Court : Chennai
Decided on : Feb-19-1996
Reported in : AIR1997Mad312
1. Defendant-State of Tamil Nadu represented by the District Collector. Tiruchirapalli, is the appellant in this second appeal. Plaintiff, respondent herein, filed O.S. No. 200 of 1978, on the file of the District Munsif's Court, Kulithalai, for a declaration that they are the absolute owners of the suit treasure, namely, 360 one Rupee coins of Queen victoria era., and for costs of the suit.2. Material averments in the plaint are as follows :--360 One rupee coins of the era of Queen Victoria were found by the first plaintiff on 15-12-75, right in the middle of the ancestral family house, which belonged in comon to him and his senior paternal uncle's grandson, 2nd plaintiff in the suit. Plaintiffs claim that they are the owners of the said property. The plaintiffs, would say that they and their ancestors had been very ancient residents of the village of Inam Pudur in Manapparai Taluk. They had their very ancient ancestral house in the village natham in S.F. No. 74. The plaintiffs have s...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-19-1996
Reported in : AIR1997SC2847; JT1997(1)SC40; 1996(9)SCALE613; (1997)7SCC339; [1996]Supp10SCR472
ORDER1. Article 289(1) of the Constitution of India declares that the 'property and income of a State shall be exempt from Union taxation'. The question in this batch of appeals is whether the properties of the States situated in the Union Territory of Delhi are exempt from property taxes levied under the municipal enactments in force in the Union Territory of Delhi. The Delhi High Court has taken the view that they are. That view is challenged in these appeals preferred by the New Delhi Municipal Council and the Delhi Municipal Corporation.2. Leave granted in the Special Leave Petitions.3. Prior to 1911-12, a large part of the territory now comprised in the Union Territory of Delhi was a district of the Province of Punjab. By a Proclamation dated September 17, 1912, the Governor General took the said territory under his immediate authority arid, management, to be administered as a separate Province to be known as the Province of Delhi. (This was in connection with the decision to shif...
Tag this Judgment!Court : Karnataka
Decided on : Nov-29-1996
Reported in : 1997(1)ALT(Cri)946; 1997CriLJ2731; ILR1997KAR1139
ORDER1. These two petitions came to be filed under Section 482, Cr.P.C. questioning the very jurisdiction of the Sub-Divisional Magistrate, to take action under Sec. 133, Cr.P.C. for the alleged offence of polluting air and water and preventing public nuisance. Since common question of law in involved, these two petitions are disposed of by this order. Retain copy of this order in each file. 2. The brief facts of the case are that in Cr.P.C. 410/88 the petitioners are units of Grasim Industries Ltd., formerly known as the Gualior Rayon Silk . They have put up its two Units known as Harihar Polyfibers and Grasilene Dvn. on the left Bank of Tungabhadra river at Kumarapatnam near Harihar in Dharwad Dist. The Unit Harihar Polyfibers which produces pulp was commissioned in the year 1972. The other Unit Grasilene Division was set up in the year 1977 to produce high performance fibre from wood publp. The 2nd respondent filed a complaint before the 1st respondent making allegation of water and...
Tag this Judgment!Court : Allahabad
Decided on : Jul-19-1996
Reported in : AIR1997All44; (1996)3UPLBEC1691
ORDERU.P. Singh, J. (Majority view)1. Thequestion as framed for decision by the Full Bench is as follows:'Whether Section 16-G(3)(a) of U. P. Intermediate Education Act, 1921, is applicable to a recognised and Government aided minority institution which provides for taking of the prior approval of the District Inspector of Schools in writing before discharging, removing or dismissing from service or reducing in rank or subjecting to any diminution in emoluments or terminating the service of a teacher of a recognised institution under the Act?'2. The necessary facts leading to making the reference to the Full Bench may be stated briefly. Sri Guru Nanak Deo Girls Inter College, Saharanpur is a minority institution. It is aided by the State Government. Smt. J. K. Kalra, the petitioner, was appointed as a teacher by the Committee of Management of Sri Guru Nanak Deo Inter College, Saharanpur on 8th July, 1954 and confirmed on the said post on 8th July, 1955. She was promoted as Principal of...
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-15-1996
Reported in : 1996IIAD(SC)117; AIR1996SC2951; JT1996(4)SC479; 1996(4)KarLJ540; 1996(2)SCALE197; (1996)3SCC55; [1996]2SCR663; 1996(1)LC682(SC)
ORDERS. Saghir Ahmad, J.1. These are tenant's appeals.2. Prem Chand Jain, who is since dead and is now represented by respondent No. 1, had filed a petition before the Rent Controller, Delhi, for the eviction of the appellant from the premises No. XI/4239-A, Raj Kishan, Jain Street, Municipal Ward No. XI, Darya Ganj, Delhi, on the ground of default in payment of rent and sub-letting. This petition came to be tried by the Additional Rent Controller, Delhi, who passed an order on 24th March, 1971 under Section 15(1) of the Delhi Rent Control Act, 1958 (for short, the 'Act') requiring the appellant to deposit all the arrears of rent due for the period from 1.6.1970 within one month from the date of the order and to deposit the future rent also at the rate of Rs. 200 p.m. every month by the 15th of each succeeding month after adjusting an amount of Rs. 800 which, admittedly, was received by Prem Chand Jain as part of the arrears of rent.3. While the proceedings were pending/before the Addi...
Tag this Judgment!Court : US Supreme Court
Decided on : Jul-01-1996
United States v. Winstar Corp. - 518 U.S. 839 (1996) OCTOBER TERM, 1995 Syllabus UNITED STATES v. WINSTAR CORP. ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT No. 95-865. Argued April 24, 1996-Decided July 1, 1996 Realizing that the Federal Savings and Loan Insurance Corporation (FSLIC) lacked the funds to liquidate all of the failing thrifts during the savings and loan crisis of the 1980's, the Federal Home Loan Bank Board (Bank Board) encouraged healthy thrifts and outside investors to take over ailing thrifts in a series of "supervisory mergers." As inducement, the Bank Board agreed to permit acquiring entities to designate the excess of the purchase price over the fair value of identifiable assets as an intangible asset referred to as supervisory goodwill, and to count such goodwill and certain capital credits toward the capital reserve requirements imposed by federal regulations. Congress's subsequent passage of the Financial Institutions ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-11-1996
Reported in : AIR1996SC2804; (1996)3GLR580; JT1996(8)SC647; 1996(6)SCALE687; (1996)11SCC482a; [1996]Supp6SCR79
ORDERN.P. Singh, J.1. Leave granted.2. These appeals have been filed on behalf of the Ahmedabad Urban Development Authority for setting aside the order passed by the High Court of Gujarat dismissing the Letters Patent Appeals filed on behalf of the appellants, against the judgment of the single Judge of the said High Court in different writ petitions. The writ petitions had been allowed saying that the sanction accorded by the Notification dated 12.8.1983, by the State of Gujarat in exercise of powers conferred on it by Clause (c) of Sub-section (1) of Section 17 of the Gujarat Town Planning and Urban Development Act, 1976 had lapsed after the expiry of period of 10 years and because of service of notice by the concerned land owners in accordance with Sub-section (2) of Section 20 of the said Act, as during this period neither the lands in question were acquired by agreement nor proceedings under the Land Acquisition Act, 1894 were commenced.3. The Bombay Town Planning Act, 1954 regula...
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-12-1996
Reported in : 1996IIIAD(SC)502; AIR1996SC1744; 1996(2)ALD(Cri)207; (1996)98BOMLR513; 1996CriLJ2448; 1996(2)Crimes64(SC); JT1996(4)SC615; 1996(3)SCALE449; (1996)4SCC659; [1996]Supp1SCR189
ORDERHansaria, J.1. Bombay of yesterday, Mumbai of today : financial capital of the nation. It woke as usual on 12th March, 1993. People started for their places of work not knowing what was in their store. The terrorists and/or disruptionists, bent on breaking the backbone of the nation (for reasons which need not be gone into) had, however, hatched a well laid-out conspiracy to cripple the country by striking at its financial nerve. As Bombay set down to work, blasting of bombs, almost simultaneously, took place at important centers of commercial activities like Stock Exchange, Air India, Zaveri Bazar, Katha Bazar and many luxurious hotels. A shocked Bombay and a stunned nation first tried to provide succour to the victims as much as possible and then wanted to know the magnitude of the loss of life and property. It surpassed all imagination, as it was ultimately found that the blasts left more than 250 persons dead, 730 injured and property worth about Rs. 27 crores destroyed. By al...
Tag this Judgment!Court : US Supreme Court
Decided on : Jun-13-1996
Bush v. Vera - 517 U.S. 952 (1996) OCTOBER TERM, 1995 Syllabus BUSH, GOVERNOR OF TEXAS, ET AL. v. VERA ET AL. APPEAL FROM THE DISTRICT COURT FOR THE SOUTHERN DISTRICT OF TEXAS No. 94-805. Argued December 5, 1995-Decided June 13, 1996* Because the 1990 census revealed a population increase entitling Texas to three additional congressional seats, and in an attempt to comply with the Voting Rights Act of 1965 (VRA), the Texas Legislature promulgated a redistricting plan that, among other things, created District 30 as a new majority-African-American district in Dallas County and District 29 as a new majority-Hispanic district in Harris County, and reconfigured District 18, which is adjacent to District 29, as a majorityAfrican-American district. Mter the Department of Justice precleared the plan under VRA 5, the plaintiffs, six Texas voters, filed this challenge alleging that 24 of the State's 30 congressional districts constitute racial gerrymanders in violation of the Fourteen...
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-19-1996
Reported in : 2002(83)ECC85; 1997(89)ELT247(SC); JT1996(11)SC283; 1996(9)SCALE457; (1997)5SCC536; [1996]Supp10SCR585; [1998]111STC467(SC)
B.P. Jeevan Reddy, J.1. Significant questions concerning the refund of Excise and Customs duties collected contrary to law - in all its shades - arise for consideration in these appeals and writ petitions. They involve the correctness of certain earlier decisions of this Court, concept of unjust enrichment, interpretation of Article 265 of the Constitution of India and of the provisions of the Central Excises and Salt Act, 1944 and the Customs Act et al. As far back as August 14, 1984, Civil Appeal No. 1794 of 1984 and the connected special leave petitions were referred to a Bench of seven Judges by a Bench of two learned Judges, since the referring Bench doubted the correctness of the five-Judge Bench decision in Sales Tax Officer, Benaras and Ors. v. Kanhaiyalal Mukundlal Saraf : [1959]1SCR1350 . When the matter came up before a seven-Judge Bench, it was brought to our notice that a seven-Judge Bench has followed the decision in Kanhaiyalal in State of Kerala v. Aluminium Industries ...
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