Court : Karnataka
Reported in : ILR1989KAR39
ORDERK.A. Swami, J 1. RELIEFS: .These petitions are filed under Articles 226 and 227 of the Constitution seeking various reliefs. The reliefs sought for in W.P.Nos. 8546 to 8548/88 also cover the reliefs sought for in W.P.No. 15377/88. Therefore, the reliefs sought for in W.P.No. 15377/88 are not specifically stated. Further in a public interest petition under Article 226 of the Constitution, the reliefs can be moulded according to the findings arrived at. The objection as to absence of a specific prayer in a public interest petition as in a private interest litigation does nor assume any importance. The reliefs sought for in W.P.Nos. 8546 to 8548/88 as follows:'Wherefore, the petitioner prays that this Hon'ble Court be pleased to issue:a) A writ of mandamus directing the respondents 1 to 3 to take action for forfeiture of the land for contravention of Section 79 of the Karnataka Land Reforms Act;b) A writ of mandamus directing the respondents 1 to 3 to acquire the land for the purpose...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2003(10)SC485; 2003(10)SCALE202; (2004)11SCC26
ORDERS1. (1) These orders may be called the Punjab Excise Fiscal (Second Amendment) Orders, 1996.(2) They shall come into force on and with effect from the first day of April, 1996.2. In the Punjab Excise Fiscal Orders, 1932 (hereinafter referred to as the said Orders), in order 1, in the table, under column 'Rate of duty per proof litre'- (a) in item (1), against sub item (c) for the figures '4.00' the figures '3.00' shall be substituted; and(b) in item (3) against sub-item (b) for the figures '3.50' the figures '3.00' shall be substituted. 3. In the said Orders in order 1-B- (a) for the words 'rupees three' the words 'rupees two' shall be substituted; and(b) for Clause (iii) to the proviso, the following clause shall be substituted namely:- '(iii) the Indian Made Beer shall be at the rate of thirty-eight paise per bulk litre.' 4. In the said orders in order 1-D, for item (iii), the following item shall be substituted namely:- '(iii) rupees four and sixty paise per bulk litre.' II. 'S...
Tag this Judgment!Court : Allahabad
Devi Prasad Singh, J. 1. WITH the change of Government, the creation of new districts has become a routine feature in the State of Uttar Pradesh that too, without adverting to financial viability and necessity. Ordinarily, decisions are political to perpetuate legacy of political parties. 2. SIMILAR is the case in hand referred by the Division Bench of this Court relating to constitution of Chhatrapati Shahu Ji Maharaj Nagar (in short CSM Nagar). 3. On account of conflicting judgment with regard to right of State Government to create districts, a Division Bench of this Court (Hon'ble Pradeep Kant, J. and Hon'ble Ritu Raj Awasthi, J.), has framed three (3) questions and referred the same to the Larger Bench. In terms thereof, Hon'ble the Chief Justice has constituted the present Bench. The questions referred by the Division Bench vide order dated 25.3.2011 passed in Writ Petition No.10159 (M/B) of 2010 and three other connected writ petitions, are as under: (i) Whether the issuance of n...
Tag this Judgment!Court : Chennai
(Prayer in W.P.No.32478 fo 2015:-This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Certiorarified Mandamus, to call for the records relating to the order of Film Certification Appellate Tribunal in F.No.2/7/2015-FCAT on the file of the first respondent dated 31.08.2015, confirming the order of refusal of certificate passed in No.DIL/132/2015-CHE on the file of the second respondent dated 25.05.2015 quash the same and direct the respondents to issue certificate to the Tamil film Porkalathil Oru Poo , ( Tamil ) as suitable for public exhibition. O.A.No.1306 of 2015 in C.S.No.971 of 2015:- This Application is filed under Order XIV Rule 7 and 8 of O.S.Rules and Order 39 Rule 1 of CPC, praying to grant an interim injunction restraining the first and second respondents from releasing, publishing, exhibiting, publicly or privately selling, promoting or advertising or entering into films festivals or in any manner producing in any format film, dr...
Tag this Judgment!Court : Mumbai
Reported in : AIR1968Bom400; (1967)69BOMLR808; 1968CriLJ1584
Patel, J.1. This group of appeals arises out of a prosecution against these appellants and some others for offences of conspiracy under Section 120-B of the Indian Penal Code for importing and bringing into India gold in contravention of the provisions of the Sea Customs Act. 1878 read with the relevant Notifications and individual charges against several accused in respect of certain individual transactions. In the complaint 40 persons were named as defendants, out of whom defendants Nos. 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 36, 38, 39 and 40 only were amenable to the process of the Court. Rest of the defendants were not amenable to the process of the Court inasmuch as many were foreigners and some had absconded.(2) Defendants Nos. 1, 2 and 3, who are brothers, are referred to as Shuhaibar brothers and are of Beirut. Defendant No. 4 Yusuf Lori alias Adulla apparently is from Baherein. Juan Casanovas, defendant No. 5 is of Geneva. Defendant No. 19 Hamad Sultan of Bombay had absc...
Tag this Judgment!Court : Mumbai
Reported in : 2009(1)MhLj97
Swatanter Kumar, C.J.Introduction1. Marcus Tullius Cicero, a great orator and Roman Attorney said, 'The solidity of a State is very largely bound up with its judicial decisions'. The stability of State governance is relatable to the status of public law and order in the State. Protection to person and property of State subjects is the primary obligation of the State and this is the great significance of administration of criminal justice delivery system. Criminal jurisprudence governing the law of crime primarily has two concepts like any other legal jurisprudence:(i) Substantive criminal law; and(ii) Procedural criminal law.Provisions of substantive criminal law which are primarily penal in nature are subjected to rule of strict interpretation, while those relating to procedural law are guided by rules of plain and liberal interpretation. The Court, in the present cases, is concerned with the application of rules of interpretation to the procedural law particularly relating to the fie...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALT607
ORDERB.S.A Swamy, J. 1. The vexed issue of regularization of the services of the employees who are appointed under different nomenclatures like daily wage workers, casual labourers, consolidated employees, N.M.Rs. for starvation wages and continued as such for over a number of years without regularization has come to the fore again in these batch of writ petitions. The petitioners in these batch of Writ Petitions numbering more than 200 are working in different organizations under the control of the Government of Andhra Pradesh, whose existence is traceable to either statutes or executive orders issued by the Government, floated to give effect to the popular schemes to catch the vote banks, from time to time after 1975 and their existence cannot be dispensed with now. This is the second or third round of litigation for some of the petitioners. I feel that some more writ petitioners seeking similar relief are pending in this Court apart from hundreds of cases filed by the temporary empl...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2004)1CompLJ50(SC); (2003)184CTR(SC)450; [2003]263ITR707(SC); JT2003(Suppl2)SC205; 2003(8)SCALE287; (2004)10SCC1
Srikrishna, J. 1. Leave granted. 2. These appeals by special leave arise out of the judgment of the Division Bench of Delhi High Court allowing Civil Writ Petition (PIL) No. 5646/2000 and Civil Writ Petition No. 2802/2000. The High Court by its judgment impugned in these appeals quashed and set aside the circular No.789 dated 13.4.2000 issued by the Central Board of Direct Taxes (hereinafter referred to as 'CBDT') by which certain instructions were given to the Chief Commissioners/Directors General of Income-tax with regard to the assessment of cases in which the Indo - Mauritius Double Taxation Avoidance Convention, 1983 (hereinafter referred to as 'DTAC') applied. The High Court accepted the contention before it that the said circular is ultra vires the provisions of Section 90 and Section 119 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') and also otherwise bad and illegal. 3. It would be necessary to recount some salient facts in order to appreciate the plethora...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC2468; JT1999(5)SC42; 1999(5)SCALE155a; (1999)6SCC464; [1999]3SCR1066; (1999)3UPLBEC1818
ORDERTaken on board.The learned Counsel for the appellant seeks leave to withdraw the appeals and states that Mr. S.V. Deshpande who appears for the other side has no objection to the withdrawal. The appeals will, therefore, stand disposed of as withdrawn with no order as to costs, Sd...CJINew Delhi, Sd February 6, 1997 ...J.3. Mahapalika also cancelled the building plans. This action of the Mahapalika was subject matter of criticism by the appellant as to how a duly sanctioned plan could be revoked without any notice to the appellant. We may, at this stage, itself reproduce the relevant portion of the resolution dated August 6, 1996 of the Mahapalika for withdrawal of its appeals which is as under:The Lucknow Bench of Hon'ble High Court of Allahabad has declared the agreement dated 4.11.1993 executed between the Nagar Mahapalika, Lucknow and M.I. Builders, Karamat Market Lucknow in respect of construction of underground Palika Bazar and Multistoreyal parking on Jhandewala Park Aminaba...
Tag this Judgment!Court : Karnataka
Reported in : AIR1986Kant21; ILR1985KAR2477
Puttaswamy, J. 1. On a reference made by one of us (Puttaswamy, J.) these cases have been posted before us for disposal.2. As common questions of law arise for determination in these cases, I propose to dispose of them by a common order.3. All the petitioners hold licences called 'Touring Cinema Licences' issued in their favour by the concerned District Magistrates of the Districts ('DMs') presently under the Karnataka Cinemas (Regulation) Act of 1964 (Karnataka Act 23 of 1964) ('the Act') and the Karnataka Cinemas (Regulation) Rules, 1971 ('the Rules') for exhibiting films at the places detailed in their respective licences. The licences have been re-granted from time to time and were due for re-grant sometime before 3-5-1984 or immediately thereafter as is the case.4. After a series of amendments to the Rules, their periodical and endless challenges before this Court, which so far regretfully ended up only in abortive results, to which aspect I will have occasion to refer to it in so...
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