Court : Supreme Court of India
Reported in : AIR1993SC477; [1992]Supp2SCR454; 1992DGLS(soft)768:1992Supp(3)SCC217
ORDER1. Judgment of The Chief Justice, M.N. Venkatachallah, A.M. Ahmadi and B.P. Jeevan Reddy, JJ. Delivered by B.P. Jeevan Reddy, J.B.P. Jeevan Reddy, J.Forty and three years ago was founded this republic with the fourfold objective of securing to its citizens justice, liberty, equality and fraternity. Statesmen of the highest order the like of which this country has not seen since - belonging to the fields of law, politics and public life came together to fashion the instrument of change - the Constitution of India. They did not rest content with evolving the framework of the State; they also pointed out the goal-and the methodology for reaching that goal. In the preamble, they spelt out the goal and in parts III and IV, they elaborated the methodology to be followed for reaching that goal.2. The Constituent Assembly, though elected on the basis of a limited franchise, was yet representative of all sections of society. Above all, it was composed of men of vision, conscious of the his...
Tag this Judgment!Court : Supreme Court of India
Reported in : II(2001)ACC316; 2001ACJ1735; AIR2001SC3218; 2003(2)AWC1486(SC); [2001(91)FLR705]; JT2001(6)SC431; (2001)IILLJ1559SC; 2001(5)SCALE286; (2001)8SCC197; (2001)3UPLBEC2268
Pattanaik, J.1. This writ petition was filed by the three petitioners, invoking the jurisdiction of this Court under Articles 21 and 32 of the Constitution of India for issuance of a writ of mandamus or any other writ or directions, ordering prosecution of the officers of the Tata Iron and Steel Company and their agents and servants, for the alleged negligence in organising the function, held on 3rd of March, 1989 in Jamshedpur and direct that appropriate compensation be provided to the victims by the State Government as well as the Company. It was also prayed that a writ or direction be issued to the State Government to provide security and safety of the families, as it is apprehended that the company may use its influence to harass the petitioners and their relations, who happen to be the victims of the circumstances. The petitioners had also prayed for a direction that legal assistance be given to the victims of the circumstances to pursue the cases before the criminal and civil cou...
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LADY HALE (with whom Lord Neuberger, Lord Mance, Lord Kerr and Lord Reed agree) 1. The issue in this case is whether a woman who has temporarily left work because of the late stages of pregnancy and early aftermath of childbirth is to be treated as a 'worker' for the purpose of the right of free movement enshrined in article 45 of the Treaty on the Functioning of the European Union (TFEU) and more specifically the right of residence conferred by Article 7 of Directive 2004/38/EC of the European Parliament and of the Council on the right of citizens of the Union and their family members to move and reside freely within the territory of the Member States (the Citizenship Directive). Upon this depends her entitlement to income support, a non-contributory, means-tested benefit. Under UK domestic law, a pregnant woman within 11 weeks of her expected date of confinement is not required to be available for, or actively to seek, work. However, a national of another EU state will be excluded as...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.9529 OF2017(ARISING OUT OF SPECIAL LEAVE PETITION (Civil) No.32599 OF2015 State of U.P. & Anr. etc. Appellants Versus Anand Kumar Yadav & Ors. etc. Respondents WITH (ARISING OUT OF SPECIAL LEAVE PETITION (Civil) Nos. 33328-33339 OF CIVIL APPEAL NOS.9531-9542 OF20172015) (ARISING OUT OF SPECIAL LEAVE PETITION (Civil) No.36019 OF2015 CIVIL APPEAL NO.9544 OF2017CIVIL APPEAL NO.9545 OF2017(ARISING OUT OF SPECIAL LEAVE PETITION (Civil) No.19097 OF2017 (ARISING OUT OF SPECIAL LEAVE PETITION (Civil) CCNo.1621 OF2016 (ARISING OUT OF SPECIAL LEAVE PETITION (Civil) No.34093 OF2015 CIVIL APPEAL NO.9557 OF2017(ARISING OUT OF SPECIAL LEAVE PETITION (Civil) No.36016 OF2015 CIVIL APPEAL NO.9576 OF2017(ARISING OUT OF SPECIAL LEAVE PETITION (Civil) No.36033 OF2015 CIVIL APPEAL NO.9571 OF2017(ARISING OUT OF SPECIAL LEAVE PETITION (Civil) No.36009 OF2015 CIVIL APPEAL NO.9574 OF2017(ARISING OUT OF SPECIAL LEAVE PETITIO...
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) No.76 OF2016NAVTEJ SINGH JOHAR & ORS. VERSUS UNION OF INDIA THR. SECRETARY MINISTRY OF LAW AND JUSTICE WITH Petitioner(s) Respondent(s) WRIT PETITION (CIVIL) No.572 OF2016WRIT PETITION (CRIMINAL) No.88 OF2018WRIT PETITION (CRIMINAL) No.100 OF2018WRIT PETITION (CRIMINAL) No.101 OF2018WRIT PETITION (CRIMINAL) No.121 OF2018JUDGMENT Dipak Misra, CJI (for himself and A.M. Khanwilkar, J.) C O N T E N T S S. No(s). Heading Page No(s) A. B. Introduction 3-11 The Reference 11-15 2 Submissions on behalf of the petitioners 15-30 Submissions on behalf of the respondents and other intervenors.. 31-44 Decisions in Naz Foundation and Suresh Koushal.... Other judicial pronouncements on Section 377 IPC ... The Constitution an organic charter of progressive rights Transformative constitutionalism and the rights of LGBT community. 45-48 48-57 57-64 65-74 Constitutional morality and Section 377 IPC. 74-81 P...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2705 OF2020(arising out of SLP (Civil) No.28548 of 2014) United India Insurance Co. Ltd. Appellant versus Satinder Kaur @ Satwinder Kaur & Ors. Respondents WITH CIVIL APPEAL NO.2706 OF2020(arising out of SLP (Civil) No.12520 of 2015) Satinder Kaur @ Satwinder Kaur & Ors. Appellants versus United India Insurance Co. Ltd. Respondent JUDGMENT INDU MALHOTRA, J.Leave granted. 1 1. The deceased Satpal Singh was residing in Doha, Qatar since 1984. The Employment Contract Form of the deceased dated 21.08.1984 revealed that he was engaged as a labourer initially for a period of one year on a salary of 750 Qatari Riyal p.m., and continued to live in Qatar where he was employed, till he passed away in a motor vehicle accident in India in 1998.2. Satpal Singh was visiting India in November, 1998. On 18.11.1998, he was riding a scooter, with his wife as the pillion rider, when he met with an accident with a Marut...
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1 Civil Appeal No.3707 of 2020 (Arising out of SLP(C)No.6841 of 2020) Ram Sharan Maurya and Ors. Vs. State of U.P. and others REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE/ORIGINAL/INHERENT JURISDICTION CIVIL APPEAL NO.3707 OF2020(Arising out of Special Leave Petition(Civil) No.6841 of 2020) Ram Sharan Maurya and others Appellants Versus State of U.P. and others Respondents WITH CIVIL APPEAL NO.3708 OF2020(Arising out of Special Leave Petition(Civil) No.6847 of 2020) WITH CIVIL APPEAL NO.3709 OF2020(Arising out of Special Leave Petition(Civil) No.7817 of 2020) WITH CONTEMPT PETITION (C) No.418 OF2020IN SPECIAL LEAVE PETITION(CIVIL) NO.6841 OF2020 2 Civil Appeal No.3707 of 2020 (Arising out of SLP(C)No.6841 of 2020) Ram Sharan Maurya and Ors. Vs. State of U.P. and others WITH CIVIL APPEAL NO.3710 OF2020(Arising out of Special Leave Petition(Civil) No.13741 of 2020) Diary No.12189 of 2020 WITH CIVIL APPEAL NO.3711 OF2020(Arising out of Special Leave Petition(Civil) No.13742 of...
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REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.730 OF2020(Arising out of SLP (Crl.) No.9503 of 2018) RAJNESH APPELLANT Versus NEHA & Anr. RESPONDENTS INDEX PART A Order passed in Criminal Appeal No.730 of 2020 PART B General Guidelines and Directions I. Issue of Overlapping Jurisdictions II. Payment of interim maintenance III. Criteria for determining quantum of maintenance IV. Date from which Maintenance to be awarded V. Enforcement of orders of maintenance VI. Final Directions 1 INDU MALHOTRA, J.PART A Leave granted. (i) The present Criminal Appeal arises out of an application for Interim Maintenance filed in a petition u/S. 125 Cr.P.C. by the Respondent-wife and minor son. The Respondent No.1-wife left the matrimonial home in January 2013, shortly after the birth of the son-Respondent No.2. On 02.09.2013, the wife filed an application for interim maintenance u/S. 125 Cr.P.C. on behalf of herself and the minor son. The Family Court vide a ...
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CA288789/2021 1 Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal Nos 2887-2889 of 2021 (Arising out of SLP (C) No 100 of 2014) Eastern Coalfields Limited Appellant(s) Versus Anadinath Banerjee (D) and Others Respondent(s) JUDGMENT Dr Dhananjaya Y Chandrachud, J1Leave granted. 2 These appeals arise from a judgment of a Division Bench of the High Court of Calcutta dated 9 September 2013, by which it affirmed the judgment of a Single Judge in a Letters Patent Appeal. 3 The issue is whether the respondent is entitled to employment by the appellant in lieu of the acquisition of lands. Eastern Coalfields Limited is a subsidiary of Coal India Limited and is a government company within the meaning of Section 617 of the erstwhile Companies Act 1956. An expansion scheme was proposed for the Sonepur Bazari Open Cast Project which is located in Raniganj Coalfield in West Bengal. A meeting took place between CA288789/2021 2 the representatives of the Company, perso...
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.OF /2022 ARISING OUT OF SLP(C) No.18571/2018 MUKESH KUMAR & ANR . APPELLANT(S) VERSUS THE UNION OF INDIA & ORS. RESPONDENT(S) JUDGMENT PAMIDIGHANTAM SRI NARASIMHA, J.Leave granted.2. The short issue arising for consideration, in this case, is whether the condition imposed by the Railway Board circular that compassionate appointment cannot be granted to children born from the second wife of a deceased employee is legally sustainable. Having considered the matter, we have agreed with the counsel for the appellant that the issue is covered by the judgment of this Court in Union of India v. V.R. Tripathi.1 We have allowed the appeal on this ground. We have also held that such a denial is discriminatory, being only on the ground of descent under Article 16(2) of the 1 Union of India v. V.R. Tripathi, (2019) 14 SCC646 Page 1 of 9 Constitution of India. We shall first refer to the facts of the case before ap...
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