Court : Supreme Court of India
Reported in : AIR2001SC1560; JT2000(6)SC1; 1999(4)SCALE332; (2000)9SCC572
..... distress and damages during floods each year due to sedimentation and reduction of existing river channels' capacities, flattening of bed gradients, change in the already fragile river regime near the border of the two states and increased flood depths and durations and consequent distress every year.similar submissions are found at page 34 of the additional written statement filed by the ..... page 73 the stand of the state of maharashtra is stated as disclosed from the correspondence exchanged between the parties:(a) the level of krishna river near the maharashtra karnataka border is less than rl 519.00 m. compared to frl rl of 524.256 m. at almatti and frl rl 524.87 m. at hippargi, with the result there will .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC268; JT1993(5)SC497; (1993)4SCC441; [1993]Supp2SCR659
ORDERJ.S. Verma, J.(for himself and on behalf of Yogeshwar Dayal, G.N. Ray, Dr. A.S. Anand & S.P. Bharucha, JJ.) :1. By and Order dated October 26,1990 passed in Subhash Sharma and Ors. and Anr. Union of India (1990) 2 S.C.R. 433 and the matters connected therewith, the papers of Writ petition No. 1303 of 1987 - Supreme Court Advocates-on-Record Association and Anr. v. Union Of India were directed to be placed before the learned Chief Justice of India for constituting a Bench of nine Judges to examine the two question referred therein, namely, the position of the Chief Justice of India with reference to primacy, and justiciability of fixation of Judge strength. That Order was made since the referring Bench was of the opinion, that the correctness of the majority view in S.P. Gupta and Ors. etc. etc. v. Union of India and Ors. etc. etc. : [1982]2SCR365 , required reconsideration by a larger Bench. This is how these questions arise for decision by this Bench.2. The context in which the a...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644
..... symptoms of 'grave emergency' existed in sarawak at or before the time of the proclamation; that no disturbances, riots or strikes had occurred; that no extra troops or police had been placed on duty; that no curfew or other restrictions on movement had been found necessary and that the 'confrontation' with indonesia had already come to an end. ..... in recent years. a determined bid to storm the structure in october/november, 1990 resulted in some damage to the structure and loss of lives as a result of police firing. the central government was negotiating with various parties and organisations for a peaceful settlement of the issue. however, a new dimension was added to the campaign for ..... we may now examine the principles of judicial review evolved in the field of administrative law. as has been stated by lord brightman in chief constable of the north wales police v. evans [1982] 3 all er 141, 'judicial review, as the words imply, is not an appeal from a decision, but a review of the manner in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC2677; (2005)4CompLJ283(SC); JT2005(2)SC8; (2005)4SCC649
..... accord with state direction, is subject to the federal constitutional norms that would apply to pubic officials discharging those same responsibilities. for example, deciding to cross the street when a police officer says you may is not such a 'public function;' but authoritatively deciding who is free to cross and who must stop is a 'public function' whether or not the ..... person entrusted under state law to perform that function wears a police uniform and is paid a salary from state revenues or wears civilian garb and serves as a volunteer crossing guard...'157. in the instant case, there does not exist any .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC3820; 2005CriLJ3950; 122(2005)DLT194(SC); (2005)11SCC600
..... warn-and record that fact about the right to silence. it was aptly and graphically said-'article 20(3) is not a paper tiger but a provision to police the police and to silence coerced crimination'. based on the observations in nadini satpathy's case, it is possible to agree that the constitutional guarantee under article 22(1) only ..... to the government and the people is much more reflective of the intention to wage war rather than an attack launched against a battalion of armed men guarding the border or vital installations. another point urged by mr. ram jethmalani is that no violence or even military operations can become war unless it is formally declared to ..... .c. or not. we are not prepared to attach any weight or credibility to the statements made in the course of such interview pre-arranged by the police. the police officials in their over- zealousness arranged for a media interview which has evoked serious comments from the counsel about the manner in which publicity was sought to be .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC2187; (1989)1CompLJ105(SC); JT1988(3)SC787; 1988(2)SCALE1574; 1989Supp(1)SCC504; [1988]Supp2SCR690; 1988(2)LC680(SC)
..... ' by describing it as the loftiest mountain on earth surface located on the north of the country. the himalayan ranges apart from operating as a natural seal on the northern border against intruders, have influenced the climate, culture, ecology and environment of the sub continent. these are the ranges from where originate several perennial rivers like the ganges and the yamuna .....
Tag this Judgment!Court : Supreme Court of India
M.Y. Eqbal, J.1. Leave granted.2. This appeal is directed against the order passed by the division bench of the High Court of Delhi in FAO No. 295 of 2008 affirming the order of the Single Judge and rejecting the petition filed by the appellant under Order 1 Rule 10 of CPC for impleadment as defendants in a suit for specific performance of contract being Suit No. 3426 of 1991 filed by plaintiff-Respondent No.1.3. Although the case has a chequered history, the brief facts of the case can be summarized as under :-4. Mrs. Lakhbir Sawhney, Respondent No. 2 and son Mr. H.S. Sawhney, the predecessor of Respondent No. 3 (a) to (d) were the owners of the property known as “Ojha House” / “Sawhney Mansion”, F-Block, Connaught Place, New Delhi. (These respondents shall be referred as “the Sawhneys” for the sake of convenience). M/s Nanak Builders and Investors Pvt. Ltd., Respondent No.1 is the plaintiff in the Suit. The plaintiff-Respondent No.1 filed a suit in...
Tag this Judgment!Court : Supreme Court of India
Swatanter Kumar, J.1. Leave granted.2. The expanding need for international arbitration and divergent schools of thought, have provided new dimensions to the arbitration jurisprudence in the international field. The present case is an ideal example of invocation of arbitral reference in multiple, multi- party agreements with intrinsically interlinked causes of action, more so, where performance of ancillary agreements is substantially dependent upon effective execution of the principal agreement. The distinguished learned counsel appearing for the parties have raised critical questions of law relatable to the facts of the present case which in the opinion of the Court are as follows :(1) What is the ambit and scope of Section 45 of the Arbitration and Conciliation Act, 1996 (for short ‘the 1996 Act’)?(2) Whether the principles enunciated in the case of Sukanya Holdings Pvt. Ltd. v. Jayesh H. Pandya [(2003) 5 SCC 531], is the correct exposition of law?(3) Whether in a case w...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC2420; 1994(2)BLJR1147; 1994CriLJ3271; JT1994(4)SC309; 1994(3)SCALE197; 1995Supp(1)SCC80; [1994]Supp1SCR483; 1994(2)LC782(SC)
..... was staying in blue heaven hotel, ranchi. he met suresh bahri in the said hotel. after a few days gurbachan singh told the witness that the police inspector. chutia police station was searching suresh bahri in connection with murder of urshia and, therefore, gurbachan singh sent him to delhi to tell suresh about it. the witness ..... dead body under the hillock of khadgarha dumping ground was recorded but there is positive statement of rajeshwar singh, pw 59. station house officer of chutia police station who deposed that during the course of investigation gurbachan singh led him to khadgarha hillock along with an inspector rangnath singh and on pointing out the ..... his sister and her children and had visited the delhi house,business premises and ranchi house of the appellant suresh bahri and made reports to the chutia police station.75. thus on an overall independent consideration of the circumstantial and expert evidence as well as the evidence of the approver adduced by the prosecution and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2007(2)SC1; (2007)3SCC184
ORDER OF EXPULSION AND JUDICIAL REVIEW374. The history of relationship between Parliament and Courts at Westminister is also marked with conflict and controversy. Sir Erskine May rightly comments; 'After some three and a half centuries, the boundary between the competence of the law courts and the jurisdiction of the either House in matters of privilege is still not entirely determined'. According to the learned author, the earliest conflicts between Parliament and the Courts were about the relationship between the lex parliamenti and the common law of England. Both Houses argued that under the former, they alone were the judges of the extent and application of their own privileges, not examinable by any court or subject to any appeal. The courts, on the other hand, professed judicial ignorance of the lex parliamenti. After some time, however, they recognized it, but as a part of the Law of England and, therefore, wholly within the judicial notice. In the middle of the nineteenth centu...
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