Court : Supreme Court of India
..... in the second chamber. bicameralism can thus be understood as an antidote to the manipulative power of the convenor, or agenda setter, when faced with cycling preferences. 136 134 james madison, the federalist no.62 the senate, the federalist papers (1788), available at http://www.constitution.org/fed/federa62. ..... as an underpinning link with development. there is also a two-way relationship between development and social security (expansion of human capability). dreze and sen have dealt with this relationship in their following observation: growth generates resources with which public and private efforts can be systematically mobilized to expand education ..... liberties by authoritarian regimes and from imposed restrictions on the freedom to participate in the social, political and economic life of the community. in sen s analysis, human development is influenced by economic opportunities, political liberties, social powers, and the enabling conditions of good health, basic education, and .....
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.2845 of 2017 COAL INDIA LIMITED AND ANR. ...APPELLANT(S) VERSUS COMPETITION COMMISSION OF INDIA AND ANR...RESPONDENT(S) WITH CONTEMPT PETITION (C) No.896/2018 in C.A. No.2845/2017 T.C.(C) No.19/2023 T.C.(C) No.20/2023 T.C.(C) Nos.16-18/2023 T.C.(C) No.21/2023 JUDGMENT K.M. JOSEPH, J.1. The Civil Appeal is directed against the Order passed by the Competition Appellate Tribunal, New Delhi (hereinafter referred to as Tribunal), by which Order, the Tribunal affirmed the findings and conclusion recorded by the Competition Commission of India (hereinafter referred to as CCI) on various facets of abuse of dominant position. The abuse of dominant position was ascribed to the appellants. The appeal was dismissed. 12. The second respondent had provided information to the CCI which the CCI proceeded to consider and it found the abuse of dominant position by the appellants.3. The appellants have filed Interlocuto...
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REPORTABLE2024INSC623IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1659-1660 OF2024M/S. KARNATAKA EMTA COAL MINES LIMITED AND ANOTHER ..APPELLANTS Versus CENTRAL BUREAU OF INVESTIGATION ..RESPONDENT INDEX S. No.Details Paras No.Page No.1. A. PREFACE12 1 2. B. FACTUAL BACKDROP33.10.5 2 3. 3.1 Joint Venture Agreement 3.1.1 3.1.4 3-9 4. 3.2 Correspondence 3.2.1 3.2.3 9-13 5. 3.3 Fuel Supply Agreement 3.3.1-3.3.3 13-18 6. 3.4 Memorandum of Understanding 3.4.1 3.4.2 18-21 7. 3.5 Washability Report of the Central 3.5.1 21-22 Institute of Mining and Fuel Research, Nagpur 8. 3.6 Revised Mining Plan 3.6.1 3.6.2 22-23 9. 3.7 Information submitted by KECML to 3.7.1 3.7.2 23-25 the Coal Controller 10. 3.8 Audit Objection raised by the CAG38.1 3.8.3 25-29 11. 3.9 Preliminary Enquiry registered by 3.9.1 3.9.2 29-31 respondent CBI12 3.10 Litigation between KPCL and 3.10.1 -3.10.6 31-33 KECML13 C. SUBMISSIONS14 4. Arguments by Counsel for the 4.1 4.17 33-42 ...
Tag this Judgment!Court : Supreme Court of India
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.7064 OF2019(ARISING OUT OF SLP (C) NO.9599 OF2019 REPORTABLE Union of India & Anr. Appellants Versus Tarsem Singh & Ors. Respondents CIVIL APPEAL NO.7068 OF2019(ARISING OUT OF SLP (C) NO.10210 OF2019 CIVIL APPEAL NO.7065 OF2019(ARISING OUT OF SLP (C) NO.9600 OF2019 CIVIL APPEAL NO.7066 OF2019(ARISING OUT OF SLP (C) NO.9602 OF2019 CIVIL APPEAL NO.7067 OF2019(ARISING OUT OF SLP (C) NO.9604 OF2019 CIVIL APPEAL NO.7084 OF2019(ARISING OUT OF SLP (C) NO.15478 OF2019 CIVIL APPEAL NO.7086 OF2019(ARISING OUT OF SLP (C) NO.15482 OF2019 CIVIL APPEAL NO.7081 OF2019(ARISING OUT OF SLP (C) NO.15472 OF2019 CIVIL APPEAL NO.7079 OF2019(ARISING OUT OF SLP (C) NO.15470 OF2019 With With With With With With With With With With CIVIL APPEAL NO.7070-7071 OF2019(ARISING OUT OF SLP (C) NOS.15442-15443 OF2019 CIVIL APPEAL NO.7104 OF2019(ARISING OUT OF SLP (C) NO.21689 OF2019 (D.NO.18425 OF2019 1 CIVIL APPEAL NO.7101 OF2019(ARISING OUT ...
Tag this Judgment!Court : Supreme Court of India
..... wherein it was held: presidential assent and article 254(2) of the constitution 186 part h63 it is in this context, that the finding of this court in kaiser-i-hind (p) ltd. [(2002) 8 scc182 at para 65 becomes important to the effect that pointed attention of the president is required to be drawn to the repugnancy and the ..... of the expression law for the time being in force . in the decision of the constitution bench in 165 part h34sasanka sekhar maity vs union of india , justice ap sen construed the provisions of the second proviso to article 31-a(1) of the constitution and the expression any law for the time being in force . the argument was ..... drugs and formulations in particular was an occupied field by various control orders issued by the union government under section 3(1) of the essential commodities act 1955, justice ap sen, speaking for the three judge bench, rejected the arguments of the appellant that there was a repugnancy between sub-section (3) of section 5 which was relatable to .....
Tag this Judgment!Court : Supreme Court of India
..... had no training or background in law and yet they contributed in giving us a glorious constitution. one of the finest minds that we have today - professor amartya sen - has had no training or background in law and yet has given us the idea of justice an important contribution to jurisprudence, the idea of justice in an ..... aor ia102015 mr. ashish dixit, in person mr. gautam takuldar, aor for state of mp mr. ankur talwar, adv. mr. rohit bhat, adv. ms. prerna priyadarshini, adv. ms. suhasini sen, adv. mr. ankit kr., adv. for mr. mishra saurabh, adv. for state of mr. t.r. andhyarujina, sr. adv. maharashtra mr. mahaling pandarge, adv. mr. nishant kanteshwarkar, aor ..... 1959 that appointment of judges were virtually being made by the chief justice of india and the executive was only an order - issuing authority. (v) mr. ashok sen, the law minister reiterated in the parliament on november 25,1959 that almost all the appointments made to the supreme court and the high courts were made with the .....
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REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.1970 OF2014(@ out of SPECIAL LEAVE PETITION (CIVIL) NO.20625/2010) Dr. Suhas H. Pophale Appellant Versus Oriental Insurance Co. Ltd. and Its Estate Officer Respondents JUDGMENT H.L. Gokhale J.Leave granted.2. This appeal by special leave raises the question as to whether the rights of an occupant/licensee/ tenant protected under a State Rent Control Act (Bombay Rent Act, 1947 and its successor the Maharashtra Rent Control Act, 1999, in the instant case), could be adversely affected by application of the Public Premises (Eviction of Unauthorised Occupants) Act, 1971 (Public Premises Act for short)?. This question arises in the context of the eviction order dated 28.5.1993 passed by the respondent No.2, Estate Officer of the first respondent, invoking the provisions of the Public Premises Act with respect to the premises occupied by the appellant since 20.12.1972. The eviction order has been upheld by...
Tag this Judgment!Court : Supreme Court of India
..... quality issue is concerned with the fact that teacher qualifications and infrastructural facilities are often poorer in 45 (2006) 4 scc146 [ india development and participation by jean dreze and amartya sen]. civil appeal no of 2019 @ slp(c)no.20 of 2018 etc. 76 state of bihar and ors. vs. the bihar secondary teachers struggle committee, munger & ors. second-track schooling .....
Tag this Judgment!Court : US Supreme Court
..... 1 as protecting the privileges and immunities of citizens in the several states, harkening back to article iv, 2. see supra, at 28 29 (describing sen. howard s speech). these statements can be read to support the view that the privileges or immunities clause protects some or all the fundamental rights of citizens ..... to freedmen, and defined those privileges to include constitutional rights, such as the right to keep and bear arms. see 39th cong. globe 474 (remarks of sen. trumbull) (stating that the the late slaveholding states had enacted laws depriving persons of african descent of privileges which are essential to freemen, including prohibit[ing] ..... the fourteenth amendment unnecessary believed that blacks, as citizens, have equal right to protection, and to keep and bear arms for self-defense. id ., at 1073 (sen. james nye); see also foner 258 259.[ footnote 25 ] evidence from the period immediately following the ratification of the fourteenth amendment only confirms that the right to .....
Tag this Judgment!Court : Supreme Court of India
..... that the procedure is flawed, however, the petition itself is bereft of such averments. shri gupta submits that the constitution bench of this court in the case of ram kishore sen and others v. union of india and others49 has held that the burden of proof primarily lies on a person who complains that the procedure prescribed has not been followed .....
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