Court : Supreme Court of India
Reported in : AIR2005SC2920; JT2005(6)SC79; (2005)5SCC665
G.P. Mathur, J.1. This writ petition under Article 32 of the Constitution of India has been filed by way of public interest litigation for declaring certain provisions of the Illegal Migrants (Determination by Tribunals) Act, (Act No. 39 of 1983) 1983 as ultra vires the Constitution of India, null and void and consequent declaration that the Foreigners Act, 1946 and the Rules made thereunder shall apply to the State of Assam. The second prayer made is to declare the Illegal Migrants (Determination by Tribunals) Rules, 1984 as ultra vires the Constitution of India and also under Section 28 of the aforesaid Act and, therefore, null and void. Some more reliefs have been claimed which will be referred to at the appropriate stage. The respondents to the writ petition are the Union of India and the State of Assam. 2. The case set up in the writ petition is that the petitioner is a citizen of India and is ordinarily resident in the State of Assam. He is a former President of the All Assam Stu...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC350; [2002]108CompCas193(SC); (2002)1CompLJ205(SC); [2002(1)JCR339(SC)]; JT2001(10)SC466; (2002)ILLJ550SC; 2001(8)SCALE541; (2002)2SCC333; [2002]35SCL182(SC); 2002
Kirpal, J.1. The validity of the decision of the Union of India to disinvest and transfer 51% shares of M/s Bharat Aluminium Company Limited (hereinafter referred to as 'BALCO') is the primary issue in these cases.2. BALCO was incorporated in 1965 as a Government of India Undertaking under the Companies Act, 1956. Prior to its disinvestments it had a paid-up share capital of Rs. 488.85 crores which was owned and controlled by the Government of India. The company is engaged in the manufacture of aluminium and had plants at Korba in the State of Chhattisgarh and Bidhanbag in the State of West Bengal. The Company has integrated aluminium manufacturing plant for the manufacture and sale of aluminium metal including wire rods and semi-fabricated products.3. The Government of Madhya Pradesh vide its letter dated 18th March, 1968 wrote to BALCO stating that it proposed that land be granted to it on a 99 years lease subject to the terms and conditions contained therein. The letter envisaged gi...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1994SCC(3)569; JT1994(2)423
JUDGMENT:The Judgments of the Court were delivered by S. RATNAVEL PANDIAN, J. (on behalf of himself, Punchhi, J., K. Ramaswamy, J., Agrawal, J. and Sahai, J.).1.The above batch of matters consisting of a number of writ petitions, criminal appeals and SLPs are filed challenging the vires of the Terrorist Affected Areas (Special Courts) Act (No. 61 of 1984), the Terrorists and Disruptive Activities (Prevention) Act (No. 31 of 1985) and the Terrorists and Disruptive Activities (Prevention) Act, 1987 (No. 28 of 1987) commonly known as TADA Acts (hereinafter referred to as the Act of 1984, Act of 1985 and Act of 1987 respectively) and challenging the constitutional validity of Section 9 of the Code of Criminal Procedure (U.P. Amendment) Act, 1976 (U.P. Act No. 16 of 1976) by which the Legislative Assembly of Uttar Pradesh has deleted Section 438 of the Code of Criminal Procedure as applicable to the State of Uttar Pradesh. Though originally, a number of other matters falling under various A...
Tag this Judgment!Court : Karnataka
Reported in : 2009(1)KCCR5(SN)
(This writ petition is filed under articles 226 and 227 of the constitution of India praying to quash the communication dated 6-12-2004 issued by the first respondent vide annexure-k, in so far as it recommends the grant of mining lease to respondents 4 and 5, and etc.)Writ petition is by a limited company, which has filed an application on 16-4-2003 [copy at Annexure-C to the writ petition] seeking for lease of an extent of 298.5 ha. of land for mining operation for a period of 30 years to exploit iron ore from the said government land and in response to a government notification dated 15-3-2003 [copy at Annexure-B to the writ petition] informing the general public that the areas mentioned in the annexure to the notification are available for regrant under Rule 59 of the Mineral Concession Rules, 1960 [for short, the Rules]; that such an application will be considered in accordance with the provisions of the Mines and Minerals (Development & Regulation) Act, 1957 [for short, the Act] ...
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)BomCR719
N.V. Dabholkar, J.1. All ten writ petitions, together with four surviving civil applications therein, are being considered together, for disposal. Common factor in all these matters, is Godavari Dudhna Sahakari Sakhar Karkhana Ltd. at and post office Dev Nandra, Taluka Pathri, District Parbhani (henceforth, referred to as 'the sick factory'). The sick factory has come to grinding halt, so far as its business of production of sugar is concerned. After interim order of liquidation under Section 102 of the Maharashtra Cooperative Societies Act, 1960 ('MCS Act' for brevity's sake) dated 14.3.2002, finally, liquidation of the said sick factory, which is a specified cooperative society under Section 73-G of the MCS Act; is ordered on 15.5.2002. During the period the sick factory is under liquidation, there had been oscillation of decisions by the authorities under the MCS Act, regarding fate of the sick factory, whether to run it by granting lease or to effect sale of the same for satisfying...
Tag this Judgment!Court : Allahabad
Reported in : 2006(1)AWC992
Ajoy Nath Ray, C.J.1. The short basic issue in all these appeals is whether the Aligarh Muslim University is a minority Institution. The point arises because suddenly some eighty five years after incorporation, they chose for the first time to reserve a Muslim quota, by way of a 50% reservation of post-graduate course seats meant for qualified MBBS doctors. The judgment under appeal before us has been delivered by an Hon'ble Single Judge of our Court on the 4th of October, 2005. Both sides, to be more accurate, all parties, felt aggrieved, and came up in appeal. The appeals will all be disposed of by this common order.2. On the one side, who spoke first were, the Aligarh Muslim University, represented by Mr. S.S. Ray, leading Dr. Dhawan, the Union of India and the learned Attorney General on whose behalf Mr. Gopal Subramaniam addressed us, two individuals one of whom is a member of the Court of the University, which is its administrative body, the Minority Commission whose case was put...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)
ORDERSabyasachi Mukharji, CJ.1. These civil appeals, special leave petitions and civil miscellaneous petitions deal with the question of constitutional validity of the right of the employer to terminate the services of permanent employees without holding any inquiry in certain circumstances by reasonable notice or pay in lieu of notice. The facts involved in these matters are diverse but the central question involved in all these is one, i.e. whether the clauses permitting the employers or the authorities concerned to terminate the employment of the employees by giving reasonable notice or pay in lieu of notice but without holding any inquiry, are constitutionally valid and, if not, what would be the consequences of termination by virtue of such clauses or powers, and further whether such powers and clauses could be so read with such conditions which would make such powers constitutionally and legally valid? In order to appreciate the question the factual matrix of these cases so far a...
Tag this Judgment!Court : Patna
B.C. Basak, C.J.1. A series of writ petitions were filed in this Court in respect of several notifications issued under Section 3 of Unlawful Activities (Prevention) Act, 1967 (hereinafter referred as 'the said Act'), whereby certain organisations were declared as 'Unlawful Associations' within the meaning of the said Act. This particular writ petition has been filed by two petitioners, namely, one Ahmad Ali Akhtar, who has described himself as President, Bihar Zone of Jammat-e-Islami-Hind (hereinafter referred to as the said 'Association') and by one Sri Qamrul Hoda, who has described himself as President, Patna Circle of the said Association. The constitutionality of the said Act and the notification issued thereunder have bean challenged on various grounds in this petition. The petitioners have challenged the notification dated 10th December, 1992, issued under Section 3(1) read with proviso to Sub-section (3) of Section 3 of the said Act, whereby the said Association was declared ...
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)AWC3563; 2005(3)ESC2209
1. The petitioner who was elected to the office of Adhyaksha (Chair person), Zila Panchayat, Allahabad in the elections held in November, 2000, has approached this Court with a prayer for quashing the impugned order dated 30th July, 2005 (Annex. 15) passed by the respondent State Government removing the petitioner from her office on the basis of alleged charges which the State Government contends to have been proved against the petitioner under the provisions of Section 29 of the Uttar Pradesh Kshettra Panchayats and Zila Panchayats Adhiniyam, 1961 (hereinafter called the '1961 Act') read with The Uttar Pradesh Kshettra Panchayats and Zila Panchayats (Removal of Pramukhs, Up-Pramukhs, Adhyakshas and Upadhyakshas) Enquiry Rules, 1997 (hereinafter called the 1997 Rules'). Haunted and hotly pursued by her rival political opponents, the petitioner contends that the impugned order is a result of political motivation and is a complete mala fide exercise of power in violation of the provision...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1126; 1993(1)ALT(Cri)390; 1993CriLJ1029; 1992(3)Crimes1104(SC); JT1992(Suppl1)SC588; 1992(3)SCALE339; 1995Supp(4)SCC469; [1992]Supp3SCR284
ORDERKuldip Singh, J.1. Appa Balu Ingale and four others were tried for the offences under Sections 4 and 7 of the Protection of Civil Rights Act, 1955 (The Act). The trial court convicted all of them under Section 4 of the Act and sentenced them to undergo simple imprisonment for one month and a fine of Rs. 100 each and in default to suffer simple imprisonment for further five days. Appa Balu Ingale was further convicted under Section 7 of the Act but no separate sentence was awarded to him for the said offence. The Additional Sessions Judge Belgaum, on appeal, upheld the conviction and sentence of Appa Balu Ingale, Shankar Babaji Patil and Rajaram Rama Sankpal. The learned Judge, however, allowed the appeal of the other two convicts and acquitted them. Against the judgment of the Appellate Court Appa Balu Ingale and two others went in revision before the High Court. The learned Single Judge of the Karnataka High Court allowed the criminal revision petition and acquitted all of them. ...
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