Court : Supreme Court of India
Reported in : 2000(2)ALD(Cri)686; 2000(3)ALLMR(SC)251; 2000(1)ALT(Cri)363; 2001(1)BLJR499; 2000CriLJ2433; II(2000)DMC1SC; JT2000(5)SC617; 2000(4)SCALE176; (2000)6SCC224; 2000(2)LC1113(SC
ORDERS. Saghir Ahmad, J.1. I respectfully agree with the views expressed by my esteemed Brother, Sethi, J., in the erudite judgment prepared by him, by which the Writ Petitions and the Review Petition are being disposed of finally. I, however, wish to add a few words of my own.2. Smt. Sushmita Ghosh, who is the wife of Shri G.C. Ghosh (Mohd. Karim Ghazi) filed a Writ Petition [W.P.(C) No. 509 of 1992] in this Court stating that she was married to Shri G.C. Ghosh in accordance with the Hindu rites on 10th May, 1984 and since then both of them were happily living at Delhi. The following paragraphs of the Writ Petition, which are relevant for this case, are quoted below.15. That around the 1st of April, 1992, the Respondent No. 3 told the petitioner that she should in her own interest agree to her divorce by mutual consent as he had any way taken to Islam so that he may remarry and in fact he had already fixed to marry one Miss Vanita Gupta resident of D-152 Preet Vihar, Delhi, a divorcee...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC428; (2005)199CTR(SC)320; [2005]279ITR310(SC); JT2005(5)SC639; (2005)12SCC717
Ruma Pal, J.1. The appellant has filed these appeals as the agent of its employees who are the assessees in the present case. The appellant itself is a company which was incorporated in Panama. It entered into a wet lease with the Oil and Natural Gas Commission (ONGC) under which the appellant agreed to supply oil rigs and the employees to man the rigs to enable ONGC to carry on offshore drilling within the territorial waters of this country. The appellant also entered into agreements (which were executed in the United Kingdom) with each of its employees who are residents of the United Kingdom. The schedule of work as specified in the agreements envisaged 35 days or 28 days work in a foreign location (in this case India) followed by 35 days or 28 days 'field break' in the United Kingdom (UK). 'Field break' was defined in the agreements to include, but was not limited to, undergoing training by attending classes at such places as may be specified, on the spot demonstration to update the...
Tag this Judgment!Court : Kerala
Reported in : AIR1996Ker241
Mohammed, J.1. The dispute in these writ petitions is between the Alleppey Municipality, Corporation of Calicut and Corporation of Cochin (hereinafter together called 'Municipal Corporations as the context may require) on the one hand and the Food Corporation of India (for short 'FCI') on the other. The central theme of the context relates to the levy of property taxes and service charges by the 'Municipal Corporations' under provisions of the Kerala Municipal Corporations Act, 1961 and the Kerala Municipaliaties Act, 1960 and the claim of exemption by th 'FCI' under Article 285(1) of the Constitution of India.2. The relevant facts involved in these cases are summarised here as below: O.P. No. 4653 of 1987 was filed by the FCI, Alleppey for a declaration that it is not liable to be assessed to any property tax or service charge under the provisions of the Kerala Municipalities Act, 1960. It also prayed for quashing Exts. P12(a),(b),(c), to (t), P13, P14, P16 and P17 bills and communica...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC1012; JT1994(6)SC182; 1996(7)KarLJ299; 1994(4)SCALE192; (1994)5SCC593; [1994]Supp3SCR405
ORDERS.C. Agrawal, J.1. By order dated December 17,1991, these matters have been referred to a larger bench to consider the correctness of the decision in Union of India and Anr. v. Zora Singh and Ors. : (1992)1SCC673 (decided by a bench of three Judges). In Zora Singh's case (supra), this Court has held that the payment of additional amount payable @ 12% per annum on the market value under Sub-section (1-A) inserted in Section 23 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the principal Act') by the Land Acquisition (Amendment) Act, 1984 (hereinafter referred to as 'the amending Act') is to be ordered in every case where the reference was pending before the reference court on the date of commencement of the amending Act even though the award of the Collector was made prior to April 13, 1992.2. In all these matters preliminary notification under Section 3(1) of Kerala Land Acquisition Act, 1961 was published on March 21, 1979 and the notification under Section 6 of t...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC724; 2003(2)ALLMR(SC)389; 2003(51)BLJR324; [2003(1)JCR105(SC)]; JT2002(9)SC200
Arijit Pasayat, J. 1. By destroying nature, environment, man is committing matricide,having in a way killed Mother Earth. Technological excellence, growth ofindustries, economical gains have led to depletion of natural resourcesirreversibly. Indifference to the grave consequences, lack of concern andforesight have contributed in large measures to the alarming position. In thecase at hand, the alleged victim is the flora and fauna in and aroundKudermukh National Park, a part of the Western Ghats. The forests in thearea are among 18 internationally recognized 'Hotspots' for bio-diversityconservation in the world. The I.A. 670 of 2001 was filed by Sri K.M.Chinnappa describing himself as trustee. Wildlife First. 2. The said I.A. 670 of 2001 is an offshoot of I.A. 548 filed by learnedAmicus Curiae questioning the correctness of orders issued by the States ofKarnataka and Uttar Pradesh respectively which according to him were inviolation of the provisions contained in the Wildlife (Protectio...
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR258; (2008)220CTR(Bom)649; [2009]311ITR46(Bom)
..... an agreement with the deductee, htil, in stipulation of future consideration of certain 'potential claims'. normally, in an agreement of this type, which are essentially cross border agreements, such liabilities are predetermined under the due diligence determination test and possibly that could been the reason why certain material agreements have been withheld from this hon ..... to file an application before the assessing officer under those provisions.175. in this behalf, the following observations of the hon'ble supreme court in the case of indo asahi glass company ltd. and anr. v. i.t.o. and ors. : [2002]254itr210(sc) , would be relevant:the aforesaid show-cause notice was ..... section.84. mr. parasaran also relied on the following decisions which would be relevant in support of the proposition that court would not interfere in these circumstances:a) indo asahi glass company ltd. and anr. v. ito and ors. : [2002]254itr210(sc) equivalent to 2002 (10) scc 444;the aforesaid show-cause notice was .....
Tag this Judgment!Court : Mumbai
Reported in : 1993(3)BomCR387; (1993)IILLJ568Bom
1. These are two writ petitions under Article 226 of the Constitution of India filed by the employer and the workmen respectively, challenging the Award of the National Industrial Tribunal dated April 8, 1991 made in reference No. NTP-2 of 1987. Since the two writ petitions are in the nature of cross-petitions, the parties shall, hereinafter, be referred to as they are arrayed in Writ Petition No. 2416 of 1991, in which the Petitioner is the employer, Respondent No. 1 is the Presiding Officer, National Industrial Tribunal, Bombay and Respondents 2 to 8 are Trade Unions/Associations representing the present and past workmen of the Petitioner Employer. 2. A Company Know as ICI(India) Pvt. Ltd. was incorporated some time in 1926. Between 1939 to 1961, three Indian subsidiaries, by name (1) Alkali and Chemicals Corporation of India Ltd., (2) Indian Explosives Ltd. and (3) Chemicals and Fibers of India Ltd., of the parent U.K. Company were set up in India. In 1982, the other subsidiary comp...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC2120; 1997(1)ALD(Cri)157; 1998(1)ALD(Cri)762; 1997(1)BLJR263; 1998CriLJ2930; 1998(3)SCALE53; (1998)4SCC626; [1998]2SCR870
..... in view of the special expertise that is necessary for this type of inquiry the committee of privileges do not provide an investigative machinery comparable to that of a police investigation. [para 310]136. the expression 'in respect of has to be construed in this perspective. the cases cited by shri rao do show that this ..... law. according to the salmon commission, the committee of privileges and the select committee on members' interests do not provide an investigative machinery comparable to that of a police investigation and that having regard to the complexity of most investigations into serious corruption special expertise is necessary for this type of inquiry. (para 310, pp. 98, 99 ..... judgement in ex parte wason, 1869 l.r.4 qbd 573. rigby wason moved the court of queen's bench for a rule to call upon a metropolitan police magistrate to show cause why he should not take on record the complaint of wason to prosecute earl russell, lord chelmsford and the lord chief baron for conspiracy. .....
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 : Delhi
Reported in : 2000IVAD(Delhi)342; 86(2000)DLT246
..... to compensate the victims. (see rudul sah, v. state of bihar, sebastian m. hongray v. union of india, saheli, a women's resources centre v. commissioner of police, delhi police headquarters, state of maharashtra v. ravikant s. patil). in nilabati behera v. state of orissa hon'ble mr. justice j.s. verma observed as under: (scc p ..... bihar, sebastian m. hongray v. union of india, bhim singh v. state of j & k, saheli; a women's resources centre v. commissioner of police, delhi police headquarters and state of maharashtra v. ravikant s. patil the liability of the state of orissa in the present case to pay the compensation cannot be doubted and was ..... he submitted that the petitioner have imp leaded a large number of authorities, including municipal corporation of delhi (respondent no. 4), delhi vidyut board (respondent no. 6), delhi police (respondent no. 3), delhi fire service (respondent no. 5) and medical services (respondent no. 8 & 9) and various members of the ansal family. he submitted that .....
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