Court : US Supreme Court
Abrams v. Johnson - 521 U.S. 74 (1997) OCTOBER TERM, 1996 Syllabus ABRAMS ET AL. v. JOHNSON ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF GEORGIA No. 95-1425. Argued December 9, 1996-Decided June 19, 1997* The electoral district lines for Georgia's congressional delegation are here a second time, appeal now being taken from the District Court's rulings and determinations on remand after Miller v. Johnson, 515 U. S. 900 , in which this Court affirmed the finding that the State's Eleventh District was unconstitutional because race was a predominant factor in its drawing, id., at 915-917. The plan challenged contained three majorityblack districts, and after remand the complaint was amended to challenge another of these, the then-Second District, which the trial court found was also improperly drawn under Miller. The court deferred to Georgia's Legislature to draw a new plan, but the legislature could not reach agreement. The court then d...
Tag this Judgment!Court : US Supreme Court
Idaho v. Coeur d'Alene Tribe of Idaho - 521 U.S. 261 (1997) OCTOBER TERM, 1996 Syllabus IDAHO ET AL. v. COEUR D'ALENE TRIBE OF IDAHO ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 94-1474. Argued October 16, 1996-Decided June 23, 1997 Alleging ownership in the submerged lands and bed of Lake Coeur d'Alene and various of its navigable tributaries and effluents lying within the original boundaries of the Coeur d'Alene Reservation (the submerged lands), the Coeur d'Alene Tribe and various of its members (collectively, the Tribe) filed this federal-court action against the State of Idaho, various state agencies, and numerous state officials in their individual capacities. The Tribe sought, inter alia, a declaratory judgment establishing its entitlement to the exclusive use and occupancy and the right to quiet enjoyment of the submerged lands, a declaration of the invalidity of all Idaho laws, customs, or usages purporting to regulate those land...
Tag this Judgment!Court : Kerala
Reported in : [1997]228ITR448(Ker)
P.A. Mohammed, J.1. The question involved in this writ petition relates to the refusal to waive the interest levied under sections 139(8) and 217 of the Income-tax Act (for short 'the Act'). The material facts which are required for the decision of the above point are thus : For the assessment year 1984-85, the petitioner has filed a return on March 27, 1987, though normally it should have been filed on July 31, 1984. There was a delay of 31 months in submitting the return. The first respondent completed the assessment of the petitioner-firm by order dated February 24, 1988. Exhibit P-l is a copy of the assessment order as per which income was fixed at Rs. 4,72,750. However, by exhibit P-5 order exhibit P-l order was rectified and the correct interest payable under Section 139(8) of the Act was determined as Rs. 1,06,395 as against Rs. 37,086 demanded originally. The petitioner filed a petition before the Commissioner under Section 273A of the Act for waiver of interest levied under se...
Tag this Judgment!Court : Patna
Prasun Kumar Deb, J. 1. The abovementioned First Appeals and (Civil Revisions) are taken up together for disposal as being heard analogously and the parties being the same. F.A. No. 146 of 1990 (R) has been filed by the defendants of Title Suit No. 23 of 1968 whereas F.A. No. 54 of 1990(R) has been filed by the same appellantswho were plaintiffs in Title Suit No. 10 of 1967. Similarly, F.A. No. 55 of 1990(R) has been filed by the defendants of Title Suit No. 10 of 1967 and the same appellants have filed F.A. No. 145 of 1990(R) in which they were plaintiffs in Title Suit No. 23 of 1968. F.A. No. 82 of 1990(R) has been filed by the State of Bihar against Title Suit No. 10 of 1967 in which the State of Bihar was the defendant. 2. Analogous judgment in both the suits being Title Suit Nos. 10 of 1967 and 23 of 1968 have been passed by Shri C. S. Choubey, the then Subordinate Judge I, Giridih on 3-3-1990. The first suit in point of time is Title Suit No. 10 of 1967, which has been filed by...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3127; JT1997(6)SC637; 1997(5)SCALE90; (1997)8SCC522; [1997]Supp2SCR507
K. RAMASWAMY, J. (dissenting) 1. Application/s for impleadment allowed. 2. These appeals and transfer cases are wrapped up of complex facts interwoven with diverse principles in service jurisprudence, compounded by legislative intervention impinging upon judicial review by enacting Act 20 of 1995 to regulate the conditions of service of persons appointed to the Haryana Service of Engineers, Class I, Public Works Department Buildings and Roads Branch, Public Health Branch and Irrigation Branch respectively. The said Act 20 of 1995 (for short the Act) came into force with effect from 13-11-1995. It amended and repealed the Haryana Service of Engineers, Class I, PWD (Buildings and Roads Branch), (Public Health Branch) and (Irrigation Branch) Rules, Irrigation Branch by Ordinance 6 of 1995. The latter repealed the Punjab Service of Engineers, Class I, PWD (Buildings and Roads Branch), (Public Health Branch) Rules, 1960 and (Irrigation Branch) Rules, 1961 (sic 1964) issued under proviso to...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305
K. RAMASWAMY, J. 1. Leave granted. 2. These appeals are directed to resolve mutually inconsistent law adumbrated by two Division Benches of Andhra Pradesh High Court. The appeals arising from SLP (C) No.17080-81/95 are filed against the judgement passed on April 28, 1995 in Writ Petition Nos.9513/93 and 7725/94 in which the Division Bench has held that the Andhra Pradesh Scheduled Area Land Transfer Regulation (1 of 1959), as amended by Regulation II of 1970 (for short, the 'Regulation') and the Mining Act (67 of 1957) do not prohibit grant of mining leases of Government land in the scheduled area to the non-tribals. The Forest Conservation Act, 1980 (for short, the 'FC Act') does not apply to the renewals. The Andhra Pradesh Forest Act, 1967 also does not apply to the renewal of the leases. It, accordingly, dismissed the writ petitions filed by the appellant challenging the power of the Government to transfer the Government land si...
Tag this Judgment!Court : Allahabad
Reported in : 1998(1)AWC49; (1997)3UPLBEC1702
S.R. Singh, J.1. Petitioner was commissioned by the President of India in the Rank of 2nd Lieutenant in the Electrical and Mechanical Engineering Corps and was appointed as such in Short Service Commission (S.S.C. for brief), initially on contract for a period of five years on March 8, 1986. The present petition has been filed for the relief of a writ, order or direction in the nature of mandamus commanding the respondents to consider the petitioner for grant of permanent commission de novo on or before 30th April, 1994 and also for issue of a writ order or direction in the nature of certiorari, summoning the records of his A.C.R. and those of other officers of this batch, who were allegedly offered crucial favour of being insidiously granted permanent commission and quashing the selection process including Annexure 4, by which the petitioner's statutory complaint dated 27.8.1991 met the fate of rejection and Annexure 6, which is the record of interview in respect of the petitioner, he...
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Mumbai
Reported in : (1998)65ITD73(Mum.)
1. All these appeals by the 20 appellants are against the penalty orders under s. 271(1)(c) and the facts, circumstances and grounds being the same; therefore, all these appeals of 20 appellants which is known as 'Jhunjhunwala Group of cases' are heard and decided by this common order.2. Before the start of the arguments, it was agreed to by the parties that the arguments, counter-arguments and the decisions may be with respect to the decision in the case of Nirmal Kumar P. Jhunjhunwala, in whose case, the loading order has been passed and that decision will govern all these appeals.3. The detailed facts, as are relevant to various submissions made by the parties, through, are mentioned at the relevant place, yet, we would like to extract a brief before we proceed to discuss and decide various solutions. The facts of the case are that as a result of search warrants and subsequent authorisations dt. 19th August, 1986 in the name of 4 individuals-(1) Purshottamdas F. Jhunjhunwala, (2) K...
Tag this Judgment!Court : Delhi
Reported in : 1997VIAD(Delhi)357; 69(1997)DLT36
K. Ramamoorthy, J.(1) The builders Skipper Sales Pvt. Ltd. and Skipper Towers Pvt. Ltd. had not acted in accordance with the business ethics and that had resulted in number of persons instituting suits in this Court. The fact that the premises bearing Door No. 22, Barakhamba Road, New Delhi was owned by the following persons as co-owners is not disputed. The share of each of the persons is also given below: (i) Shri 0m Prakash 1/6th (ii) Shri Atam Prakash 1/6th (iii) Shri Vijender Singh 1/6th (iv) Shri Rajinder Singh 1/25th ShriJi tender Singh 1/25th Shri Anil Gupta 1/25th Smt. Kushal Wati 1/25th Smt. Pushpa Gupta 1/50th (v) Shri Padam Singh 1/24th Smt. Gayatri Devi 1/24th Shri Madhukar Singh 1/24th Shri Diwakar Singh 1/24th (vi) Smt. Savitri Devi 1/30th Smt. Vimla Devi 1/30th Smt. Memo Devi 1/30th Smt. Vidya Wati 1/30th Smt. Santosh Bala 1/30th (2) In the first instance Skipper Sales Pvt. Ltd. entered into an agreement with the owners on 24.6.1977 for the purchase of the property. Tha...
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR1998J& K37
Kawoosa, J. 1. This Letters Patent Appeal is directed against the judgment of learned single Judge passed on July 21st, 1995 in Writ Petition No. 2488/94. The petitioner, who is an illiterate girl of 16 years of age, filed the writ petition against the respondents seeking the indulgence of the writ Court under Article 226 of the Constitution of India for the direction to the respondents by way of writ of Mandamus to pay compensation of Rs. 4.50 lacs to the petitioner for committing negligence in maintaining the electric high tension line passing through the fields, including the small piece of Rice growing land belonging to the father of the petitioner. It is alleged that in the month of September, 1992, while the petitioner along with her father and some others were harvesting Rice crop in their field, petitioner suddenly came in contact with a high tension live electric wire which had fallen down from the Poles. This gave a severe shock in her arm causing serious burns. Petitioner fe...
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