Court : US Supreme Court
Hamdan v. Rumsfeld - 05-184 (2006) SYLLABUS OCTOBER TERM, 2005 HAMDAN V. RUMSFELD SUPREME COURT OF THE UNITED STATES HAMDAN v . RUMSFELD, SECRETARY OF DEFENSE, etal. certiorari to the united states court of appeals for the district of columbia circuit No. 05184.Argued March 28, 2006Decided June 29, 2006 Pursuant to Congress Joint Resolution authorizing the President to use all necessary and appropriate force against those nations, organizations, or persons he determines planned, authorized, committed or aided the September 11, 2001, al Qaeda terrorist attacks (AUMF), U. S. Armed Forces invaded Afghanistan. During the hostilities, in 2001, militia forces captured petitioner Hamdan, a Yemeni national, and turned him over to the U. S. military, which, in 2002, transported him to prison in Guantanamo Bay, Cuba. Over a year later, the President deemed Hamdan eligible for trial by military commission for then-unspecified crimes. After another year, he was charged with conspiracy t...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC980; 2006(3)CTC209; JT2006(1)SC457; (2006)2MLJ67(SC); 2006(1)SCALE385; (2006)2SCC1
Y.K. Sabharwal, C.J.1. The challenge in these petitions is to the constitutional validity of Notification dated 23rd May, 2005 ordering dissolution of the Legislative Assembly of the State of Bihar. It is a unique case. Earlier cases that came up before this Court were those where the dissolutions of Assemblies were ordered on the ground that the parties in power had lost the confidence of the House. The present case is of its own kind where before even the first meeting of the Legislative Assembly, its dissolution has been ordered on the ground that attempts are being made to cobble a majority by illegal means and lay claim to form the Government in the State and if these attempts continue, it would amount to tampering with constitutional provisions.2. One of the questions of far reaching consequence that arises is whether the dissolution of Assembly under Article 356(1) of the Constitution of India can be ordered to prevent the staking of claim by a political party on the ground that...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC212; (2006)1GLR294; [2006(2)JCR272(SC)]; JT2005(12)SC580; RLW2006(1)SC705; 2005(8)SCALE661; (2005)8SCC534; 2006(1)LC240(SC)
..... v. union of india and ors., , a governmental decision to give utmost importance to the training programme of the indian administrative service selectees was upheld by deriving support from article 51-a(j) of the constitution, holding that the governmental ..... , it was held that the directive principles of state policy have to conform to and run as subsidiary to the chapter of fundamental rights. the view was reiterated in deep chand and anr. v. the state of uttar pradesh ..... gujarat amendment) act, 1994. the bombay act of 1954 referred to as 'the principal act' was further amended by section 2 of the amending act which reads as under:2. in the bombay animal preservation act, 1954 (hereinafter referred to as 'the principal act'), in section ..... own to the detriment of legal development. the resulting 'jurisprudence of concepts' produces a slot-machine approach to law whereby new points posing questions of social policy are ..... . this they cannot clearly do'.question - 5 : article 19(1)(g) : 'regulation' or 'restriction' includes total prohibition; partial restraint is not total prohibition32. respondents rely ..... ,93,227 as in 1992. a statement showing the amount of dung production for the year 1983-84 to 1996-97 and a statement showing the nature of economy of the state of gujarat is annexed ..... 2,88,084. this clearly indicates that there has been a vast change in the meat eating style of people of gujarat state. it is because of the awareness created among the public due to the threats of dangerous .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC3136; 2005(3)AWC2685(SC); 2005(5)BomCR553; 121(2005)DLT547(SC); [2005(4)JCR4(SC)]; JT2005(6)SC210; (2005)5SCC733
..... 2. the authorities responsible for implementing the laws are not yet fully identified. those which have been designated, do not seem to be specialised in the task of regulating noise pollution. there is dearth of necessary personnel technically qualified to act effectively. what is needed is a combination of technically qualified and administratively ..... except in exceptional circumstances.iv. awareness1. there is a need for creating general awareness towards the hazardous effects of noise pollution. suitable chapters may be added in the text-books which teach civic sense to the children and youth at the initial/early level of education ..... become more serious with the increasing trend towards industrialisation, urbanization and modernisation and is having many evil effects including danger to health. it may cause interruption of sleep, affect communication, loss of efficiency, hearing loss or deafness, high blood ..... two sources, i.e. industrial and non-industrial. the industrial source includes the noise from various industries and big machines working at a very high speed and high noise intensity. non-industrial source of noise includes the noise created by ..... had already included the prescribed noise limits for firecrackers as additional conditions of licenses issued under the explosives rules 1983. the authorities empowered to enforce the explosives rules 1983 have been clearly defined under the said rules.desirability of fixing chemical composition for the firecrackers141. the learned .....
Tag this Judgment!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 : AIR2005SC2677; (2005)4CompLJ283(SC); JT2005(2)SC8; (2005)4SCC649
N. Santosh Hegde, J. 1. I have had the benefit of reading the judgment of Sinha, J. I regret I cannot persuade myself to agree with the conclusions recorded in the said judgment hence this separate opinion. The Judgment of Sinha, J. has elaborately, dealt with the facts, relevant rules and bye-laws of the Board of Control for Cricket in India (the Board). Hence, I consider it not necessary for me to reproduce the same including the lengthy arguments advanced on behalf of the parties except to make reference to the same to the extent necessary in the course of this judgment.2. Mr. K.K. Venugopal, learned senior counsel appearing for the Board has raised the preliminary issue in regard to the maintainability of this petition on the ground that under Article 32, a petition is not maintainable against the Board since the same is not 'State' within the meaning of Article 12 of the Constitution of India. It is this issue which is being considered in this judgment.3. In support of his argumen...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC3566; 2004(2)ALD(Cri)504; 2004(2)BLJR1378; 98(2004)CLT491(SC); 2004CriLJ2881; 112(2004)DLT457(SC); 2004(77)DRJ390; RLW2004(3)SC402; 2004(6)SCALE15; (2004)5SCC518;
G.P. Mathur, J. 1. This writ petition under Article 32 of the Constitution has been filed by way of public interest litigation, by Sakshi, which is an organisation to provide legal, medical, residential, psychological or any other help, assistance or charitable support for women, in particular those who are victims of any kind of sexual abuse and/or harassment, violence or any kind of atrocity or violation and is a violence intervention center. The respondents arrayed in the writ petition are (1) Union of India; (2) Ministry of Law and Justice; and (3) Commissioner of Police, New Delhi. The main reliefs claimed in the writ petition arc as under :A) Issue a writ in the nature of a declaration or any other appropriate writ or direction declaring inter alia that 'sexual intercourse' as contained in Section 375 of the Indian Penal Code shall include all forms of penetration such as penile/vaginal penetration, penile/oral penetration, penile/anal penetration, finger/vaginal and finger/anal ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC2236; 2004(4)ALD50(SC); 2004(5)ALLMR(SC)894; 111(2004)DLT317(SC); [2004(3)JCR113(SC)]; JT2004(Suppl1)SC362; RLW2004(3)SC341; 2004(5)SCALE170; (2004)5SCC583; (2004)
S.B. SINHA, J : INTRODUCTION: How far and to what extent unaided private institutions can be subjected to regulations is the core question involved in these appeals which arise out of a common judgment and order dated 30.10.1998 passed by the High Court of Delhi in C.W.P. No. 3723, 4021, 4119, 5330 of 1997. THE LAW OPERATING IN THE FIELD: The Delhi School Education Act, 1973 (for short 'the Act') was enacted inter alia to provide for better organisation and development of school education. By reason of the provisions of the Act, school education, whether imparted in a government institution, a minority institution, an aided or unaided private institutions is sought to be regulated. The power of Administrator to regulate education in all the schools in Delhi, however, is to be made in accordance with the provisions of the Act. Section 4 of the Act provides for recognition of the institution. A scheme of management for managing the affairs of the school is required to be framed in terms ...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2004(4)SC158; (2004)3MLJ132(SC); 2004(4)SCALE192; (2004)4SCC460; 2004(2)LC1300(SC)
S.B. Sinha, J. INTRODUCTION:1. Validity of sale deed dated 19.6.1985 executed by the Bangalore Development Authority (hereinafter referred to as 'the Authority') in favour of the appellant herein was questioned by the first respondent before the High Court by way of a public interest litigation which has been allowed by reason of the impugned judgment.FACTUAL BACKGROUND:2. The appellant is a company incorporated under the Companies Act engaged in printing and publishing of newspapers and periodicals. For grant of allotment of a suitable plot for establishing an industry, an application was filed by it before the said Authority and upon consideration thereof, a plot admeasuring 1 acre 20 guntas under the (BTM) was allotted on a consideration of Rs. 1,87,500/-. On the said amount having been deposited by the appellant, a deed of sale was executed in its favour by the authority on or about 29.6.1995. The appellant was also put in possession thereof. A licence for fencing the property was ...
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...
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