Court : Supreme Court of India
Reported in : 1996VIIAD(SC)339; AIR1997SC105; 1997(1)ALD(Cri)73; 1996(2)ALT(Cri)887; 1997CriLJ65; 1996(4)Crimes33(SC); (1997)1GLR791; JT1996(8)SC676; 1996(7)SCALE409; (1996)11SCC261
..... under section 309 read with section 149 ipc and section 3(2) of tada. two of them were also convicted under section 135(1) of the bombay police act. against their conviction and sentence the four convicts (hereinafter referred to as the appellants) have filed one of these appeals (criminal appeal no. 103 of 1994) while the other (criminal ..... /149, 307/149, 452, 395, 435, 436, 427, 323, 336 and 138 of the indian penal code, section 135(1) of the bombay police act and section 3(2) of the terrorist and disruptive activities (prevention) act, 1987 ('tada' for short). on conclusion of the trial the designated court acquitted three of them of all the charges and convicted the four others .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1999(2)SC91; 1999(1)SCALE159; (2000)10SCC65; (1999)2UPLBEC886
ORDER1. We thought that with the two orders passed by this Court one dated 7.4.1997 and the other 30.3.1998 there would be no more controversy between the prospective allottees (who are the petitioners in all these interlocutory applications) and the Land Developer (who is also styled as 'colonizer' or 'owner' etc.). When the prospective allottees were on the threshold of realising their dream of getting possession of the plots applied for by them, they are confronted with a new situation as they got a letter addressed by the Land Developer dated 15.4.1998 requiring each of them to pay a total amount of Rs. 2,550/- per square yard (for the plots included in phase I) or Rs. 2,390/- per square yard (for the plots included in phase II). The said letter directed them to pay the amount after crediting the amount already remitted. On the receipt of the said letter the petitioners have approached this Court once again with the grievance that the said demand is in violation of the orders passe...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC924; JT2000(1)SC269; 2000(1)SCALE209; (2000)1SCC765; [2000]119STC10(SC); 2000(1)LC628(SC)
..... , the respondent, had issued notifications dated 8th january, 1990, 27th june, 1990 and 7th march, 1994 in exercise of powers conferred by section 8(5) of the central sales tax act. broadly, the effect of these notifications was to reduce the rate of sales tax payable by dealers having their place of business in that state in respect of inter-state .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2001(1)SC605; 2001(1)SCALE217; (2001)2SCC414
Syed Shah Mohammed Quadri, J.1. Leave is granted. 2. These two appeals are between the same parties and arise out of the proceedings relating to award of contract for handling loading and unloading operations in the appellants' Corporation. They can conveniently be disposed of together. 3. Civil Appeal No. 665 of 2001 @ S.L.P.(C) NO.15881 of 1999 is directed against the order of a Division Bench of the High Court of Kerala at Ernakulam in O.P.NO.19616 of 1999 dated September 20, 1999. Civil Appeal No.666 of 2001 @ S.L.P. (C)No.1476 of 2000 is directed against an interim order passed by a learned Single Judge of the High Court of Kerala at Ernakulam on December 3, 1999 in O.P. No.30284 of 1999 which is offshoot of the order impugned in the aforementioned Civil Appeal. 4. The facts giving rise to these appeals are as follows. 5. The appellants invited tenders for handling loading and unloading operations in the Kerala State Beverages (M & M) Corporation Liquor Godown in Valanjavattom, Ti...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC282; 20(1954)CLT250(SC); [1954]1SCR1005
..... by the learned counsel on both sides, it may be convenient to refer briefly to the scheme and the salient provisions of the act. 8. the object of the legislation, as indicated in the preamble, is to amend and consolidate the law relating to the administration and governance of hindu religious and charitable institutions and endowments in the state of madras. as ..... in their character and offended against article 15 of the constitution. as has been stated already, after the new act came into force, the petitioner was allowed to amend his petition and the attack was now directed against the constitutional validity of the new act which replaced the earlier legislation. 5. the learned judges, who heard the petition, went into the matter with .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC690; (1962)ILLJ637SC; [1962]3SCR328
..... clerk of the tehsil office, were prosecuted for offences under section 5(2) of the prevention of corruption act, 1947. the criminal law amendment act, 1952 (act xlvi of 1952), to which it will be convenient hereafter to refer as the act, required the trial to be held by a special judge appointed under it and in accordance with certain ..... provided that section 350 of the code applies to the proceedings before a special judge. on the amended act, therefore, the question that has arisen in this case, would no longer arise. for reasons to be hereafter stated, this amendment clearly does not govern the proceedings before s. jagjit singh and this case has to be decided ..... would be entitled to proceed on the evidence recorded by s. narinder singh in view of the amendment. whether he would be entitled to do so or not would depend on whether the amended act would apply to proceedings commenced before the amendment. it has to be noted that the impugned part of the proceedings was concluded before the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC957; 1993Supp(3)SCC129
..... jagdish chandra as well as the portion in which keshav chandra was entitled to remain in possession. this could be done only after the plaint had been amended and, therefore, without an amendment of the plaint, a decree for possession could not be passed in respect of the portion of house no. 52 in possession of jagdish chandra. as ..... may be found entitled to, the court directed the plaintiffs to recover possession on payment of the requisite court-fees. we agree with mr. dutta that if an amendment of the plaint had been asked for, it would have been more appropriate than the court exercising suo motu jurisdiction. but we are not inclined to agree that the ..... amended seeking a prayer for possession as well. for reasons best known that was not done. 11. supreme general films exchange v. brijnath singhji deo : [1976]1scr237 has no application at all. this is a case in which the declaration is sought with reference to title. such a case is governed only by section 42 of the specific relief act. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC142; 1987(27)ELT572(SC); (1987)1GLR430; [1987]165ITR6(SC); JT1986(1)SC801; 1986(2)SCALE750; (1987)1SCC31; [1987]1SCR185; 1987(64)SCT304(SC); [1987]64STC304(SC); 19
..... be, certain specified classes of sales and purchases described in the entries at serial nos. 1 to 52 in the schedule. the said notification was subsequently amended by another notification dated 11.11.1970 and a new entry, entry no. 53, was added in the schedule below entry at serial no. 52. the ..... terms of the notification.4. during the pendency of the petition, the state government issued another notification dated july 17, 1971 amending the explanation contained in the notification dated november 11, 1970. the amendment provided inter alia that 'new industry' shall not include 'any of the industries, whether so commissioned or not, mentioned in ..... government reached the conclusion that certain industries required to be excluded from the purview of the act'. as the oil mill commissioned by the appellants fell within the denotified industries the appellants obtained the leave of the court and amended their petition suitably in order to contend that the notification dated july 17, 1971 would .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IAD(SC)1098; AIR1996SC3360; JT1996(2)SC173; 1996(4)KarLJ651; 1996(2)SCALE82; (1996)3SCC600; [1996]2SCR308
..... 1) of section 4 as it stood from and after september 12, 1975. therefore, it was liable to be struck down.10. the parliament enacted amendment act 68 of 1984 prescribing the procedural steps in publication of the notification under section 4(1) and declaration under section 6 without prescribed time limit with consequences ..... 4. the respective contentions give rise to the question : whether the view of the high court is correct in law? the land acquisition (andhra pradesh amendment) act, 1976 was enacted with a view to accelerate the pace of acquisitions to provide house sites to the poor and to empower the collectors to issue notification ..... the high court, therefore, was not right in its quashing section 4(1) notification and section 6 declaration. it is also contended that the land acquisition (amendment) act (68 of 1984) provides procedure for publication of the notification in the gazette, newspapers and the local publication and limitation for publication of the declaration under section .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC1647; 2006(3)ALD61(SC); 2006(3)ALT50(SC); 2006(2)AWC1886(SC); [2006(3)JCR58(SC)]; JT2006(3)SC607; 2006(3)KLT192(SC); 2006(4)MhLj719; (2006)3MLJ70(SC); 2006MPLJ215(
..... merely because of some mistake, negligence, inadvertence or even infraction of the rules of procedure. the court always gives leave to amend the pleading of a party, unless it is satisfied that the party applying was acting malafide, or that by his blunder he had caused injury to his opponent which may not be compensated for by an order ..... to file the suit before the high court in the capacity of the beneficiaries of the trust and that the amended plaint is not alien and extraneous to the ambit and purview of sections 60 and 61 of the trusts act.15. we shall now consider the judgments cited by learned senior counsel for the appellants:-1. ganesh trading co ..... trust. the case which was sought to be made out in the proposed amendments was totally alien and extraneous to the ambit and purview of sections 60 and 61 of the trusts act. essentially, in the proposed amendments, the appellants seek an order for a material amendment and a complete re-writing of the instrument of the trust, which is .....
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