Court : Supreme Court of India
..... cannot reasonably be denied that there is no difference between these two sets of castes/groups/classes. to give an illustration, take two occupational groups viz., goldsmiths and vaddes (traditional stone-cutters in andhra pradesh) both 170 included within other backward classes. none can deny that goldsmiths are far less backward than vaddes. if both of them are grouped together and .....
Tag this Judgment!Court : Supreme Court of India
..... 13.5.10 .we are informed by the government of india that one state has levied mineral rights tax, approximately 300 percent of royalty on coal and lime-stone and 100 percent of royalty on other minerals. the union government, while conceding the states rights under entries 49 and 50 (subject to such limitation as may ..... natural resources ltd. (supra) [122]. 79 natural resources allocation, in re, special reference no.1 of 2012, (2012) 10 scc1[88]. 80 state of rajasthan v. gotan lime stone khanji udyog (p) ltd. (2016) 4 scc469[29].; orissa mining corporation ltd. v. ministry of environment & forests, (2013) 6 scc476[58].. 46 part e serious ecological ..... of minerals. uniformity in the terms and conditions of mining leases, rates of royalty, and in the policy approach towards conservation of minerals reduces indiscriminate exploitation 278 hind stone (supra) [10]. 279 see m c mehta v. kamal nath, (1997) 1 scc388131 part h of mineral resources and promotes mineral development. the fact that .....
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2024 INSC545REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL/APPELLATE/INHERENT JURISDICTION WRIT PETITION (CIVIL) NO.115 OF2004GENE CAMPAIGN & ANOTHER PETITIONERS VERSUS UNION OF INDIA & OTHERS RESPONDENTS WITH WRIT PETITION (CIVIL) NO.260 of 2005 WRIT PETITION (CIVIL) NO.840 OF2016CIVIL APPEAL NO.4086 OF2006CONTEMPT PETITION (CIVIL) NO.295 OF2007IN WRIT PETITION (CIVIL) NO.260 of 2005 CONTEMPT PETITION (CIVIL) NO.6 OF2016IN WRIT PETITION (CIVIL) NO.260 of 2005 Writ Petition (Civil) No.115 of 2004 Etc. Page 1 of 260 JUDGMENT NAGARATHNA, J Table of Contents Acronyms ............................................................................................................................ 4 Preface: ................................................................................................................................ 7 Birds eye view of the controversy: ............................................................................. 9 Pleadings: ............................
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Reportable 2024 INSC161IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION Criminal Appeal No.451 of 2019 Sita Soren Appellant Versus Union of India Respondent Page 1 of 135 JUDGMENT Dr Dhananjaya Y Chandrachud, CJI Table of Contents A. Reference 4 B. Overview of the judgment in PV Narasimha Rao 8 C. Submissions 14 D. Reconsidering PV Narasimha Rao does not violate the principle of stare decisis 22 E. History of parliamentary privilege in India 34 F. Purport of parliamentary privilege in India 44 I. Functional analysis 44 II. Parliamentary privilege as a collective right of the House 54 III. Necessity test to claim and exercise a privilege 60 G. Bribery is not protected by parliamentary privilege 65 I. Bribery is not in respect of anything said or any vote given 65 II. The Constitution envisions probity in public life 72 III. Courts and the House exercise parallel jurisdiction over allegations of bribery 76 Page 2 of 135 IV. Delivery of results is irrelevant to the offence of...
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Reportable 2023 INSC1058IN THE SUPREME COURT OF INDIA ORIGINAL WRIT / APPELLATE JURISDICTION Writ Petition (Civil) No.1099 of 2019 IN RE: ARTICLE370OF THE CONSTITUTION With Writ Petition (C) No.871 of 2015 With Writ Petition (C) No.722 of 2014 With SLP (C) No.19618 of 2017 With Writ Petition (C) No.1013 of 2019 With Writ Petition (C) No.1082 of 2019 With Writ Petition (C) No.1068 of 2019 1 With Writ Petition (C) No.1037 of 2019 With Writ Petition (C) No.1062 of 2019 With Writ Petition (C) No.1070 of 2019 With Writ Petition (C) No.1104 of 2019 With Writ Petition (C) No.1165 of 2019 With Writ Petition (C) No.1210 of 2019 With Writ Petition (C) No.1222 of 2019 With Writ Petition (C) No.396 of 2017 With Writ Petition (C) No.756 of 2017 With Writ Petition (C) No.398 pf 2018 With 2 Writ Petition (C) No.924 of 2018 With Writ Petition (C) No.1092 of 2018 With Writ Petition (C) No.1162 of 2018 With Writ Petition (C) No.1048 of 2019 With Writ Petition (C) No.1268 of 2019 And With Writ Petition (...
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Reportable 2023 INSC920IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION Writ Petition (Civil) No.1011 of 2022 Supriyo @ Supriya Chakraborty & Anr. Petitioners Versus Union of India Respondent With Writ Petition (Civil) No.93 of 2023 With T. C. (Civil) No.5 of 2023 With T. C. (Civil) No.8 of 2023 With T. C. (Civil) No.9 of 2023 With T. C. (Civil) No.11 of 2023 With T. C. (Civil) No.12 of 2023 With Writ Petition (Civil) No.1020 of 2022 With Writ Petition (Civil) No.1105 of 2022 With Writ Petition (Civil) No.1141 of 2022 1 With Writ Petition (Civil) No.1142 of 2022 With Writ Petition (Civil) No.1150 of 2022 With Writ Petition (Civil) No.159 of 2023 With Writ Petition (Civil) No.129 of 2023 With Writ Petition (Civil) No.260 of 2023 With T. C. (Civil) No.6 of 2023 With Writ Petition (Civil) No.319 of 2023 With T. C. (Civil) No.7 of 2023 With T. C. (Civil) No.10 of 2023 With T. C. (Civil) No.13 of 2023 And with Writ Petition (Civil) No.478 of 2023 2 JUDGMENT Dr Dhananjaya Y Chandrac...
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..... the validity of executive action and, under our constitution, even judges the validity of the legislation itself. the question would arise as to whether the powers/functions are cast in stone or whether the 15 air1967sc164316(1984) 3 scc161116 aforesaid powers/functions can legitimately be exercised/discharged by the other organs. we may in this regard again advert to what this ..... in the constitution bench decision in manoj narula v. union of india,46 which held: in the beginning, we have emphasized on the concept of democracy which is the corner stone of the constitution. there are certain features absence of which can erode the fundamental values of democracy. one of them is holding of free and fair election by adult franchise .....
Tag this Judgment!Court : Supreme Court of India
..... absurd situation would arise if two inconsistent laws, each of equal validity, could exist side by side within the same territory. [salmond jurisprudence , p.32].88. stone j.of the american supreme court in united states v. patrick b. classic [1941 scc online us sc112313 us299(1941)]. expressed the : important principle of constitutional ..... fundamentally wrong in singling out an economic criterion for reservation?. is it that they do not belong to a homogenous 51 group?. is it cast in stone that they (beneficiaries of reservation) should belong to homogenous group?. why cannot economic criterion be a ground for the state s affirmative action?.65. the ..... and more backward on the basis of their relative social backwardness. we had also given the illustration of two occupational groups, viz., goldsmiths and vaddes (traditional stone-cutters in andhra pradesh); both are included within other backward classes . if these two groups are lumped together and a common reservation is made, the .....
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1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4502 OF2009ALL KERALA DISTRIBUTORS ASSOCIATION, KOTTAYAM UNIT, REPRESENTED BY ITS SECRETARY APPELLANT(S) VERSUS THE STATE OF KERALA & ANR. RESPONDENT(S) WITH CIVIL APPEAL No.878 OF2010CIVIL APPEAL No.879 OF2010JUDGMENT A.M. KHANWILKAR, J.1. These appeals involve challenge to the constitutional validity of sub-sections (7) and (8) of Section 4 [introduced by way of the Kerala Motor Vehicles Taxation (Amendment) Act, 20051 in the Kerala 1 for short, the Amendment Act 2 Motor Vehicles Taxation Act, 19762]., Section 15 of the 1976 Act and Section 8A of the Kerala Motor Transport Workers Welfare Fund Act, 19853 inserted by Act 23 of 2005.2. The thrust of the challenge is on the ground that the State Legislature by way of stated amendments to the welfare legislation has effectively bootstrapped the obligation to make contribution to the workers welfare fund with the obligation to pay tax for operating mot...
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..... only done to give effect to the legislative intent by correcting faultiness of expression 194. he has relied on joint directors of mines safety vs. m/s tandur and nayandgi stone quarries (p) ltd.195 to contend that the word and was interpreted as or by the court to give effect to the legislative intent of the mines act, 1952196. (xxxix .....
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