Court : Supreme Court of India
Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL/APPELLATE JURISDICTION Arbitration Petition (Civil) No.05 of 2022 Oil and Natural Gas Corporation Ltd. .... Petitioner Versus Afcons Gunanusa JV .... Respondent With Civil Appeal No 5880 of 2022 With Civil Appeal No 5879 of 2022 And With Miscellaneous Application Nos. 1990-1991 of 2019 in Special Leave Petition (Civil) Nos. 10021-10022 of 2017 1 JUDGMENT Dr Dhananjaya Y Chandrachud, J This judgment has been divided into sections to facilitate analysis. They are: A Factual Background .................................................................................... 5 A.1 Facts of Petition for Arbitration (Civil) No 5 of 2022 .............................. 5 A.2 Facts of Special Leave Petition (Civil) No 13426 of 2021 ................... 13 A.3 Facts of Special Leave Petition (Civil) No 10358 of 2020 ................... 17 A.4 Facts of Miscellaneous Application Nos 1990-1991 of 2019 .............. 19 B Submissions of Counsel ........
Tag this Judgment!Court : Supreme Court of India
..... mistreated prisoners. the focus of the first phase of pil in india was on exposure of repression by the agencies of the state, notably the police, prison, and other custodial authorities. these early pils were essentially constitutional tort actions which concerned allegations of violation of protected fundamental rights, as a ..... way imply that ordinary citizens who form the great mass of the citizenry of this country can shun responsibility for vitriolic, unnecessarily critical, diabolical speech, bordering on all those aspects mentioned under article 19 (2) either against public functionaries / figures or against other citizens in general or against particular individuals. ..... that various 90(2014) 9 scc73791(1970) 1 scc248119 fundamental rights contained in different articles are not mutually exclusive .87. if u.p. police regulations were challenged in kharak singh, identical regulations issued by the state of madhya pradesh were challenged in gobind vs. state of madhya pradesh92. though .....
Tag this Judgment!Court : Supreme Court of India
..... bring out the best in every person. the four varnas (occupational categories) are: - 1. bharama teachers, priests and intellectuals (priestly class) 2. kshatriyas warriors, police and administrators (administrative class) 3. vaishayas farmers, merchants, traders and businessman (mercantile and farmer class) 4. shudras artisans, workers and labour class (worker class) 61 ..... the identification of the beneficiary class under article 16(4). inadequate representation can be identified based on occupation, economic criterion, family income, political sufferers, border areas, backward areas, communities kept out of state services or any other means.213 the backward class must be culled out from the classes which ..... that even the non- caste british had to stop recruitment from the untouchable classes. in like manner, the untouchables are refused service in the police force. in a great many of the government offices it is impossible for an untouchable to get a place. even in the mills a distinction .....
Tag this Judgment!Court : Supreme Court of India
..... is irrational. we, therefore, allow the writ petition and direct the respondents to fix the scale of pay of the petitioner and the driver-constables of the delhi police force at least on a par with that of the drivers of the railway protection force. the scale of pay shall be effective from january 1, 1973, the date ..... the reason for giving them a lower scale of pay than others?. there is none. the only answer of the respondents is that the drivers of the delhi police force and the other drivers belong to different departments and that the principle of equal pay for equal work is not a principle which the courts may recognise and ..... classification though those drawing the different scales of pay do identical work under the same employer.9. there cannot be the slightest doubt that the drivers in the delhi police force perform the same functions and duties as other drivers in service of the delhi administration and the central government. if anything, by reason of their investiture with .....
Tag this Judgment!Court : Supreme Court of India
..... ) 3. illegal filling of two jalasaya in suit properties in contempt of the order of the hon ble high court (reports of tahsildar, cuttack municipal corporation and fir filed by police on complaint of tahsildar are annexed, relevant pages 17-20 of ia) 4. installation of 100 kw electric transformer on suit property after getting permission for different plot. (relevant page .....
Tag this Judgment!Court : Supreme Court of India
..... a bill for the consideration of the president (article 200). to the above example may be added the view of this court expressed in m.p. special police establishment.91. while explaining the examples given, the justice sarkaria commission also added that the governor may exercise his discretion independently of the council of ministers in dissolving ..... the state had been subjected to recurrent insurgencies from within, as also, from outside the country. it was also pointed out, that china which has a common border with the state of arunachal pradesh, is claiming a large part of the indian territory falling in the state. it was submitted, that article 371h recognizes the special ..... the state, which requires urgent and immediate redressal, keeping in mind that political stability is of utmost importance for the welfare of the people of this strategic border state. the attention of the raj bhavan has been drawn to the news item in one of the local dailies, the dawnlit post, with headline tuki led .....
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5875 OF1994KRISHNA KUMAR SINGH & ANR. .....APPELLANTS VERSUS STATE OF BIHAR & ORS. ....RESPONDENTS WITH CIVIL APPEAL NOS. 5876-5890 OF1994WITH WRIT PETITION (C) No.580 OF1995AND CIVIL APPEAL NOS. 3533-3595 OF1995JUDGMENT Madan B. Lokur, J.1. Having carefully read the erudite judgment prepared by brother Chandrachud, I regret my inability to agree that laying an Ordinance promulgated by the Governor of a State before the State Legislature is mandatory under Article 213(2) of the Constitution and the failure to lay an Ordinance before the State Legislature results in the Ordinance not having the force and effect as a law enacted and would be of no consequence whatsoever. In my opinion, it is not mandatory under Article 213(2) of the Constitution to lay an Ordinance before the Legislative Assembly of the State Legislature, nor would the failure to do so result in the Ordinance not having the force and ef...
Tag this Judgment!Court : Supreme Court of India
..... of taking possession that in the way the state take possession of large chunk of property acquired as state is not going to put other persons in possession or its police force or going to cultivate it or start residing 91 or physically occupy it after displacing who were physically in possession as in the case of certain private persons, in ..... been made that it was not possible to take possession of the entire land in a day, cannot be accepted. the state is not going to put their own persons/ police/ or other officials to possess the land. thus the mode of taking possession by drawing panchnama has been accepted in a large number of decisions, which appears to be the .....
Tag this Judgment!Court : Supreme Court of India
..... of vishnu having born at ayodhya forms an integral part of hindu religion which cannot be denied to be practised, observed and performed by them and refers to commissioner of police and others v. acharya jagadishwarananda avadhuta and another, (2004) 12 scc770(para9) and sri adi visheshwara of kashi vishwanath temple, varanasi (supra). in order to show 76 what constitutes public ..... of vishnu having born at ayodhya forms an integral part of hindu religion which cannot be denied to be practised, observed and performed by them and refers to commissioner of police & others v. acharya avadhuta& another, (2004) 12 scc770(para9) and sri adi visheshwara of kashi vishwanath temple, varanasi (supra). in order to show what constitutes public order under article 25 .....
Tag this Judgment!Court : Supreme Court of India
..... . krishnammal, the widow of rangaswami naidu was a party. this was on the basis 3 civil appeal nos.1021-1026 of2013 etc. of the report of the sub-inspector of police dated 04.07.1955 to the effect that there was a dispute regarding the possession of survey no.613/04 and 614/03 of uppilipalayam village. a party no.1 .....
Tag this Judgment!