Court : Madhya Pradesh
Decided on : Jan-11-2002
Reported in : 2002(1)MPHT315
ORDERDipak Misra, J. 1. The centrum, issue that we are obligated to advert to in this batch of writ petitions, which are inseggregable and inseverable, is 'education' that makes a man a complete human being in its conceptual essence and connotativecontinuum. In the days of yore, a realised poet Bhartruhari sang in the glory of 'Vidya' in the following terms:--'VIDYA NAAM NARASYA ROOPAMADHIKAMPRACHHANNA GUPTAM DHANAMVIDYA BHOGAKARI YAASHAH SUKHAKARIYIVIDYA GURUNAM GURUHVIDYA BANDHUJANO VIDESHGAMANEVIDYAPARAM DAIVATAMVIDYA RAJASUPUJYATE NAHI DHANAMVIDYA BIHINAH PASHUH.'A free translation of the aforesaid verse would mean that education is the most resplendent exposition of a man and in it inheres the concept of quintessential treasure. It is the bedrock of all happiness, fame and pleasure. Education is the preceptor of the teacher and acts as a dear friend in travel and is the supreme God, the creative intelligence. It is education but not money which is honoured and respected in the roy...
Tag this Judgment!Court : Allahabad
Decided on : Aug-03-2002
Reported in : (2003)1UPLBEC312
Binod Kumar Roy and M.P. Singh, JJ.1. Whether the respondent who is a member of Higher Judicial Service of our State, for non-declaration of results of Intermediate Examination, 1997 of his own son could have initiated suo motu judicial proceedings in his own Court, proceeded to pass orders for production of Answer Books of his son and held guilty the Educational Authorities of the State after holding an Enquiry of committal of alleged offences under Indian Penal Code, Section 340 Cr PC and even guilty of committal of Contempt of Court Act and decided to make reference thereunder And whether this Court will be justified in interfering with his acts and orders/directions under Article 226 of the Constitution of India? are the core questions which have cropped up for adjudication in this writ proceedings.The Prayers :2. The petitioners - the State of Uttar Pradesh and the Director of Education (Secondary)-cum-Chairman, U.P. Board of High School and Intermediate Education, U.P., Allahabad...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-31-2002
Reported in : (2004)1CompLJ50(SC); (2003)184CTR(SC)450; [2003]263ITR707(SC); JT2003(Suppl2)SC205; 2003(8)SCALE287; (2004)10SCC1
Srikrishna, J. 1. Leave granted. 2. These appeals by special leave arise out of the judgment of the Division Bench of Delhi High Court allowing Civil Writ Petition (PIL) No. 5646/2000 and Civil Writ Petition No. 2802/2000. The High Court by its judgment impugned in these appeals quashed and set aside the circular No.789 dated 13.4.2000 issued by the Central Board of Direct Taxes (hereinafter referred to as 'CBDT') by which certain instructions were given to the Chief Commissioners/Directors General of Income-tax with regard to the assessment of cases in which the Indo - Mauritius Double Taxation Avoidance Convention, 1983 (hereinafter referred to as 'DTAC') applied. The High Court accepted the contention before it that the said circular is ultra vires the provisions of Section 90 and Section 119 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') and also otherwise bad and illegal. 3. It would be necessary to recount some salient facts in order to appreciate the plethora...
Tag this Judgment!Court : Mumbai
Decided on : Aug-14-2002
Reported in : 2002(6)BomCR466; [2003]130STC310(Bom)
V.C. Daga, J.1. These petitions seek to challenge the constitutional validity of the Maharashtra Tax on Luxuries Act, 1987 as amended by Maharashtra Tax Laws (Levy and Amendment) Act, 2001, being Maharashtra Act No. 22 of 2001. The petitioners are carrying on business of manufacture and sale of pan masala containing tobacco (gutkha) and pan masala without tobacco. All the petitioners are registered under the Bombay Sales Tax Act, 1959 ('the BST Act', for short), Central Sales Tax Act, 1956 ('the CST Act', for short), Central Excise Act, 1944 ('the Excise Act', for short) and have also applied for registration under Maharashtra Tax on Luxuries Act, 1987 ('the Luxury Tax Act', for short). 2. The petitioners being aggrieved by levy of luxury tax at the rate of 25 per cent are challenging the validity of the amended provision of the Luxury Tax Act on the ground that the purported levy of tax is in effect and substance a tax on sales and not on luxuries and, therefore, it is a colourable le...
Tag this Judgment!Court : US Supreme Court
Decided on : Apr-16-2002
Ashcroft v. Free Speech Coalition - 535 U.S. 234 (2002) OCTOBER TERM, 2001 Syllabus ASHCROFT, ATTORNEY GENERAL, ET AL. v. FREE SPEECH COALITION ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 00-795. Argued October 30, 200l-Decided April 16, 2002 The Child Pornography Prevention Act of 1996 (CPPA) expands the federal prohibition on child pornography to include not only pornographic images made using actual children, 18 U. S. C. 2256(8)(A), but also "any visual depiction, including any photograph, film, video, picture, or computer or computer-generated image or picture," that "is, or appears to be, of a minor engaging in sexually explicit conduct," 2256(8)(B), and any sexually explicit image that is "advertised, promoted, presented, described, or distributed in such a manner that conveys the impression" it depicts "a minor engaging in sexually explicit conduct," 2256(8)(D). Thus, 2256(8)(B) bans a range of sexually explicit images, sometime...
Tag this Judgment!Court : Mumbai
Decided on : Dec-16-2002
Reported in : 2003(2)ALD(Cri)43; 2003(3)MhLj62
J.G. Chitre, J. 1. The petitioner is hereby assailing correctness, propriety and legality of the order passed by J.M.F.C., Igatpuri on 3rd May, 1997, issuing process against her for commission of offences in context with Section 3(1)(viii), (ix), (x), (xv) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 (hereinafter referred to as Act for convenience). The complaint if read as itself shows three allegations made in it, which are :'(1). That petitioner Alka Misra, told the original complainant Shri J.P. Shoke that there are complaints against him and he should leave Igatpuri. (2) When he reiterated his request for getting a particular quarter, Mrs. Alka Misra said that she knows her job. (3) Though Alka Misra has been appointed for taking steps for welfare of members of Scheduled Castes and Scheduled Tribes but according to the say of Shri J.P. Shoke, she did not take necessary steps as stated by Shri Shoke for getting him a quarter at Kalyan. 2. The said c...
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