Court : Supreme Court of India
Reported in : JT2003(9)SC218; 2003(10)SCALE1; (2004)9SCC512
..... 1,000,000, whichever is greater. the act applies to non-tank vessels over 400 gt which by definition covers self-propelled vessels including commercial fishing vessels, passenger and cargo vessels. barges are excluded, as are public vessels unless 'engaged in commerce'.the alaska department of environmental conservation (adec) have proposed draft regulations ..... the light of these propositions, i am satisfied that the plaintiffs bring their claims within section 20(2)(m). provisions for the passengers were 'necessaries' for the particular adventure on which this passenger vessel was engaged. the provision of services is capable of coming within the subsection and does so here, given the nature of ..... the services provided. i should mention that i was referred in addition to the river rima, [1988] 2 lloyd's rep. 193 (h.l.) and [1987] 2 lloyd's rep. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(6)ALD19(SC); 2008(4)AWC3875(SC); JT2008(9)SC622; RLW2008(4)SC2794; 2008(12)SCALE367; (2008)9SCC552; 2008(6)Supreme402
..... , part vii did not get attracted and the acquisition could not be held invalid [see also ajay krishan singhal v. union of india : air1996sc2677 ].136. in s.s. darshan v. state of karnataka and ors. : air1996sc671 , land was sought to be acquired under the act for public purpose, namely, for setting up information ..... for a `public purpose'; for instance, acquisition for construction of hospital or educational institution by a private individual or institution.77. in state of bombay v. r.s. nanji : [1956]1scr18 , land was requisitioned for accommodating employees of road transport corporation. it was contended that there was no `public purpose' and hence the ..... 42. nichols in his classic book `eminent domain' defines it (eminent domain) as 'the power of sovereign to take property for public use without the owner's consent'.43. another constitutional expert (cooley) in his treatise on the `constitutional limitations', states;more accurately, it is the rightful authority which must rest in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365
..... the kind was done and in that sense also there was no full and effective consultation which vitiates the impugned decision. in short in shri s.n. kumar's case it is quite clear that both these high constitutional functionaries, namely the union law minister and the delhi chief justice abdicated their constitutional ..... he forwarded to the delhi chief justice); secondly, the delhi chief justice did not forward 'further details' and 'concrete facts or materials' touching shri s.n. kumar's integrity to the chief justice of india in spite of the latter having specifically called for the same, and thirdly between them the union law minister ..... personal attention only' which contained 'further details and concrete materials' including references to specific cases (with suits numbers and titles) wherein according to him shri s.n. kumar's integrity had been doubted; and (e) the delhi chief justice had, both before and after the issuance of the aforesaid letter, during his discussions with the .....
Tag this Judgment!Court : Mumbai
Reported in : 2002(1)BomCR419
..... the equity sued for, and is not balanced by any mitigating factors. apart from these, the law has been set at rest by the supreme court in public passenger service ltd's case (supra), wherein it was observed - '... counsel then relied upon the well-known maxim of equity that 'he who comes into equity must come with clean ..... upon to consider the jurisdiction exercised by the company court under section 155 and the authorities cited at the bar including the judgment of the supreme court in public passenger services ltd's case (supra), and speaking for the court (y.k. sabharwal, j. as he then was) observed-'the object of section 155, in our view, is ..... of the supreme court because it is the submission of mr. chidambaram that whatever may have been the position in law, when public passenger services ltd's case (supra) was decided. ammonia supplies corporation (p.) ltd's case (supra), makes a departure and the law has undergone a change. we may, at the outset, notice that the earlier judgment .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(1)ALT754
..... clear variance with the law. illustrations by the full bench majority of an extremists killing in a village in the state or of arson of a passenger train by extremists' organization, are also non-sequitor, for reason alike.296. in pucl (8 supra) in manipur, a disturbed area with ..... public officials and private citizens who exercise decision making powers affecting for instance the life and liberties of others in circumstances such as citizen's arrest or private defense justifications to substantially similar standards of scrutiny. a police officer could claim immunity from investigatory process or in appropriate cases ..... points out that the statutory threat of punishment looks suspiciously like 'menacing', wiretapping like 'eavesdropping', entrapment like 'solicitation' (or even conspiracy), searching a suspect's house like 'trespass', searching or frisking the suspect herself like 'assault', arresting her like 'battery', seizing her property like larceny', a drug bust like 'possession .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC2045; (1986)88BOMLR260; 1986CriLJ1922; 1986(1)SCALE745; (1986)2SCC716; [1986]2SCR621
..... to contribute amounts to certain public charitable trusts recently established for the purpose of undertaking programmes of rural development in the rural areas of the konkan region. the managing director further reported that the trustees of the trusts were very eminent public personalities and the trusts had been issued certificate of ..... with the following inscription below the photograph: prime minister indira gandhi affixing her signature on the documents giving her consent to name the maharashtra government's trust for promoting talent in literature and fine arts as 'indira gandhi pratibha pratishthan' at raj bhavan on saturday. watching keenly is chief minister ..... have unmasked. corruption and repression-cousins in such situations-hijack developmental processes. and, in the long run, lagging national progress means ebb ing people's confidence in constitutional means to social justice. and so, to track down and give short shrift to these heavy-weight criminaloids who often mislead the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2008)7MLJ64(SC); 2008(10)SCALE567; (2008)9SCC243; 2009(1)SLJ1(SC); 2008AIRSCW6564; 2008(4)LH(SC)2993
..... % of fireman `c' scale rs.210-270 who are upgraded toscale rs.260-350 will remain designated as fireman `c' and utilizedas far as possible on mail, express and passenger trains. the furtheravenue of promotion of fireman `c' in scale rs.210-270 and rs.260-350 will remain unaltered.7. motormen on emu trains 50% on western railway and ..... as under:annexure-isubject: statement indicating restructuring of certain group `c' and`d' cadres on railways.no. pciii/84/upg/19, dated 25.6. 1985i loco running staff 1. passenger driver `a' all passenger train drivers `a' having(rs.550-700) a run of 250 kms. and above to beupgraded from driver `a' (rs.550-700)to driver `a' spl. (rs. ..... 40% on(rs.550-700) central, northern, eastern, southernand s.e. railways to be upgraded asdriver `a' spl. in scale rs.550-750.ii. traffic running staff 1. passenger guard `a' (i) all passenger train guards(rs.425-600) having a run of 250 kms.and above to be upgraded to guard `a .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (2005)198CTR(AP)136; [2005]276ITR225(AP)
..... right of the contractors welfare association questioning the recovery towards rock recovery a learned single judge in bhagyanagar contractors welfare association v. md. m. w. s. and s. b. : 2003(4)ald489 observed at para. 12 as hereunder :'lastly, i am of the considered view that bhagyanagar contractors welfare association is ..... or proof of, or a record of, legal documents; documents of ownership; travel documents; documents detailing government meetings were leaked to the press.'32. likewise, black's law dictionary with pronunciations, 6th edition, specifies :'document : an instrument on which is recorded, by means of letters, figures, or marks, the original, official ..... change by different judicial pronouncements. the under-noted decisions may be usefully referred to in this context :(1) dhronamraju satyanarayana v. n.t. rama rao : air1988ap144 ;(2) s.p. gupta v. union of india : [1982]2scr365 ;(3) k. ramadas shenoy v. chief officers, town municipal council, udipi : [1975]1scr680 ; and(4) .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC667; (1975)4SCC769
..... after may be shortly after the accident on hearing noise and commotion. amir singh says, when he reached the spot, the driver had already disappeared and the passengers had also got down from the truck and were on their wav to the polling station. the version of lakhu (who claims to have reached there simultaneously with ..... has not been firmly established. regarding this fact the infirm interested evidence of p. ws. 9, 10 and 33 remains uncorroborated from any independent source. ram singh's statement in regard to these facts does not find mention anywhere in the record of his proceedings. it was obviously a subsequent 'improvement' and not merely an embellishment. ..... view proceeds on the reasoning that this was a circumstance which could be within the special knowledge of the candidate only.115. the facts in dr. chenna reddy's case (1968) 40 elr 390 (supra) were materially different from the one before us. therefore, the observations therein are of no assistance in appreciating the evidence .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC3820; 2005CriLJ3950; 122(2005)DLT194(SC); (2005)11SCC600
..... the parties. agreement is essential. mere knowledge, or even discussion, of the plan is not, per se enough'this passage brings out the legal position succinctly.in nalini's case, s.s.m. quadri, j, pointed out that the meeting of minds of two or more persons for doing an illegal act or an act by illegal means is a sine ..... one of the conspirators need not take active part in the commission of each and every one of the conspiratorial acts.in the case of state v. nalini : 1999crilj3124, s.s.m. quadri, j, after a survey of case law made the following pertinent observations: (at paragraph 662)'in reaching the stage of meeting of minds, two or more ..... piece of evidence. wadhwa, j, held that the confession of an accused serves as a substantive evidence against himself as well as against the co-accused, abettor or conspirator. s.s.m. quadri, j, broadly agreed with the view taken by wadhwa, j. the following observations made by the learned judge reflect his view-point: 'on the language of .....
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