Court : UK Supreme Court
LORD PHILLIPS Introduction Private Jason Smith joined the Territorial Army in 1992, when he was 21 years old. In June 2003 he was mobilised for service in Iraq. On 26 June 2003, after a brief spell in Kuwait for purposes of acclimatisation, he arrived at Camp Abu Naji, which was to be his base in Iraq. From there he was moved to an old athletics stadium some 12 kilometres away, where about 120 men were billeted. By August temperatures in the shade were exceeding 50 degrees centigrade. On 9 August he reported sick, saying that he could not stand the heat. Over the next few days he was employed on various duties off the base. On the evening of 13 August he was found collapsed outside the door of a room at the stadium. He was rushed by ambulance to the medical centre at Camp Abu Naji but died almost immediately of hyperthermia, or heat stroke. Private Smith's body was brought back to this country and an inquest was held. The inquest suffered from procedural shortcomings. His mother comme...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELALTE JURISDICTION CIVIL APPEAL NO.4912 OF2014(Arising out of SLP (Civil) 17701/2012) Jal Mahal Resorts P. Ltd. ..Appellant Versus K.P. Sharma & Ors. ..Respondents With CIVIL APPEAL NO.4913 OF2014(Arising out of SLP (Civil) 19239/2012) AND CIVIL APPEAL NO.4914 OF2014(Arising out of SLP (Civil) 19240/2012) JUDGMENT GYAN SUDHA MISRA, J.1. Leave granted.2. These appeals by way of special leave have been preferred against the common judgment and final order dated 17.5.2012 passed by the High Court of Judicature for Rajasthan at Jaipur Bench, Jaipur in three public interest litigation petitions filed by the petitioners K.P. Sharma, Dharohar Bachao Samiti, Rajasthan and Heritage Preservation Society respectively against the State of Rajasthan and the beneficiary of the project who was respondent No.7 in the High Court and is now the petitioner/appellant in Civil Appeal (arising out of SLP(c) No.17701/2012. The three petitions were D.B. C...
Tag this Judgment!Court : Delhi
IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on :02. 08.2019 Date of decision:07. 08.2019 W.P.(C) 10933/2018, CM APPL. 33734/2019, CM APPL.42590/2018, CM APPL. 33735/2019 DEEPANSHU BHADORIYA AND ORS. ........ Petitioners Through: Mr. Sidharth Gupta, Ms. Prerna Priyadarshini & Mr. Somay Kapoor, Advocates. versus MEDICAL COUNCIL OF INDIA AND ORS. ........ RESPONDENTS Through: Mr. T. Singhdev, Ms. Michelle, Ms.Puja Sarkar, Ms. Arunima, Ms.Sumangla & Mr. Tarun Verma, Advocates for MCI. Mr. Rahul Kaushik, Advocate for R- 2 & 3. Mr. Nishit Agrawal & Mr. Harsh Mishra, Advocates for R-4. Mr. Rakesh Kumar, CGSC with Mr. Raghav Nagar, Advocate for UOI. CORAM: HON'BLE MS. JUSTICE ANU MALHOTRA JUDGMENT ANU MALHOTRA, J.1. The petitioners namely Deepanshu Bhadoriya, Wadhwani Ashwin Ramesh, Aditi Pathak, Rahul Soni and Sneha Kumari participated in the W.P. (C) 10933/2018 Page 1 of 75 CBSE conducted NEET for UG medical courses in the year 2016 and state that they were eligible and qualifi...
Tag this Judgment!Court : Supreme Court of India
Civil Appeal Nos. 9845-9846 of 2016 etc. M/s. Indsil Hydro Power and Manganese Limited vs. State of Kerala and Ors. 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.9845-9846 OF2016M/S. INDSIL HYDRO POWER AND MANGANESE LIMITED APPELLANT VERSUS STATE OF KERALA AND OTHERS RESPONDENTS WITH CIVIL APPEAL NOS.9847-9850 OF2016JUDGMENT Uday Umesh Lalit, J.1. Civil Appeal Nos.9845-9846 of 2016 preferred by M/s Indsil Hydro Power and Manganese Limited (hereinafter referred to as INDSIL) and Civil Appeal Nos.9847-9850 of 2016 preferred by Carborundum Universal Limited (hereinafter referred to as CUMI) are directed against the common judgement and order dated 03.04.2014 passed by the Division Bench of the High Court1 1 The High Court of Kerala at Ernakulam. Civil Appeal Nos. 9845-9846 of 2016 etc. M/s. Indsil Hydro Power and Manganese Limited vs. State of Kerala and Ors. 2 allowing Writ Appeal Nos.1345 and 1355 of 2013 preferred by State of Kerala against IN...
Tag this Judgment!Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT
1. The Appellant No. 1 is a society registered under the Societies Registration Act, 1908, and all the private GSM Cellular Operators including the other Appellants herein, are the members of the said Association. Appellants No. 2 to 8 are companies registered under the Companies Act, 1956 and have been issued Licenses by the Central Government under Section 4 of the Indian Telegraph Act to establish, maintain and operate Cellular Mobile Telephone Services in their respective Service Areas.2. Respondent No. 1 is a Regulatory Authority established under Section 3 of the Telecom Regulatory Authority of India Act, 1997 as amended by the Telecom Regulatory Authority of India Act, 2000 (hereinafter referred to as `The Act') and charged with the performance of the functions enumerated under Section 11 of the Act.3. Respondent No. 2 is a Service Provider operating Cellular Mobile and Fixed Services across India except in Delhi Metro and Mumbai Metro.4. When the case came up for initial heari...
Tag this Judgment!Court : Central Electricity Regulatory Commission CERC
1. This petition has been filed by the petitioner, Neyveli Lignite Corporation Ltd. (NLC), a generating company owned and controlled by the Central Government for approval of tariff for its TPS-II, Stage-I (630 MW) and Stage-II (840 MW) (hereinafter referred to as "the generating station") for the period from 1.4.2004 to 31.3.2009 based on the Central Electricity Regulatory Commission (Terms and Conditions of Tariff) Regulations, 2004 (hereinafter referred to as "the 2004 regulations").2. The generating station consists of three generating units each with a capacity of 210 MW under Stage-I and four generating units each with a capacity of 210 MW under Stage-II. The dates of commercial operation of the units of the generating station of Stage-I and Stage-II are as follows: 3. The tariff for the generating station for the period 2001-04 was determined by the Commission on "Net Fixed Assets" basis by order dated 23.3.2007 in Petition No. 5/2002 as under: (Rs. in lakh) Particulars 2001-02...
Tag this Judgment!Court : SEBI Securities and Exchange Board of India or Securities Appellate Tribunal SAT
1. The Appellant is a member of the Uttar Pradesh Stock Exchange (UPSE) and registered with the Securities and Exchange Board of India ( the Respondent), as a stock broker, since 1992. Respondent is the statutory body established under the Securities and Exchange Board of India Act, 1992(the Act) mandated to protect the interests of investors in securities and to promote the development of, and to regulate the securities market for matters connected therewith or incidental thereto. Registering and regulating the working of stock brokers and sub brokers is one of the functions assigned to the Respondent. The Respondent has notified the Securities and Exchange Board of India (Stock Brokers and Sub-brokers )Regulations, 1992 (the Regulations) for registering and regulating the working of the stock brokers and sub-brokers. In terms of regulation 19 of the Regulations, the Respondent is empowered to appoint one or more persons as inspecting authority to undertake inspection of the books of...
Tag this Judgment!Court : Supreme Court of India
Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.10560 of 2013 Securities and Exchange Board of India ...Appellant VERSUS Pan Asia Advisors Ltd. & Anr. Respondents JUDGMENT Fakkir Mohamed Ibrahim Kalifulla, J.This appeal at the instance of the Securities and Exchange Board of India (hereinafter called SEBI) is directed against the majority judgment and final order dated 30.09.2013, passed by the Securities Appellate Tribunal, Mumbai, in Appeal No.126 of 2013. The short question that arises in this appeal relates to the jurisdiction of SEBI under the Securities and Exchange Board of India Act, 1992, (in short SEBI Act, 1992) to initiate proceedings against the respondents as Lead Managers to the Global Depository Receipts (in short GDRs) issued outside India based on investigations held by it and on its conclusion that in relation to transaction of sale/purchase of underlying shares released on redemption of GDRs in the securities market in India, th...
Tag this Judgment!Court : Appellate Tribunal for Electricity APTEL
H.L. Bajaj, Technical Member. This appeal challenges the order dated May 09, 2006 passed by the Central Electricity Regulatory Commission (CERC or the Commission in short) in petition No. 197/2004 read with Review Order dated February 05, 2007 in Review Petition No. 46 of 2006 passed by the Commission whereby the Commission has determined the tariff in respect of SALAL Hydro Electric Project of NHPC for the period from April 01, 2004 to March 31, 2009. 2. During the course of hearing before us counsel for the parties agreed that there are only two issues which need to be examined. In this regard our order dated December 10, 2008 is reproduced below: “So far as this appeal is concerned, as pointed out by the counsel for the parties there are two issues: (i) Has the Commission erred in coming to the conclusion that when depreciation recovered in a year is more than the amount of repayment during that year, the entire amount of depreciation is to be considered as repayment of lo...
Tag this Judgment!Court : Delhi
IN THE HIGH COURT OF DELHI AT NEW DELHI * + W.P.(C) No.6827/2019 and CM APPL. 28518- 28519/2019,28703-28704/2019, 29511/2019 and 30481- 30482/2019 Judgment reserved on :23. 07.2019 Date of decision :29. 7.2019 L.N. MEDICAL COLLEGE & RESEARCH CENTRE AND ANR Through: Mr.Siddharth R. Gupta and .....Petitioner Mr.Abhikalp Pratap Singh and Mr.Harsh Mishra, Advocates Mr.Saurabh Mishra, Adv for Intervenor in CM No.30481/2019 Mr.Rahul Kaushik, Adv for the State of Madhya Pradesh/R-3 and 4 versus UNION OF INDIA, MINISTRY OF HEALTH AND FAMILY WELFARE & ORS ........ RESPONDENTS Through: Ms.Maninder Acharya, ASG with Mr.Bhagwan Swarup Shukla, CGSC for UOI Mr.Vikas Singh, Sr. Advocate with Mr.T.Singhdev, Adv for R-2/MCI Mr.Rahul Kaushik, Adv for the State of Madhya Pradesh/R-3 and 4 And + W.P.(C) No.6828/2019 and CM APPL. 8520-28521/2019 and 28700-28701/2019 WP(C) 6827/2019 & 6828/2019 Page 1 of 86 CHIRAYU MEDICAL COLLEGE & HOSPITAL, & OTHERS ........ Petitioner Through: Mr.Siddharth R. Gupta and v...
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