Court : Supreme Court of India
Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISIDCTION CIVIL APPEAL NOS. 6203-6204__OF2016(Arising out of SLP(C) Nos. 1259-1260 of 2016) Nabam Rebia, and Bamang Felix Appellants versus Deputy Speaker and others Respondents JUDGMENT Jagdish Singh Khehar, J.1. Leave granted.2. The 5th session of the Arunachal Pradesh Legislative Assembly (hereinafter referred to as, the Assembly/House) was concluded on 21.10.2015. On 3.11.2015, the Governor issued an order summoning the 6th session of the Assembly, to meet on 14.1.2016 in the Legislative Assembly Chamber at Naharlagun. The instant order was passed by the Governor, on the aid and advice of the Chief Minister, and in consultation with the Speaker of the House. The 6th session of the House was preponed by the Governor from 14.1.2016 to 16.12.2015, by an order dated 9.12.2015 indicating inter alia the manner in which the proceedings of the House should be conducted. In its support, the Governor issued a message on 9.12.2015....
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..... services. (trade finance & banking) [page 3207].157. similarly, as per section 2(e) of the foreign trade (development and regulation) act (22 of 1992), import and export means respectively bringing into, or taking out ..... under the constitution of india. sarkaria commission dealt with legislative relations in chapter ii. the objections of state governments were noted in para 2.40.01 to the following effect: 2.40.01 some state governments and a political party have ..... the right to enter upon and carry on business is a restriction on the right to carry on trade and commerce. the tax, it was held, was not a fee for administrative purposes, its object being to raise revenue. the judgment of the minority held that the tax was directly upon trade and on its movement. ..... made shoes of small value and who may be unable to compete with large-scale manufacturers of footwear made on machines. such a classification in the interests of small manufacturers has often been made and upheld by this court. (see ..... founding fathers had evident concerns about what they described as parochial interests or narrow provincial policies posing a danger to the economic development of the nation. hence, the union government was conferred with a power of intervention which was qualitatively different ..... which have arisen under other federal constitutions as rightly observed in hoechst pharmaceuticals v. state of bihar (1983) 4 scc45and state of west bengal v. kesoram industries (2004) 10 scc201 167. the other contention .....
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.37 OF1992ABHIRAM SINGH .APPELLANT VERSUS C.D. COMMACHEN (DEAD) BY LRS. & ORS. .RESPONDENTS WITH CIVIL APPEAL No.8339 OF1995NARAYAN SINGH .APPELLANT VERSUS SUNDERLAL PATWA & ORS. .RESPONDENTS JUDGMENT Madan B. Lokur, J.1. The foundation for this reference relating to the interpretation of Section 123(3) of the Representation of the People Act, 1951 to a Bench of seven judges has its origins in three decisions of this Court.2. In Abhiram Singh v. C.D. Commachen[1]. the election in 1990 of Abhiram Singh to the No.40, Santa Cruz Legislative Assembly Constituency for the Maharashtra State Assembly was successfully challenged by Commachen in the Bombay High Court. While hearing the appeal against the decision of the Bombay High Court, a Bench of three learned Judges expressed the view that the content, scope and what constitutes a corrupt practice under sub- sections (3) or (3A) of Section 123 of the Repres...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 115-116 OF2017(Arising out of SLP (C) Nos. 26523-26524 OF2012 Secretary Mahatama Gandhi Mission & Another Appellants Versus Bhartiya Kamgar Sena & Others Respondents WITH CIVIL APPEAL NOS. 117-118 OF2017(Arising out of SLP (C) Nos. 26525-26526 OF2012 CIVIL APPEAL NOS. 119-120 OF2017(Arising out of SLP (C) Nos. 26519-26520 OF2012 JUDGMENT Chelameswar, J.1. Leave granted.2. The first appellant in all these three appeals is a charitable trust registered under the Bombay Public Trusts Act, 1950. The first appellant established and has been administering two engineering colleges, one at Nanded and another at Aurangabad in the State of Maharashtra. The first respondent appears to be an unregistered body of persons who are the employees of the first appellant. They are the staff of the abovementioned two engineering colleges belonging either to the category of teaching or non-teaching staff. The details ...
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Reportable IN THE SUPREME COURT OF INDIA Original Civil Jurisdiction Writ Petition (C) No.118 of 2016 Shayara Bano Union of India and others Petitioner Respondents versus with Suo Motu Writ (C) No.2 of 2015 In Re: Muslim Womens Quest For Equality Jamiat Ulma-I-Hind versus Writ Petition(C) No.288 of 2016 Aafreen Rehman Union of India and others versus Petitioner Respondents Writ Petition(C) No.327 of 2016 Gulshan Parveen Union of India and others versus Petitioner Respondents Writ Petition(C) No.665 of 2016 Ishrat Jahan Union of India and others versus Petitioner Respondents Writ Petition(C) No.43 of 2017 Atiya Sabri Union of India and others versus Petitioner Respondents JUDGMENT Jagdish Singh Khehar, CJI. 2 Sl. No.1. Divisions Part-1 2. Part-2 3.4.5. Part-3 Part-4 Part-5 6.7. 8.9. A. B. C. Part-6 Part-7 I. II. III. IV. V. VI. VII. Part-8 Part-9 Consideration of the rival contentions, and our Index Contents The petitioners marital discord, and the petitioners prayers The prac...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO494OF2012JUSTICE K S PUTTASWAMY (RETD.), AND ANR. ..Petitioners VERSUS UNION OF INDIA AND ORS. ..Respondents WITH T.C. (CIVIL) NO151OF2013T.C. (CIVIL) NO152OF2013W.P.(CIVIL) NO833OF2013W.P.(CIVIL) NO829OF2013W.P.(CIVIL) NO932OF2013CONMT. PET. (CIVIL) NO144OF2014IN W.P.(C) No.494/2012 T.P.(CIVIL) NO313OF2014T.P.(CIVIL) NO312OF2014S.L.P(CRL.) NO.2524/2014 W.P.(CIVIL) NO.37/2015 W.P.(CIVIL) NO.220/2015 1 CONMT. PET. (C)NO.674/2015 IN W.P.(C) NO.829/2013 T.P.(CIVIL)NO.921/2015 CONMT.PET.(C)NO.470/2015 IN W.P.(C) NO.494/2012 CONMT.PET.(C)NO.444/2016 IN W.P.(C) NO.494/2012 CONMT.PET.(C)NO.608/2016 IN W.P.(C) NO.494/2012 W.P.(CIVIL) NO.797/2016 CONMT.PET.(C)NO.844/2017 IN W.P.(C) NO.494/2012 W.P. (C) No.342/ 2017 AND WITH W.P.(C) NO.000372/2017 JUDGMENT Dr D Y CHANDRACHUD, J This judgment has been divided into sections to facilitate analysis. They are : A The reference B Decision in M P Sharma C D E F...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL/APPELLATE JURISDICTION WRIT PETITION (CRIMINAL) No.67 OF2017NIKESH TARACHAND SHAH PETITIONER UNION OF INDIA & ANR. RESPONDENTS VERSUS WITH WRIT PETITION (CRIMINAL) NO.103 OF2017WITH WRIT PETITION (CRIMINAL) NO.144 OF2017WITH WRIT PETITION (CRIMINAL) NO.152 OF2017WITH CRIMINAL APPEAL No.2012 OF2017(ARISING OUT OF SLP (CRL) NO.7326 OF2017 WITH CRIMINAL APPEAL No.2013 OF2017(ARISING OUT OF SLP (CRL) NO.7786 OF2017 WITH CRIMINAL APPEAL No.2014 OF2017(ARISING OUT OF SLP (CRL) NO.7789 OF2017 1 JUDGMENT R.F. Nariman, J.1. Leave granted.2. The present writ petitions and appeals raise the question of the constitutional validity of Section 45 of the Prevention of Money Laundering Act, 2002. Section 45(1) imposes two conditions for grant of bail where an offence punishable for a term of imprisonment of more than 3 years under Part A of the Schedule to the Act is involved. The conditions are that the Public Prosecutor must be given an oppo...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4741 OF2007Karnataka Live Band Restaurants Association .Appellant(s) VERSUS State of Karnataka & Ors. Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1) This appeal is directed against the final judgment and order dated 19.04.2007 passed by the High Court of Karnataka at Bangalore in Writ Appeal No.556 of 2007 (GM-POLICE) whereby the High Court dismissed the appeal filed by the appellant herein praying for setting aside the order 1 dated 09.02.2007 passed by the Single Judge of the High Court in Writ Petition No.27523 of 2005.2) In order to appreciate the controversy involved in the appeal, it is necessary to set out the facts infra in detail including the background facts, which led to filing of this appeal.3) The appellant is the Association registered under the Karnataka Societies Registration Act, 1960 and Rules framed thereunder. The Association is formed by the persons, who are engaged in the busi...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.20982 OF2017INDORE DEVELOPMENT AUTHORITY ...APPELLANT (S) SHAILENDRA (DEAD) THROUGH LRS.& ORS. VERSUS WITH ...RESPONDENT (S) SPECIAL LEAVE PETITION (C) No.10742 OF2008YOGESH KUMAR & ORS. ...PETITIONER (S) VERSUS STATE OF MADHYA PRADESH & ORS. ...RESPONDENT (S) WITH SPECIAL LEAVE PETITION (C) No.20920 OF2011SPECIAL LEAVE PETITION (C)Nos.26574-26575 OF2011SPECIAL LEAVE PETITION (C)No.28993 OF2011SPECIAL LEAVE PETITION (C)No.30198 OF2015SPECIAL LEAVE PETITION (C)No.30192 OF2015SPECIAL LEAVE PETITION (C)No.30142 OF20151 SPECIAL LEAVE PETITION (C)No.30128 OF2015SPECIAL LEAVE PETITION (C)No.30203 OF2015CIVIL APPEAL No.4835 OF2015SPECIAL LEAVE PETITION (C)No.25289 OF2015SPECIAL LEAVE PETITION (C)CC No.9842 OF2016SPECIAL LEAVE PETITION (C) No.22356 OF2015SPECIAL LEAVE PETITION (C) No.31678 OF2015CIVIL APPEAL NO.4836 OF2015SPECIAL LEAVE PETITION (C) No.22527 OF2015SPECIAL LEAVE PETITION (C) No.4705 OF2016SPECI...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.2453 OF2007The State of Karnataka by its Chief Secretary Versus Appellant(s) State of Tamil Nadu by its Chief Secretary & Ors. Respondent(s) WITH CIVIL APPEAL No.2454 of 2007 State of Kerala through the Chief Secretary to Government State of Tamil Nadu through the Chief Secretary Respondent(s) to Government and others Appellant(s) Versus CIVIL APPEAL No.2456 OF2007State of Tamil Nadu through the Secretary Public Works Department State of Karnataka by its Chief Secretary Government of Karnataka & Ors. Versus ...Appellant(s) Respondent(s) Dipak Misra, CJI S. No.2 JUDGMENT I N D E X Heading Page No.A. The proceedings in this Court in the present 6 Appeals B. Maintainability of the Appeals by Special 18 Leave C. Stand of all parties pertaining to remand of the matter to the Tribunal after deliberation of the legal issues D. Reference of the dispute to the Tribunal E. The initial proceedings before the T...
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