Court : Delhi
$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI + MAC.A. 805/2010 % Judgment reserved on:25. h July, 2013 Judgment delivered on:4th October,2013 SANTOSH CHHABRA & ORS. Represented by: ..... Appellants Mr. Jatinder Advocate. Kamra, Versus ABHISHEK GUREJA & ORS. ..... Respondents Represented by: Ms.Shantha Devi Raman, Advocate for Respondent No.3/Insurance Company. CORAM: HON'BLE MR. JUSTICE SURESH KAIT SURESH KAIT, J.1. The instant appeal has been preferred against the impugned award dated 26.07.2010, whereby, ld. Tribunal has granted compensation for a sum of Rs.29,31,837/- with interest @ 7.5% per annum from the date of filing of the petition till the date of realization.2. While granting the aforesaid compensation, ld. Tribunal has directed respondent No.2, insured / owner of the offending vehicle to pay the compensation and has exonerated the Insurance Company from any liability.3. Ld. Counsel appearing on behalf of the appellant has argued only one ground that the deceased Yashpal Chh...
Tag this Judgment!Court : Mumbai
Reported in : (1958)60BOMLR69
Mudholkar, J.1. This order will govern Miscellaneous Petitions Nos. 512 of 1955, 75 of 1956 and 105 of 1956.2. The common question involved in all these petitions tinder Article 226 of the Constitution is whether an order made by a revenue officer rejecting an application of an ex-proprietor made under Rule 1 of the Rules for the reservation of land to ex-proprietors recorded as Bir, Chhota ghas, etc. vesting in the State, framed under Section 91(1) of the Madhya Pradesh Abolition of Proprietary Rights Act, 1950, is appealable before the Board of Revenue under Section 84 of the Madhya Pradesh Abolition Act.3. In Gulab Bai v. State (1955) N.L.J. 624 the Madhya Pradesh Board of Revenue took the view that no appeal lay to it on the ground that the rules aforementioned could not have been framed under Section 91(1) of the Madhya Pradesh Abolition of Proprietary Eights Act, that they have no force of law but amount only to executive instructions and that, therefore, the order made under tho...
Tag this Judgment!Court : Himachal Pradesh
R.S. Pathak, C.J. 1. I regret I am unable to agree entirely with my brother D. B. Lal. The facts have been stated in his judgment and need not be repeated here.2. The first question is whether the landlord and tenant are bound in a proceeding for the fixation of fair rent under Section 4 of the East Punjab Urban Rent Restriction Act, 1949 (which for convenience I shall call 'the Act') by an earlier order of the Controller determining the fair rent in terms of a compromise between the same parties in respect of the same building.3. Section 4 of the Act provides for the fixation of the fair rent of a building by the Controller. Sub-section (1) provides that on application by the tenant or the landlord the Controller must fix the fair rent 'after holding such enquiry as the Controller thinks fit'. Sub-section (2) prescribes the scheme to be followed by the Controller. The scheme provides that he should first determine the basic rent. Two considerationsare laid down for that purpose; (a) t...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2006(6)ALT523; 2007(1)CTC97; AIR2007AP57; 2007(2)AIRKarR382(FB)
..... with the public conscious, with public good and public interest, declare such practice to be opposed public policy and that the courts have to bear in mind the principles contained in the preamble to the constitution of india. when the precedents are lacking, the court can always be guided by principles underlying the fundamental rights and directive principles enshrined in our constitution of india. the court, ..... appropriate declaration under section 34 of the specific relief act, read with article 59 of the schedule under the limitation act, 1963. the writ petition is not a proper remedy.89. following the decision in property association of baptist churches (1 supra), another learned single judge in karimnagar education society, karimnagar v. the district registrar, ..... main submissions, learned counsel placed reliance on muppudathi v. krishnaswami air 1960 madras 1 (fb.), komal chand v. state : air1966mp20 , state of kerala v. the cochin chemical refineries ltd. : [1968]3scr556 , hiralal agrawal v. rampadarath singh : [1969]1scr328 , jogi das v. fakir ..... it is not open to the judges to make a sort of referendum or hear evidence or conduct an inquiry as to the prevailing moral concept. such an extended extra-judicial enquiry is wholly outside the tradition of courts where the tendency is to 'trust the judge to be a typical representative of his day and generation'. our law-relies, on the implied insight of the judge on such matters. it is the judges themselves, assisted by the .....
Tag this Judgment!Court : Rajasthan
Reported in : 2005CriLJ4343; 2005(3)WLC1
Shiv Kumar Sharma, J.1. The appellant in this appeal impugns the judgment dated March 7, 2003 of the learned Additional Sessions Judge (Fast Track) Alwar in Sessions Case No. 25/2002 whereby the appellant has been decided and sentenced the appellant as under -Section 302, IPCTo suffer imprisonment for life and fine of Rs. 2000/-, in default to further suffer one year rigorous imprisonment.Section 498A, IPCTo suffer rigorous imprisonment for three years and fine of Rs. 2000/- in default to further suffer rigorous imprisonment for three months.The sentences were directed to run concurrently.2. In the dying declaration recorded by learned Judicial Magistrate No. 9 Jaipur, Mubina (deceased) stated that she was the wife of the appellant who did not like her and on the date of incident poured kerosene oil on her and set her ablaze. Thereafter he showered bucket of water on her burning body. Learned trial Judge after considering the material on record convicted and sentenced the appellant as ...
Tag this Judgment!Court : US Supreme Court
Steelworkers v. United States - 361 U.S. 39 (1959) U.S. Supreme Court Steelworkers v. United States, 361 U.S. 39 (1959) United Steelworkers of America v. United States No. 504 Argued November 3, 1959 Decided November 7, 1959 361 U.S. 39 CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT Syllabus Under 208 of the Labor Management Relations Act, 1947, the United States sued in a Federal District Court to enjoin the continuation of an industry-wide strike in the steel industry. After considering affidavits filed by the parties and finding that the strike had closed down a substantial part of the Nation's steel production capacity and that its continuation would "imperil the national health and safety," the District Court enjoined continuation of the strike. The Court of Appeals affirmed. Held: The judgment is sustained. Pp. 361 U. S. 40 -44. 1. Once it determined that the statutory conditions of breadth of involvement and peril to the national health ...
Tag this Judgment!Court : Guwahati
..... ' has, therefore, to be so construed as not to negate or nullify the existing constitutional practice. law must glow, informed by the 'spirit of inquiry and reform'. judges as citizens have a 'fundamental duty' imposed on them by article 51a(h) of the constitution to carry on tirelessly this timeless process. however, even if article 141 is to be considered an embodiment of the preexisting common law rule as to precedents ..... matter of life or liberty of the citizen guaranteed by article 21.22. it is for the central government to revoke or not the detention order in exercise of its discretionary power under section 14(1) of the act, on receipt of the report from the state government; but to borrow the words of lord pearce in padfield's case 1968 1 all er 694, the central government cannot 'throw it unread into the waste paper basket'. the report is intended to be considered with reasonable expedition; any delay in ..... test the validity of any decision on a point of law when questioned. this can be, and is, done as its decisions manifest reasons which are reexamined in the light of emerging social, economic and political norms to dispense the multidimensional justice envisaged by the preamble. when the court is satisfied of its error and its baneful effect on the general interests of the public, it does not hesitate to review its own decisions see, bengal immunity v. state : [1955]2scr603 . the term 'law .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1986AP162
ORDER1. In this Writ Petition the mother and son question the proposal made by the District Collector, Chittoor to acquire an extent of Ac. 0.56 cents of their land situated in Survey No. 467 of Bayyappagaripalla, Chittoor District. In the above Survey No. 467, the petitioners lands to an extent of Acs. 1-50 cents had been acquired once before in the year 1973 for the same purpose of providing house sites to the weaker sections. Now, once again, by the present proposals, the petitioners' land to an extent of Ac. 0-56 cents situated in the same Survey Number is sought to be acquired for providing house sites to the weaker sections. For the above purpose, the District Collector, Chittoor, had published Sec. 4 (1) notification in the District Gazette on 1310-1980 and according to the counter-affidavit filed by the Land Acquisition Officer, the substance of that notification under Sec. 4 (1) was published on 23-12-1980. Even before making of local publication and along with Sec. 4 (1) noti...
Tag this Judgment!Court : Supreme Court of India
IN THE SUPREME COURT OF INDIA REPORTABLE CIVIL ORIGINAL JURISDICTION W RIT PETITION (CIVIL ) N O . 114 of 2014 Common Cause .Petitioner versus Union of India and Ors. Respondents WITH WRIT PETITION (CIVIL) No.194 of 2014 Prafulla Samantra and Anr. .Petitioners versus Union of India and Ors. Respondents JUDGMENT Madan B. Lokur, J.1. The facts revealed during the hearing of these writ petitions filed under Article 32 of the Constitution suggest a mining scandal of enormous proportions and one involving megabucks. Lessees in the districts of W.P. (C) Nos. 114/2014 etc. Page 1 of 114 Keonjhar, Sundergarh and Mayurbhanj in Odisha have rapaciously mined iron ore and manganese ore, apparently destroyed the environment and forests and perhaps caused untold misery to the tribals in the area. However, to be fair to the lessees, they did the detail steps taken to ameliorate the hardships of the tribals, but it appears to us that their contribution is perhaps not more than a drop in the ocean als...
Tag this Judgment!Court : Karnataka
1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU R DATED THIS THE04H DAY OF JULY, 2023 BEFORE THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.531 OF2022BETWEEN: DR.ASHOK V., S/O G.M.VENKATESHAPPA AGED ABOUT42YEARS RESIDING AT RAMA GOVINDAPURA NANDAGUDI POST HOSAKOTE TALUK BENGALURU RURAL DISTRICT PIN 562 122. WORKING AS DISTRICT OFFICER OFFICE OF THE BACKWARD CLASSES WELFARE DEPARTMENT DC BUILDING CHIKKABALLAPURA DISTRICT 562 103. ... PETITIONER (BY SRI SANDESH J.CHOUTA, SR.ADVOCATE A/W SRI M.S.DEVARAJU, ADVOCATE) AND:1. . THE STATE BY HONBLE LOKAYUKTHA OF KARNATAKA M.S.BUILDING DR.B.R.AMBEDKAR VEEDHI BENGALURU 560 001. 2 2 . MR. SYED MALIK PASHA S/O LATE SYED DASTAGIR AGED ABOUT36YEARS RESIDING AT NO.5/92 GADWALPET CHINTAMANI 563 125 CHIKKABALLAPUR DISTRICT. ... RESPONDENTS (BY SRI B.B.PATIL, SPL.P.P FOR R-1; R-2 SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION482OF CR.P.C., PRAYING TO SET ASIDE / QUASH THE ORDER DATED0712.2021 PASSED BY THE PRL.DISTRICT AND SESSION...
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