-legal killing which is popularly known as Encounter since 1968 and as on today in the name of alleged encounter the State has snat...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1991(3)ALT542; 1993CriLJ558
1. A 'Call Attention Motion' No. 329 of 1981 was moved in the Andhra Pradesh Legislative Assembly in 1981 regarding the execution of jungle clearance works in the Irrigation Circle, Nellore District, allegating that works costing more than 60 lakh rupees were entrusted to the contractors without calling for tenders. 2. Thereupon, the Secretary, Irrigation Department, Government of Andhra Pradesh directed Mr. L. R. Kapoor, the then Chief Engineer, Major Irrigation, to conduct an enquiry into the allegations in the execution of the works. In that connection, he visited Nellore and conducted an enquiry from 4-4-1981 to 6-4-1981 and submitted his preliminary report to the State Government on 17-4-1981 pointing out various irrgularities and illegalities committed by the Engineers in the execution of the jungle clearance works in the Nellore Irrigation Circle. Then the State Government issued G.O.Ms. No. 313 dated 20-7-1981 appointing Mr. N. V. M. Krishna, the then Chief Engineer, (Investiga...
Tag this Judgment!Court : Chennai
..... .c. according to him, under no circumstances, the first relief could be held to be not legally maintainable at the instance of the plaintiffs.117. now, the discussion supra of mine has got boiled down the issue as under:whether some of the legal heirs of the original trustee can sue some other legal heirs of the same deceased trustee for .....
Tag this Judgment!Court : Mumbai
Reported in : (1981)IILLJ459Bom
Deshpande, C.J.1. This petition under Art. 226 of the Constitution of India, by the two petitioners, seeks to get the order of termination of their services dated 29th April, 1981 under Regulation 48 of Air India Employees' Service Regulations (hereinafter referred to as 'the said Regulations') quashed. Petitioner No. 1 was the Director of Engineering and the head of the Engineering Department while petitioner No. 2 was Deputy Director of Engineering (Maintenance) and the head of the Maintenance Division in the service of respondent No. 2, Air India Corporation (hereinafter referred to as 'the Corporation') on the date of the impugned orders. Petitioner No. 1 was promoted to the said post on 5th February, 1980 and was confirmed therein on 1st March, 1981. On the date of the impugned orders, petitioner No. 1 was aged 55 years while petitioner No. 2 57 years, their dates of birth being 7th November, 1925 and 24th April, 1924 respectively.2. The petitioners were responsible for the mainte...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(2)ALD2; 2000(1)ALT385
1. CCCA No.36 of 1998 has been preferred against the judgment and decree dated 11-3-1997 passed by the learned 111 Additional Chief Judge, City Civil Court, Hyderabad, in OS No.311 of 1980 by the unsuccessful defendants 2 and 5 while arraying the other defendants in the suit as respondents 2 to 7.2. CCCA No.58 of 1998 has been preferred by the remaining defendants 1, 3, 4 and 6 to 8 against the same judgment and decree in OS No.311 of 1980 while arraying the defendants, 1, 2 and 5 as respondents 2 to 4. The plaintiff in the suit is the first respondent in both the appeals.3. Initially an ex parts decree was passed on 24-12-1981 when all the defendants remained ex parte in the suit; Later the said decree was set aside pursuant to the orders passed in IA No.392 and 393 of 1983 qua the defendants 2 and 5 alone on 20-3-1989. The petition filed by the 7th defendant in IA No.436 of 1983 was dismissed. The petitions filed by the remaining defendants seeking to set aside the exparte decree als...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC1236; JT1995(2)SC110; 1995(1)SCALE539; (1995)2SCC161; [1995]1SCR1036
..... fixed by this court.as regards the revenue generated by the advertisement by doordarshan is concerned, doordarshan will deposit the said amount in a separate account and preferably in a nationalised bank. the doordarshan will have the exclusive right to advertisement. all the ias are disposed of accordingly.since certain disputes arose between the parties, on 18th october, 1994 this court .....
Tag this Judgment!Court : Guwahati
..... of occupation which the contract between them allows', to quote the words of lord denman in r. v. westbrook [1847] 10 qb 178. he was referring to leases of coal mines, clay pits and slate quarries. he added that in all these the occupation was only valuable by the removal of portions of the soil. it is true that he was ..... the lease quoted above, which illustrates how inadequate and fallacious it is to envisage the royalties as merely the price of the actual tons of coal. the tonnage royalty is indeed only payable when the coal or coke is gotten and despatched : but that is merely the last stage. as preliminary and ancillary to that culminating act, liberties are granted to ..... search, to dig and sink pits, to erect engines and machinery, coke ovens, furnaces and form railways and roads. all these and the like liberties show how fallacious it is to treat the lease as merely one for the acquisition of a certain number of tons of coal, or the agreed item of royalty as merely the price of each .....
Tag this Judgment!