Court : Supreme Court of India
Reported in : AIR1992SC2279; JT1992(5)SC335; 1992(2)SCALE403; (1993)1SCC22; [1992]Supp1SCR349
ORDERYogeshwar Dayal, J.1. This appeal has been preferred against the Full Bench decision of the Delhi High Court dated 1st February, 1991. Leila Seth and V.B. Bansal, JJ. agreed with Nag, J. that the condition of deposit of tax amount under Section 170(b) of the Delhi Municipal Corporation Act, 1957 (hereinafter referred to as 'the Act') is a condition precedent for hearing or determination of the appeal and the District Judge had no discretion to grant stay of the disputed amount or dispense with the requirement of pre-deposit of the amount in appeal, with or without conditions, in the office of the Corporation. They also agreed as to the amount which was to be so deposited. The difference of opinion was only restricted to the vires of Section 170(b) of the Act. The majority of learned Judges took the view that Section 170(b) of the Act is not ultra vires the Constitution but Nag. J. took the view that Sub-section (b) of Section 170 is violative of Article 14 of the Constitution of I...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1993(1)ARBLR386(SC); 1993(41)BLJR543; [1995]212ITR592(SC); JT1993(1)SC278; (1993)1MLJ41(SC); 1993(1)SCALE141; (1993)1SCC589; [1993]1SCR58
1. The four appellants and respondents 1 and 2 are brothers. They were carrying on business in partnership in the name and style of Messer's Sivalinga Nadar and Brothers and S.V.S'. Oil Mills, both partnerships being registered under Partnership Act, 1932. Most of the properties were acquired by the firm of Sivalinga Nadar and Brothers. The firm of Messer's S.V.S. Oil Mills merely had leasehold rights in the parcel of land belonging to the first-named firm on which the superstructure of the oil mill stood. Both the partnerships were of fixed durations. Disputes arose between the six brothers in regard to the business carried on in partnership in the aforesaid two names. For the resolution of these disputes the six brothers entered into an arbitration agreement dated 8th October, 1981, which was as under:We are carrying on business in partnership together with other partners under several partnership names. We are also holding shares and Managing the Public Limited Company, namely, The ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC4016; 2005(5)ALLMR(SC)353; (2004)3CompLJ199(SC); JT2004(4)SC181; 2004(3)SCALE396; (2004)12SCC118
..... level whether groundwater is extracted : no. status of environmental clearances : no clearance given. no environmental management plan. this mine is located very close to the delhi border (in close proximity to the asola sanctuary). epca members were shown two pits, which were not being worked currently. there was no groundwater exploitation seen in these ..... are with gram panchayat.'26. sensitivity of this region is further accentuated by its close proximity to the reserved forests of asola sanctuary located at the border of delhi and haryana and other ecologically sensitive areas like surajkund and badkhal lake.27. even in gurgaon, the cgwb report indicates that the ground water ..... in the cost of the product and there is need to limit the supply options. noticing that the aravalli range prevents the desert from spreading into indo-gangetic plains, it has been suggested that all future planning should not only concentrate to meet the ever growing demand of the products but due consideration .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC2826; JT2000(9)SC184; 2000(5)SCALE618; (2000)8SCC278; [2000]Supp2SCR440
S.B. Majmudar, J.1. I have gone through the erudite and exhaustive judgment prepared by learned Brother, U.C. Banerjee, J., in these appeals. I respectfully agree with the conclusion reached by him. However, as the matter at issue has wide repercussions regarding the scope and ambit or admiralty jurisdiction vested in the Chartered High Courts or their successor High Courts, like the High Court of Andhra Pradesh, I deem it fit to record my reasons for concurring with the decision arrived at by learned brother.2. At the outset, admitted and well-established facts deserve to be noted in order to appreciate the contours of controversy posed for our consideration. They can be enumerated as under:1. Respondent No. 2 before this Court has suffered a foreign decree passed by the High Court of Justice, Queen's Bench Division, Admiralty Court, England in monetary terms by way of damages for breach of contract for salvaging and towing the vessel 'M.V. AI Tabish' alleged to be. renamed as 'M.V. A...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2004(5)SC72; 2004(6)SCALE75; (2004)12SCC673
..... that the court may:-(a) issue directions to the union of india (defendant no.2) to carry out its obligations under the decree and for the purpose:-(i) nominate border roads organisation (bro) as the construction agency charged with the task of completing and making functional the syl canal as expeditiously as possible, and in any case within a period ..... which she claimed belonged to her. the respondent no. 3 allegedly disobeyed the order of interim injunction. the plaintiff in the second suit obtained the help of the local police to restrain the respondent no. 3 from removing the trees. the respondent no. 3 filed an application for execution of the decree obtained by him in his suit and ..... in the execution proceedings an order of attachment was passed in respect of the property of the local police officer under the provisions of order xxiii rule 32 of the code of civil procedure. this court set aside the order of the executing court on the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VIIAD(SC)65; AIR1997SC1493; 85(1998)CLT625(SC); JT1996(8)SC50; 1996(6)SCALE460; (1996)5SCC740; [1996]Supp5SCR465
ORDERB.P. Jeevan Reddy, J.1. Leave granted.2. Having voluntarily entered into contracts with the Government of Orissa, undertaking to lift a particular quantity of liquor every month and also to remit the monthly excise duty in two equal instalments on the fifth an fifteenth of the month, the respondents - licencees committed default on both counts and when the amount of excise duty is sought to be recovered from them, they have turned round and are contending that the said undertaking in the contract is not enforceable in law. They invoked the extra-ordinary jurisdiction of the High Court under Article 226 of the Constitution for the purpose. The High Court has upheld their contention. Hence, these appeals by the State of Orissa.3. The grant of excise licences in the State of Orissa is governed by the Bihar and Orissa Excise Act, 1915 (the Act) and the rules made thereunder. Section 22 provides for grant of exclusive privilege of sale of country liquor, whether wholesale or retail. Se...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VIIAD(SC)260; AIR1997SC506; [1996]87CompCas792(SC); JT1996(8)SC205; 1996(6)SCALE595; (1997)1SCC579; [1996]Supp6SCR1
ORDERS.B. Majumdar, J.1. Leave granted.2. By consent of learned advocate of parties this appeal was taken up for final hearing. We have heard the learned advocates of parties. The appeal is being disposed of by this judgment.3. This appeal by special leave arises out of the judgment and order of a Division Bench of High Court of Gujarat in Original Jurisdiction Appeal No. 16 of 1994 decided on 12 July 1996. The Division Bench by the said impugned judgment dismissed the appeal of the appellant and confirmed the order of the learned Single Judge in Company Petition No. 22 of 1994 and sanctioned a Scheme of Amalgamation of two Public Limited companies, namely Mafatlal Industries Limited ('MIL' for short) being the transferee-company with which Mafatlal Fine Spinning and Manufacturing Company Limited ('MFL' for short) being the transferor-company was to be amalgamated. The learned Single Judge granted requisite sanction to the applicant transferee-company MIL to amalgamate in it the transf...
Tag this Judgment!Court : Supreme Court of India
..... venue of custody must be disclosed etc. etc. this court further observed that non-observance of any of the directions issued therein would make the police personnel liable for departmental action and render them liable to be punished for contempt ofcourt and proceedings for contempt of court would be initiated in the ..... sideno. 48- notice in the matter of crl. miscellaneous contempt case no. 69/97betweenstate of u.p. ...applicantandramesh chandra and ors. ...opposite partysri lilidhar constable police station muradnagar,district ghaziabad. to, whereas the abovenamed applicant has represented to this court that you have committed contempt of court. and whereas the 31st day of ..... his report after recording evidence of the witnesses, particularly, the family members and friends of tej veer singh, and also hearing the appellants and other police officials. on the basis of the report submitted by the district judge, the habeas corpus petition was disposed of vide order dated 20.12.2001 presuming .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2000CriLJ2301; JT2000(5)SC575; 2000(4)SCALE8; (2000)6SCC269
..... can be found in recording of confession. 19. what persuaded the division bench to sideline the confession are the following reasons:1. the fourth accused balu joshi remained in police custody for a considerably long period and that circumstance is sufficient to view the confession with suspicion.2. the sub-jail, newasa (in which the accused was interred) ..... father pw 26, a rustic villager, wished to avert a post-marten examination on the remaining of his dear child and hence he did not choose to inform the police about recovery of the dead body.7. on 13.2.1995 another little male child by name deepak (who was then studying in the 2nd standard) was found ..... then caused announcements to be broadcast through loudspeakers fitted at the gram panchayat's office regarding the disappearance of the child. next day a complaint was lodged with the police. on the third day her dead body was recovered from the canal flowing through the locality. it was wrapped in a gunny bag made for urea storage. among .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3976; 1997(2)ALD(Cri)678; [1998]91CompCas1(SC); JT1997(8)SC392; 1997(6)SCALE374; (1998)1SCC133; [1997]Supp4SCR446
ORDERK. Venkataswami, J.1. These appeals arise out of a complaint filed by the appellant which was subsequently registered as Criminal Case No. 2627 89. Brief facts leading to the filing of these appeals are given below :-The appellant who was a General Secretary of Hind Mazdoor Kisan Panchayat to which Gujarat Mazdoor Panchayat, a recognised trade union of a limited company, originally known as M/s. Sayaji Mills Ltd, now known as Sayaji Industries Ltd, is affiliated. According to the appellant/complainant, respondents 1 & 2(hereinafter called the 'contesting respondents') have committed offences under Sections 120-B and 409 IPC read with Section 77 of the Companies Act. The contesting respondents are father and son. One Vadilal Lalbhai Mehta was the father of the first respondent Bipinbhai Vadilal^ Mehta. One Subhasbhai Vadilal Mehta was the brother of the first respondent. They entered into a memorandum of understanding on 30.1.1982 for dividing their properties. As per the said memo...
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