Court : Supreme Court of India
Decided on : Dec-17-2014
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...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-12-2014
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...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-25-2014
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...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-07-2014
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION ORIGINAL SUIT No.3 OF2006State of Tamil Nadu Plaintiff Versus State of Kerala & Anr. Defendants JUDGMENT R.M. LODHA, CJI. This Court remains seized of the problem with regard to the water level of Mullaperiyar dam after it had solved on 27.02.2006 (Mullaperiyar Environmental Protection Forum[1].) because the Kerala State Legislature enacted the law immediately thereafter fixing and limiting Full Reservoir Level (FRL) to 136 ft. Mullaperiyar dam :1886. Lease Agreement 2. Mullaperiyar dam a masonry dam was constructed pursuant to the Periyar Lake Lease Agreement dated 29.10.1886 (1886 Lease Agreement) across Periyar river. The construction continued for about eight years and was completed in 1895. The dam is situated at Thekkady District in Kerala and is owned and operated by the Government of Tamil Nadu. By the 1886 Lease Agreement between the Maharaja of Travancore and the Secretary of State for India in Counc...
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Decided on : May-06-2014
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) No.57 OF2014Subrata Roy Sahara . Petitioner versus Union of India and others . Respondents JUDGMENT Jagdish Singh Khehar, J.I. Should we be hearing this case?. Would it not be better, for another Bench to hear this case?.1. In the present writ petition, the petitioner has made the following prayers:- (a) Declare the order dated 4.3.2014 as void, nullity and non-est in the eyes of law; (b) Declare that the incarceration and the custody of the petitioner are illegal which should be terminated forthwith; (c) Issue such other writ in the nature of Habeas (corpus) or other writs, order or direction for release of the petitioner from the illegal custody. (d) Pass such further orders as this Honble Court may deem fit and proper in the facts and circumstances of the case. A perusal of the prayers made in the writ petition reveals, that in sum and substance the petitioner has assailed the order date...
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-25-2014
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION1WRIT PETITION (CIVIL) No.613 OF2007Justice Ripusudan Dayal (Retd.) & Ors. .... Petitioner (s) Versus State of M.P. & Ors. .... Respondent(s) 2 JUDGMENT P.Sathasivam, CJI.1) The present writ petition, under Article 32 of the Constitution of India, has been filed by the petitioners challenging the validity of certain letters issued by Mr. Qazi Aqlimuddin Secretary, Vidhan Sabha (Respondent No.4 herein) on various dates against them with regard to a case registered by the Special Police Establishment (SPE) of the Lokayukt Organisation, against the officials of the Vidhan Sabha Secretariat as well as against the concerned officials of the Capital Project Administration- the Contractor Company alleging irregularity in the construction work carried out in the premises of Vidhan Sabha.2) It is relevant to mention that Petitioner No.1 herein was the Lokayukt of the State of Madhya Pradesh appointed under the provisio...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-21-2014
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION1WRIT PETITION (CRIMINAL) No.55 OF2013Shatrughan Chauhan & Anr. .... Petitioner (s) Versus Union of India & Ors. .... Respondent(s) 2 3 WITH45 WRIT PETITION (CRIMINAL) No.34 OF20136 WRIT PETITION (CRIMINAL) No.56 OF20137 WRIT PETITION (CRIMINAL) No.136 OF20138 WRIT PETITION (CRIMINAL) No.139 OF20139 WRIT PETITION (CRIMINAL) No.141 OF201310 WRIT PETITION (CRIMINAL) No.132 OF201311 WRIT PETITION (CRIMINAL) No.187 OF201312 WRIT PETITION (CRIMINAL) No.188 OF201313 WRIT PETITION (CRIMINAL) No.190 OF201314 WRIT PETITION (CRIMINAL) No.191 OF201315 WRIT PETITION (CRIMINAL) No.192 OF201316 WRIT PETITION (CRIMINAL) No.193 OF201317 JUDGMENT P.Sathasivam, CJI.1) Our Constitution is highly valued for its articulation. One such astute drafting is Article 21 of the Constitution which postulates that every human being has inherent right to life and mandates that no person shall be deprived of his life or personal liberty ex...
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