Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL/APPELLATE JURISDICTION TRANSFERRED CASE (C) No.150 OF2006Madras Bar Association Petitioner(s) versus Union of India and another Respondents WITH CIVIL APPEAL No.3850 OF2006CIVIL APPEAL No.3862 OF2006CIVIL APPEAL No.3881 OF2006CIVIL APPEAL No.3882 OF2006CIVIL APPEAL No.4051 OF2006CIVIL APPEAL No.4052 OF2006WRIT PETITION (C) NO.621 OF2007TRANSFERRED CASE (C) NO.116 OF2006TRANSFERRED CASE (C) NO.117 OF2006TRANSFERRED CASE (C) NO.118 OF2006WRIT PETITION (C) NO.697 OF2007JUDGMENT Jagdish Singh Khehar, J.The Controversy:1. All the above cases are being disposed of by this common judgment. The issue which arises for consideration before us, in the present bunch of cases, pertains to the constitutional validity of the National Tax Tribunal Act, 2005 (hereinafter referred to as, the NTT Act). Simultaneously, the constitutional validity of the Constitution (Forty-second Amendment) Act, 1976 has been assailed, by asserting, that the same vio...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL/APPELLATE JURISDICTION WRIT PETITION (C) No.223 OF2009M/s. Nova Ads ... Petitioner Versus Metropolitan Transport Corporation And Ors. ... Respondents WITH C.A. No.11037 OF2014(@ SLP(C) No.276/2007) C.A. No.11038 OF2014(@ SLP(C) No.852/2007) C.A. No.11039 OF2014(@ SLP(C) No.11880/2009) JUDGMENT Dipak Misra, J.Leave granted in all the special leave petitions.2. The present batch of appeals characterizes series of collusive concessions, maladroit misrepresentations, designed negotiations and infusion of fraud on financial morality; and further epitomises how statutory Corporations can cultivate the proclivity to give indecent burial to their interests, which is fundamentally collective interest that the Corporations are duty bound to protect, preserve and assert for. That apart, this bunch also exposes, as we have painfully penned, how the State, the protector of the interest of the citizens, has constantly maintained sphinx-like sil...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.562 OF2012Assam Sanmilita Mahasangha & Ors. ...Petitioners Versus Union of India & Ors. ...Respondents WITH WRIT PETITION (CIVIL) No.274 OF2009Assam Public Works ...Petitioner Versus Union of India & Ors. ...Respondents WITH WRIT PETITION (CIVIL) No.876 OF2014All Assam Ahom Association & Ors. ...Petitioners Versus Union of India & Ors. ...Respondents JUDGMENT R.F. Nariman, J.1. A Prophet is without honour in his own country. Substitute 'citizen' for 'prophet' and you will get the gist of the various writ petitions filed under Article 32 of the Constitution of India assailing Section 6A of the Citizenship Act.2. It all began when the Burmese ceded Assam to the British on 24th February, 1826 as per the treaty of Yandabo, thus bringing to an end Ahom rule in Assam which had begun sometime in the 13th century. The British annexed Assam and placed it as an administrative unit of the Bengal Province...
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..... known as jehovah s witnesses, was convicted in the municipal court of rochester, new hampshire for violation of chapter 378, section 2 of the public laws of new hampshire. in course of time, the appellant raised the questions that the ..... is an inhibitive prescription for a free country unless enlightened society actively participates in the administration of justice to aesthetics.9. the world s greatest paintings, sculptures, songs and dances, india ..... spectator, an equally deep strong, lasting and beneficial impression can be conveyed by scenes revealing the machinations of selfish interests, scenes depicting mutual respect and tolerance, scenes showing comradeship, help and ..... opinion, it was not the abstract or indeterminate concept of human dignity a concept which can in itself be dangerous since it may be used as justification for hastily placing unacceptable limitations on fundamental rights[29]. ..... emphasis on the said authority, has submitted that while striking down section 66a of the it act, 2000 as unconstitutional, the court has really elevated the concept of freedom of speech and expression to a great height ..... read the words reasonable restrictions into the first amendment and thus to make the rights it grants subject to reasonable regulation. the court further observed that the american courts in their majority opinions, therefore, clearly support a case for ..... of obscene merch, 52, u. cin. l. rev. 1131, 1132 (1983) [20]. journal of sports and entertainment law (vol.1, number 1 .....
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..... the judicial administration [237]. chapter 5 paragraph 5 [238]. chapter 5 paragraph 6 [239]. chapter 6 paragraph 8 [240]. chapter 6 paragraph 11 [241]. chapter 6 paragraph 14 [242]. chapter 6 paragraph 14 and 15 [243]. chapter 6 ..... shall be substituted.10. in article 231 of the constitution, in clause (2), sub-clause (a) shall be omitted. the njac act the national judicial appointments commission act, 2014 no.40 of2014[31st december, 2014]. an act to regulate the procedure to be followed by the national judicial appointments commission for recommending persons ..... justice of india, it is respectfully submitted that since january 1, 1983 to april 10, 1993, there have been only seven such cases, five of these were in 1983 (2 in january 1983, 2 in july 1983, 1 in august 1983); one in september 1985 and one in march 1991, out of a total ..... of a defective constitution. if they are lacking in these, the constitution cannot help the country. after all, a constitution like a machine is a lifeless thing. it acquires life because of the men who control it and operate it, and india needs today ..... than financial, then the disqualification is not automatic but an enquiry is required whether the existence of such an interest disqualifies the judge tested in the light of either on the principle of real danger or reasonable apprehension of bias. the pinochet case added a new category i.e that the judge is automatically disqualified from hearing a case where the judge is interested in a cause which is .....
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.13940 OF2015[ARISING OUT OF S.L.P. (C) No.28415 OF2011 LALARAM & OTHERS ..APPELLANTS VERSUS JAIPUR DEVELOPMENT AUTHORITY & ANR. ..RESPONDENTS WITH CIVIL APPEAL No.13941 OF2015[ARISING OUT OF S.L.P. (C) No.29515 OF2011 CHOTU RAM ..APPELLANT VERSUS JAIPUR DEVELOPMENT AUTHORITY & ANR. ..RESPONDENTS WITH CIVIL APPEAL No.13942 OF2015[ARISING OUT OF S.L.P. (C) No.36111 OF2011 KANA RAM & OTHERS ..APPELLANTS VERSUS JAIPUR DEVELOPMENT AUTHORITY & ANR. ..RESPONDENTS WITH CIVIL APPEAL No.13943 OF2015[ARISING OUT OF S.L.P. (C) No.36175 OF2011 MADAN LAL & OTHERS ..APPELLANTS VERSUS JAIPUR DEVELOPMENT AUTHORITY ..RESPONDENT WITH CIVIL APPEAL No.13944 OF2015[ARISING OUT OF S.L.P. (C) No.36179 OF2011 RUKMANI DEVI & OTHERS ..APPELLANTS VERSUS JAIPUR DEVELOPMENT AUTHORITY & ANR. ..RESPONDENTS JUDGMENT AMITAVA ROY,J.Leave granted.2. A procrastinated legal tussle spanning over three decades has spiralled up the judicial ...
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Reportable IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRL.) No.48 OF2014Union of India Petitioner VERSUS V. Sriharan @ Murugan & Ors. Respondents With Writ Petition (Crl.) No.185/2014 Writ Petition (Crl.) No.150/2014 Writ Petition (Crl.) No.66/2014 Criminal Appeal No.1215/2011 JUDGMENT FAKKIR MOHAMED IBRAHIM KALIFULLA, J.The Petitioner has challenged the letter dated 19.02.2014 issued by the Chief Secretary, Government of Tamil Nadu to the Secretary, Government of India wherein the State of Tamil Nadu proposed to remit the sentence of life imprisonment and to release the respondent Nos. 1 to 7 in the Writ Petition who were convicted in the Rajiv Gandhi assassination case. As far as respondent Nos. 1 to 3 are concerned, originally they were imposed with the sentence of death. In the judgment reported as V. Sriharan alias Murugan v. Union of India & Ors.-. (2014) 4 SCC242 the sentence of death was commuted by this Court. Immediately thereafter, the impugn...
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Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.671 OF2015Rajbala & Others Petitioners Versus State of Haryana & Others Respondents JUDGMENT Chelameswar, J.1. The challenge is to the constitutionality of the Haryana Panchayati Raj (Amendment) Act, 2015 (Act 8 of 2015), hereinafter referred to as the IMPUGNED ACT.2. Even prior to advent of the Constitution of India under the Government of India Act, 1935 certain local bodies with elected representatives were functioning. Such local bodies did not, however, have constitutional status. They owed their existence, constitution and functioning to statutes and had been subject to the overall control of provincial governments.3. Article 40 of the Constitution mandates- 40. Organisation of village panchayats - The State shall take steps to organize village panchayats and endow them with such powers and authority as may be necessary to enable them to function as units of self government. To effectu...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4060 OF2009|MODERN DENTAL COLLEGE AND | | |RESEARCH CENTRE & ORS. |.....APPELLANT(S) | |VERSUS | | |STATE OF MADHYA PRADESH & ORS. |.....RESPONDENT(S) | W I T H CIVIL APPEAL No.4061 OF2009CIVIL APPEAL NO4062OF2009CIVIL APPEAL NO4063OF2009CIVIL APPEAL NO4064OF2009A N D CIVIL APPEAL NO4065OF2009JUDGMENT A.K. SIKRI, J.In all these appeals, validity and correctness of the common judgment dated May 15, 2009 passed by the High Court of Madhya Pradesh, Principal Bench at Jabalpur, has been questioned. The appellants in these appeals had filed writ petitions challenging the validity/vires of the provisions of the statute passed by the State Legislature, which is known as 'Niji Vyavasayik Shikshan Sanstha (Pravesh Ka Viniyaman Avam Shulk Ka Nirdharan) Adhiniyam, 2007' (hereinafter referred to as the 'Act, 2007'). The appellants also challenged vires of Admissions Rules, 2008 (for short, 'Rules, 2008') and the ...
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..... if it is unconstitutional; (b) if it is de hors the provisions of the act and the regulations; (c) if the delegatee has acted beyond its power of delegation; (d) if the executive policy is contrary to the ..... the failure of the state government to complete the construction of a road due to collusion between the residents of another village and the administrative authorities. the high court heard the matter and gave directions, inter alia, for early completion of the road. this ..... this regard. in fact the guidelines of september 2006 for the mid-day meal scheme provide in chapter 5 thereof (paragraph 5.1(4)(iii) as follows: in case notification declaring an ..... manageable standards for determining issues of policy and it would be hazardous if not dangerous for us to venture into such areas when we lack the expertise to do ..... of a fodder bank, it appears to have been recommended that low capacity tractor mountable fodder block machine should be used as far as feasible.14. the prayer of the petitioner in this respect is for the effective management of the fodder ..... ) and the performance of the states/uts during the year till nefs comes into effect. [16]. (1983) 1 scc525[17]. 1st tranche is released to states/districts in the month of april. the quantum ..... the central employment guarantee council to discharge the functions, and perform the duties, assigned to it by or under this act. (2) the headquarters of the central council shall be at delhi. (3) the central council shall consist of .....
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