Court : Supreme Court of India
reportable in the supreme court of india criminal appellate jurisdiction criminal appeal nos.824 825 of2020(arising from slp(criminal) nos.2640 2641/2020) jayant etc. appellants versus the state of madhya pradesh respondent with criminal appeal no.826 of2020(arising from slp(criminal) no.4549/2020) state of madhya pradesh appellant versus jayant respondent judgment m.r. shah, j.leave granted.2. feeling aggrieved and dissatisfied with the impugned common judgment and order dated 11.05.2020 passed by the 1 high court of madhya pradesh, bench at indore in m.cr.c no.49338/2019 and m.cr.c. no.49972/2019, the original petitioner as well as the state of madhya pradesh have preferred the present appeals. by the impugned common judgment and order, the high court has dismissed the aforesaid applications filed under section 482 cr.p.c. to quash the respective firs for the offences under sections 379 and 414, ipc, sections 4/21 of the mines & minerals (development & regulation) act, 1957 (hereinafter referred to as the mmdr act ) and under rule 18 of the m.p. minerals (prevention of illegal mining, transportation and storage) rules, 2006 (hereinafter referred to as the 2006 rules ).3. the facts in nutshell are as under: on a surprise inspection, the respective mining inspectors checked the tractor/trolleys of the private appellants along with the minor mineral (sand/storage/yellow soil etc.) loaded in them. they handed over the tractor/trolleys to the concerned police stations to keep .....
Tag this Judgment!Court : Supreme Court of India
reportable in the supreme court of india civil appellate jurisdiction civil appeal no.5132 of2019 the oriental insurance co. ltd. ...appellant(s) versus malana power company ltd. ...respondent(s) judgment r.subhash reddy, j.1. this civil appeal is filed by the appellant/the oriental insurance company limited, aggrieved by the order dated 28.02.2019 passed in o.p. no.53 of 2005, by the national consumer disputes redressal commission, new delhi. by the aforesaid order, the national commission has allowed the complaint filed by the respondent/complainant company and directed the appellant to pay a sum of rs.4,68,33,840/- towards the loss suffered by the respondent, in terms of insurance policy along with interest @ 6% 1 per annum from the date of filing the complaint till the date of payment.2. the respondent is a company which runs a hydro power project around malana nalah. the respondent was interested in securing an indemnity in respect of any shortfall that may take place in aggregate annual power generation at its hydro power plant due to failure of hydrology which depends upon vagaries of nature.3. for the year 2001-02, the respondent has obtained policies from m/s. iffco-tokio general insurance company. m/s.iffco-tokio general insurance company provided a package deal of the two insurance policies to the respondent. first one was industrial all risk insurance policy which covered material, damages due to fire and special perils, machinery breakdown, loss of profit etc., .....
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reportable in the supreme court of india civil appellate jurisdiction civil appeal no.11826 of2018haryana power purchase centre appellant(s) versus sasan power ltd & ors. respondent(s) with civil appeal no.11927 of2018civil appeal no.12190 of2018civil appeal no.1670 of2019civil appeal no.12232 of2018civil appeal no.1742 of2019judgment k. m. joseph, j.(1) the six appeals with which we are concerned have been filed under section 125 of the electricity act, 2003 (hereinafter referred to as act for 1 civil appeal no.11826 of2018etc. brevity). the appeals are directed against the order passed by the appellate tribunal for electricity (hereinafter referred to as tribunal for brevity) in an appeal carried by the first respondent under section 111 of the act. (2) the appeal before the tribunal, in turn, was lodged against the order passed by the central electricity regulatory commission (hereinafter referred to as commission for brevity). the commission passed the order purporting to be one under section 79(b) inter alia of the act in a petition filed by the first respondent. f a c t s (3) it was decided to set up an ultra mega power project. towards this end, the power finance corporation limited of india was to be the nodal agency. it incorporated a special purpose vehicle, which is the first respondent. the idea was to set up the ultra mega power project which would be operated by the successful bidder selected through 2 civil appeal no.11826 of2018etc. an international .....
Tag this Judgment!Court : Supreme Court of India
..... . opposite of that is a heterological word, i.e ..... an example of a heterological word is the word "long". ..... . the word is - is both autological and heterological ..... heterological words as indicated above are those which do not describe themselves or have the potential of developing into several forms or supporting multiple interpretations. ..... the word 'is'- is both autological and heterological. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1028; 1991(31)ECC351; 1991LC11(SC); 1991(51)ELT165(SC); JT1990(4)SC763; 1990(2)SCALE1109; 1991Supp(1)SCC125; [1990]Supp3SCR329; 1991(1)LC302(SC)
orderranganathan, j.1. these three appeals can be disposed of by a common order. the appellant is a manufacturer of pipes, tubes and poles made of iron and steel. these products are generally used by the telephone and telegraph departments of the government of india but can also be used for purposes of transmission and lighting. the question is whether these goods are liable to excise duty under item 26aa or under item 68, in the first schedule to the central excises & salt act, 1944(hereinafter referred to as 'the act').2. tariff item no. 26aa was introduced w.e.f. 24.4.1962 in the first schedule to the act. item 26aa reads thus:'description of goodsrate of duty 26aa. iron or steel products, the following namely : (i) semi-finished steel including blooms, billets,slabs, sheet bars, tin-bars and hoe bars.three hundred and fifty rupees(i-a) bars, rods, coils, wires, joists, girders, angles other than slotted angles, channels other than slotted channels, tees, fiats, beams, zeds, trough, pilling and all other rolled, forged or extruded shapes and sections not otherwise specified.three hundred and fifty rupees per metric tonne.(ii) plates and sheets (including uncoated plates and sheets intended for tinning, and forms such as ridges, channels, rain water pipes and their fittings made from plates or sheets but not including plates and sheets after tinning), and hoops all sorts other than skelp and strips.one thousand three hundred and fifty rupees per metric tonne.(iii) flats .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1992(6)SC273; 1993LabIC129; 1992Supp(3)SCC212; [1992]6SCR321
order1. 'equality of status and of opportunity...' the rubric chiselled in the luminous preamble of our vibrating and pulsating constitution radiates one of the avowed objectives in our sovereign, socialist and secular democratic republic. in every free country which has adopted a system of governance through democratic principles, the people have their fundamental inalienable rights and enjoy the recognition of inherent dignity and of equality analogous to the rights proclaimed in the 'bill of rights' in u.s.a., the 'rights of man' in the french constitution of 1971 and 'declaration of human rights' etc. our constitution is unquestionably unique in its character and assimilation having its notable aspirations contained in 'fundamental rights' (in part iii) through which the illumination of constitutional rights comes to us not through an artless window glass but refracted with the enhanced intensity and beauty by prismatic interpretation of the constitutional provisions dealing with equal distribution of justice in the social, political and economic spheres.2. though forty-five years from the commencement of the indian independence after the end of british paramount and forty-two years from the advent of our constitution have marched on, the tormenting enigma that often nags the people of india is whether the principle of 'equality of status and of opportunity' to be equally provided to all the citizens of our country from cradle to grave is satisfactorily consummated and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC1188; JT1992(2)SC491; 1992LabIC1136; 1992(1)SCALE775; (1992)2SCC728; [1992]2SCR459; 1992(3)SLJ7(SC)
n.m. kasliwal, j. 1. union of india and the home secretary chandigarh administration have filed this appeal by grant of special leave challenging the order of the central administrative tribunal, chandigarh dated march 3, 1988. the respondent, shri s.k. sharma was appointed initially as assistant professor on 24.9.1958 in the punjab engineering college chandigarh. he was promoted as associate professor on 23.10.1963. the respondent was then promoted as professor (junior scale) on temporary and ad hoc basis for a period of six months in the department of irrigation and hydraulics vide order dated 29.3.1969. the respondent was thereafter appointed as professor (junior scale) on regular basis through u.p.s.c. vide order dated 28.6.1969 on probation for a period of two years in the civil engineering department of the college. the respondent relinquished the earlier charge of professor (junior scale) of irrigation and hydraulics and assumed the charge of his new post with effect from the same date. however, since dr. s.s. sharma was holding the post of professor (junior scale) in the civil engineering department, the said post was not available to the respondent sh. s.k. sharma and as such the respondent was adjusted on ad hoc basis against the vacant post of professor (p.g. course) in the department of irrigation and hydraulics in his own grade. the above interim arrangement was made on ad hoc basis till such time any regular selected candidate by the u.p.s.c. joined the post of .....
Tag this Judgment!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 historic but difficult task of carving an egalitarian society from out of a bewildering mass of religions, communities, castes, races, languages, beliefs and practices. they knew their country well. they understood their society perfectly. they were aware of the historic injustices and inequities afflicting the society. they realised the imperative of redressing them by constitutional means, as early as possible - for the alternative was frightening. ignorance, illiteracy and above all, mass .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1994(1)ALT27(SC); 1994(48)ECC59; 1994LC349(SC); 1994(70)ELT3(SC); JT1994(1)SC545; 1994(1)SCALE281; (1994)2SCC428; [1994]1SCR499; [1994]95STC595(SC)
b.p. jeevan reddy, j.1. the question raised in this batch of appeals is whether the prestressed cement concrete poles manufactured by the appellant, andhra pradesh state electricity board, are 'goods' within the meaning of section 3 of the central excise and salt act, 1944. section 3 levies duties of excise 'on all excisable goods ... which are produced or manufactured in india'. the expression 'excisable goods' is defined in clause (b) of section 2. at the relevant time, the definition ran thus: 'excisable goods means goods specified in the schedule to this act as being subject to a duty of excise and includes sale'. the expression 'goods' is not defined. according to the learned counsel for the appellant, goods contemplated by section 3 and section 2(d) are those goods which are 'marketable' and inasmuch as the poles manufactured by the appellant are not marketable, they are not goods. it is the correctness of the said submission which we have to examine.2. the appellant-electricity board requires poles of different sizes, strength and dimensions for distributing electricity generated by it. the manufacture of these poles is actually done by the contractors under the direct supervision of the board. it is the board which supplies the requisite material like, cement, concrete and steel. in fact, one of the main contentions raised by the appellant before the customs, excise and gold (control) appellate tribunal (c.e.g.a.t.), besides the one urged in these appeals, was that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2003(90)ECC628; 1994(73)ELT769(SC); JT1994(6)SC80; 1994(4)SCALE122; 1994Supp(3)SCC606; [1994]Supp3SCR549
b.p. jeevan reddy, j.1. this appeal is preferred against the judgment and order of the customs, excise and gold (control) appellate tribunal, new delhi dismissing the appeal preferred by the appellant-manufacturer.2. the appellant is engaged in the manufacture of particle boards. it commenced the production in the year 1979. the first clearances were made in the march of that year. the appellant sought to take advantage of the exemption notification no. 55 of 1979 issued by the central government under rule 8(1) of the central excise rules, 1944. this notification exempted 'plywood and boards specified in column (2) of the table hereto annexed and falling under item no. 16-b of the first schedule to the central excise and salt act, 1944 (1 of 1944) from so much of the duty of excise leviable thereon as is in excess of the duty specified against the corresponding entry in column (3) of the said table.' the table appended to the said notification reads as follows:table ----------------------------------------------------------------------------- s.no. description rate of duty (1) (2) (3) ----------------------------------------------------------------------------- 1. commercial plywood twenty per cent ad valorem, ----------------------------------------------------------------------------- 2. batten boards and block boards twenty per cent ad valorem. (including flush doors) having both faces of commercial plywood and veneered shocks and panels made up of strips of woods fluid .....
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