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
Reported in : AIR1997SC1830; 1997(1)ALD(Cri)418; 1997(2)BLJR1741; 1997CriLJ1640; 1997(1)Crimes10(SC); I(1997)DMC161SC; JT1996(11)SC60; 1996(9)SCALE118; (1997)9SCC338; [1996]Supp9SCR752
..... as corroborated by the evidence of investigating officer clearly established the lesser charge against the accused under section 498-a of the ipc and even though the police had charge-sheeted the accused also under section 498-a the learned sessions judge had wrongly failed to frame this alternative charge against the accused. he, therefore ..... were examined in the case as prosecution witnesses had turned hostile and did not support the prosecution regarding what they were alleged to have stated in their police statements and to the complainant about the incident of quarrel that took place on the fateful night. he submitted that what the complainant deposed about the information ..... the neighbours, namely, shiv nath mahto, p.w.4, laxmi mahto, p.w. 3 and others, namely, birendra prasad etc. he also stated that in his police complaint he had also given the names of these witnesses who informed him accordingly, namely, ajay mittal, avdhesh prasad, shiv nath mahto, laxmi mahto and birendra prasad. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(4)AWC3241(SC); (2008)4MLJ551(SC); 2007(8)SCALE35; (2007)6SCC586
Markandey Katju, J. 1. Leave granted. 2. This appeal furnishes a typical instance of a widespread malady which has infected the judicial system in India, namely, the tendency in some courts of not exercising judicial restraint and crossing their limits by encroaching into the legislative or executive domain, contrary to the broad separation of powers envisaged under our Constitution. 3. Heard learned Counsel for the parties as well as Shri Amarendra Sharan, learned Additional Solicitor General and Shri M.N. Krishnamani, Sr. Advocate. 4. This appeal arises out of a writ petition filed in the Allahabad High Court in which the grievance of the writ petitioner was of charging excessive electricity bills by the U.P. State Electricity Board. In para 19 of the writ petition it was also mentioned that the petitioner had, before filing the writ petition, approached the District Consumer Forum, Chamoli but the same was not decided because the term of two members of the District Consumer Forum ha...
Tag this Judgment!Court : Supreme Court of India
..... same was also dismissed. 44. the appellate court, while dismissing the suit of surat singh, referred to the pleadings made in the plaint, that on 29-2-1992, police officials along with the officials of dda visited the site and proceeded to demolish inter alia the boundary wall of the disputed land. clearly, therefore, the cause of action ..... of kanungo and shri kulwant singh (pw-3), assistant zonal inspector. on behalf of the dda, prem chand (tehsildar) was examined as dw-1, constable prabhu singh of police station vasant kunj was examined as dw-2 and khem chand (patwari) as dw-3. 9. after considering the pleadings of the parties and evidence produced by them, the ..... jurisdiction of the corporation and the dda to take action for demolition of the structures, the officials went away with the threat that they will come again with the police force and demolish the same. paragraph 10 of the plaint and prayer (a), which have bearing on the decision of this appeal are reproduced below: 10. that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC2571; [2007(1)JCR251(SC)]; JT2006(5)SC352; 2006(5)SCALE273; (2006)11SCC356
..... d.s. guru, ias, principal secretary department of health & family welfare, punjab. - chairman.2. legal remembrancer, punjab - member.3. sh. s.m. sharma, ips, inspector general of police, (vigilance) punjab - member4. sh. s.s. rajput, ias, secretary to govt. of punjab, deptt. of personnel. member.the subject reference before the committee was:a total number of 1680 ..... , ignominy, dishonour, degradation and humiliation. perhaps, no one could have polluted the entire system in a greater measure. on 25.3.2002 an fir was registered at police station, mohali under section 7 read with section 13(2) of the prevention of corruption act, 1988 in relation to the trap organized in which r.s. sidhu ..... after obtaining approval of the high court on administrative side.66. it may be pertinent to mention that two firs were registered. fir no. 7 was registered at police station, mohali under section 7 read with section 13(2) of the prevention of corruption act, 1988 on 25.3.2002 and the fir no. 24 was .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1804; JT1993(2)SC1; 1993(1)SCALE489; 1994Supp(1)SCC324; [1993]1SCR891
..... the same in consultation with the government of sikkim. before sikkim joined india, buddhism was the state religion. the gazetteer 1864 of sikkim stated that 'lamas or tibetan buddhism is the state religion of sikkim'. the position continued till 1974 when the elections for constituent assembly were held. the case of the writ petitioner is ..... reasons would be upheld.71. we are of the view that the impugned provisions have been found in the wisdom of parliament necessary in the admission of strategic border-state into the union. the departures'are not such as to negate fundamental principles of democracy. we accordingly hold and answer contentions (b), (c) and (d ..... deemed to be the first assembly duly constituted under the said act.146. in order to give effect to the wishes of the people of sikkim for strengthening indo-sikkim cooperation and inter-relationship, the constitution of india was amended by the constitution (thirty-fifth amendment) act, 1974, as a result of which article 2 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(Supp.)Bom.C.R.925
P. Sathasivam, J.1. I have had the benefit of reading the erudite judgment of my learned Brother, Hon. B. Sudershan Reddy, J. I am unable to share the view expressed by him on some points and must respectfully dissent.2. Though the facts and provisions of the relevant law have been set out in the judgment prepared by B. Sudershan Reddy, J., keeping in view of the importance in the matter, I propose to refer all the details and deliver a separate judgment in the following terms:3. Leave granted.4. 'The people of the entire country have a stake in natural gas and its benefit has to be shared by the whole country.' - Association of Natural Gas and Ors. v. Union of India and Ors.: (2004) 4 SCC 489 (CB)5. Being aggrieved by the judgment and order of the Division Bench of the High Court of Bombay dated 15.06.2009 in Appeal No. 1 of 2008 in Company Application No. 1122 of 2006 and in Company Petition No. 731 of 2005, Reliance Natural Resources Ltd. (in short 'RNRL') has filed S.L.P.(C) Nos. 1...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IIIAD(SC)135; AIR1996SC1765; JT1996(3)SC482; 1996(2)SCALE911; (1996)9SCC548; [1996]3SCR543
ORDER1. This and connected writ petitions and transfer cases concerned the constitutionality of Sections 34, 35, 37, 39 and 144 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act (for short, the 'Act') abolishing hereditary rights of archaka, mirasidars, gamekars and other office-holders and servants like hereditary Karnam of Dwarka Thirumalai Temple in West Godavari District. The facts in Writ Petition No. 638/87 are sufficient for consideration of questions raised in this batch of cases.2. The petitioner is one of the Chief Priests (archaka) in an ancient and renowned Hindu temple at Thirumala Tirupathi known in entire south-Asia and abroad as Venkateswaraswamy temple and in north-India as Balaji temple in whose praise saint Annamacharya spent his life in singing devotional songs - a practice devolved by custom and usage from over a century. According to the petitioner, the office of archaka is succeeded from forefathers in accordance with the Vaikha...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC3404; 2003(1)ALLMR(SC)314; 2002(6)ALT8(SC); JT2002(7)SC339; (2003)1MLJ129(SC); 2002(7)SCALE95; (2002)8SCC182; [2002]SUPP2SCR555
Shah, J. CA Nos. 2555, 1320, 1351, 2192, 2218, 2622-2623, 3047, and 3053 of 1991:1. Short but important question involved in these matters is-- whether the 'assent' given by the President under Article 254(2) of the Constitution of India with regard to the repugnancy of the State legislation and the earlier law made by the Parliament or the existing law could only be qua the 'assent' sought by the State with regard to repugnancy of the laws mentioned in the submission made to the President for his consideration before grant of assent? Or would it prevail qua other laws for which no assent was sought?2. The contention is, once the President grants the 'assent' to the State legislation, the State law would prevail on the said subject and such 'assent' would be deemed to be an assent qua all earlier enactments made by the Parliament on the subject.3. This contention is negatived for the reasons recorded hereinafter. It is held that consideration by the President and his assent under Artic...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC212; (2006)1GLR294; [2006(2)JCR272(SC)]; JT2005(12)SC580; RLW2006(1)SC705; 2005(8)SCALE661; (2005)8SCC534; 2006(1)LC240(SC)
R.C. Lahoti, C.J. 1. Section 2 of the Bombay Animal Preservation (Gujarat Amendment) Act, 1994 (Gujarat Act No. 4 of 1994) which introduced certain amendments in Section 5 of the Bombay Animal Preservation Act, 1954 (as applicable to the State of Gujarat) has been struck down as ultra vires the Constitution by the High Court of Gujarat. These three sets of appeals by special leave have been filed thereagainst.A chain of events, legislative and judicial, lead to the impugned enactment. To appreciate the core issue arising for decision in these appeals and also the constitutional questions arising therein, it will be useful to set out the preceding events in their chronological order.PART - IBackdrop of EventsLegislative history leading to impugned enactment2. With a view to conserve the cattle wealth of the State of Bombay, the State Government enacted the Bombay Animal Preservation Act, 1948 and prohibited slaughter of animals which were useful for milch, breeding or agricultural purpo...
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