Court : Supreme Court of India
Reported in : 2011(4)KLT137(SN)(C.No.147); 2011AIRSCW6418; 2012(1)LW593; AIR2012SC100; 2012(2)SCJ751
1. These appeals are filed against the judgment dated 24.4.2003 of a division bench of the Delhi High Court in the Uphaar Cinema tragedy. CA No.7114-15/2003 is by the Municipal Corporation of Delhi (for short `MCD'). CA No.7116/2003 is by the Licensing Authority (Commissioner of Police). CA No. 6748/2004 is by M/s.Ansal Theatre and Clubotels Pvt. Ltd., the owners of the Uphaar Cinema Theatre (for short the `theatre owner' or `Licensee). 2. These appeals relate to the fire at Uphaar Cinema Theatre in Green Park, South Delhi on 13.6.1997, resulting in the death of 59 patrons and injury to 103 patrons. During the matinee show of a newly released film on 13.6.1997, the patrons of the cinema hall which was full were engrossed in the film. Shortly after the interval, a transformer of Delhi Vidyut Board installed in the ground floor parking area of Uphaar Cinema, caught fire. The oil from the transformer leaked and found its way to the passage outside where many cars were parked. Tw...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2010(1)SC598; 2010(1)SCALE613
ORDER1. Leave granted.2. This appeal is directed against order dated 6.2.2009 passed by the learned Single Judge of the Punjab and Haryana High Court in Writ Petition No. 372 of 2001 whereby he modified the award passed by the Labour Court, Gurdaspur (for short, 'the Labour Court') in Reference No. 43 of 1996 and directed that in lieu of reinstatement with 50% back wages, the appellant herein shall be paid Rs. 87,582/- by way of compensation.3. The appellant was employed in the services of the Punjab State Warehousing Corporation (hereinafter described as 'the corporation') as work charge Motor Mate with effect from 5.3.1986. After seven months, the Executive Engineer of the corporation issued order dated 3.10.1986 whereby he appointed the appellant as Work Munshi in the pay scale of Rs. 350-525 for a period of three months. The same officer issued another order dated 5.2.1987 and appointed the appellant as Work Munshi in the pay scale of Rs. 400-600 for a period of three months. Thoug...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(56)BLJR1292; 2008(3)CTC97; [2008(3)JCR176(SC)]; JT2008(5)SC1; (2008)3MLJ1105(SC); 2008(5)SCALE1; (2008)6SCC1; 2008AIRSCW2899; 2008(3)Supreme331; 2008(2)LH(SC)1534
..... fat, so as to resemble milk or cream, transcended the power of congress to regulate inter state commerce or infringed the fifth amendment. justice harlan stone, writing the opinion for the court, upheld the law, holding that the existence of facts supporting the legislative judgment was to be presumed, for regulatory ..... meaning, everything which is logically relevant should be admissible. recently, an eminent indian jurist has reviewed the legal position and expressed his agreement with julius stone and justice frankfurter. of course, nobody suggests that such extrinsic materials should be decisive but they must be admissible. authorship and interpretation must mutually illumine and ..... of the rule that equals should be treated equally and unequals must be treated unequally if the doctrine of equality which is one of the corner-stone of our constitution is to be duly implemented. in order to do justice amongst unequals, the state has to resort to compensatory or protective discrimination. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3106; JT2006(8)SC293; 2006(6)KarLJ457; 2006(8)SCALE710; (2006)11SCC731
AR. Lakshmanan, J.1. Leave granted in both the special leave petitions.2. These appeals have raised substantial questions of law involving interpretation of certain provisions of the Karnataka Urban Water Supply and Drainage Board Act, 1973 (for short 'the Act') and the Rules made thereunder and also the principles of law governing the Writ of quo warranto and the power of the Government to make a contractual appointment under Section 4(2) of the Act.3. Civil Appeal No. _______ of 2006 (Arising out of SLP (C) No. 9393 of 2006)This appeal was filed by Mr. B. Srinivasa Reddy (hereinafter called Mr. Reddy) seeking leave to appeal against the final judgment and order dated 04.04.2006 passed by the High Court of Karnataka at Bangalore in Writ Appeal No. 86 of 2006. By the impugned order, the High Court dismissed the writ appeal filed by the appellant-herein against the order dated 10.01.2006 passed by a learned Judge of the said Court in Writ Petition No. 9852 of 2004 and has declared that ...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201
..... regulation of mines and the development of minerals to the extent hereinafter provided. "in the said act, "minor minerals" is defined as:"minor minerals" means building stones, gravel, ordinary clay, ordinarysand other than sand used for prescribed purposes, and any other mineralwhich the central government may, by notification in the official gazette,declare to ..... made in theconstitution whereby and whereunder a few entries in list ii which wereeither omitted or transferred to other lists also is a pointer to the saidfact.in florida lime and avocado growers v. charles paul [373 us 132 : 10law. ed. 2d 248], it is stated: "we have, then, a case where the federal ..... as in the bowel of the earth. there are landsconsisting of hills or hillocks where minerals like iron ore, manganese oreor where other minor minerals like stone-chips can be found; whereas thesurface may contain brick-earth or other minor minerals like sand etc.furthermore, the different minerals may be contained in different .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC645; (1997)3GLR2576; (1997)ILLJ1113SC; 1996(9)SCALE70; (1997)9SCC377; [1996]Supp9SCR579
ORDERK. Ramaswamy, J.1. Leave granted.2. These appeals by special leave arise from the judgment of the Division Bench of the Bombay High Court dated April 28, 1992 made in Appeal No. 146 of 1990 and batch. The facts in appeal arising out of S.L.P. 7417/92, are sufficient to decide the questions of law that have arisen in these appeals. The appellant initially was a statutory authority under international Airport Authority of India Act, 1971 (for short, 'IAAI Act') and on its repeal by the Airports Authority of India Act, 1994 was amalgamated with National Airport Authority (for short, the 'NAA') under single nomenclature, namely, IAAI. The IAAI is now reconstituted as a company under Companies Act, 1956.3. The appellants engaged, as contract labour, the respondent union's members, for sweeping, cleaning, dusting and watching of the buildings owned and occupied by the appellant. The Contract Labour (Regulation and Abolition) Act, 1970 (for short, the 'Act') regulates registration of the...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IIIAD(SC)135; AIR1996SC1765; JT1996(3)SC482; 1996(2)SCALE911; (1996)9SCC548; [1996]3SCR543
ORDER1. This and connected writ petitions and transfer cases concerned the constitutionality of Sections 34, 35, 37, 39 and 144 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act (for short, the 'Act') abolishing hereditary rights of archaka, mirasidars, gamekars and other office-holders and servants like hereditary Karnam of Dwarka Thirumalai Temple in West Godavari District. The facts in Writ Petition No. 638/87 are sufficient for consideration of questions raised in this batch of cases.2. The petitioner is one of the Chief Priests (archaka) in an ancient and renowned Hindu temple at Thirumala Tirupathi known in entire south-Asia and abroad as Venkateswaraswamy temple and in north-India as Balaji temple in whose praise saint Annamacharya spent his life in singing devotional songs - a practice devolved by custom and usage from over a century. According to the petitioner, the office of archaka is succeeded from forefathers in accordance with the Vaikha...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644
..... , the judgment of karnataka high court is set aside.meghalaya: (transferred case nos. 5 and 7 of 1992)192. in march, 1990, hill peoples' union, to which the petitioner, gonald stone massar, belonged and several other state political parties and certain independent m.l.as. joined together to form a 'front', known as meghalaya united parliamentary party (mupp). this front had ..... kar sevaks was being addressed by leaders of the bjp, vhp etc., roughly 150 persons in a sudden move broke through the cordon on the terrace, regrouped and started pelting stones at the police personnel. a large crowd broke into the dispute structure. the mob swelled enormously within a short time and started demolishing the structure. the local police stood by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1804; JT1993(2)SC1; 1993(1)SCALE489; 1994Supp(1)SCC324; [1993]1SCR891
..... profitable to frequently use those terms and accordingly they have been grossly misused. we are not concerned with that kind of so called democracy, which is used as a stepping stone for the establishment of a totalitarian regime, or that which is hypocritically dangled before the people under the name of democracy but is in reality an oligarch cal set up ..... has come up for consideration before u.s. supreme court in a number of cases. in reynolds v. sims (supra), the court, while examining the said matter on the touch-stone of the equal protection clause, has held that the equal protection clause requires that the seats in both houses of a bicameral state legislature be apportioned on a population basis .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC1676; JT1991(2)SC439; 1991(1)SCALE617; 1991Supp(1)SCC430; [1991]2SCR105
..... e.g. state of madhya pradesh accounts for a good percentage of this country's mineral resource. it produces 26.53% of the country's production in limestone, 36% in dolomite, 28.14% in coal, 21.5% in iron ore, 13% in bauxite, 21.38% in manganese ore, 14.43% in rock phosphate, 33% in copper ore and so ..... minerals as indicated below: date of notificationseffective datemineralrate20-11-8521-6-85bauxite ore, sand for stowing500%20-11-8521-6-85copper ore and uranium300%20-11-8521-6-85lime stone and kyanite200%20-1 1-8521-6-85coal30% of pit's mouth value or 500% on the amount of royalty whichever is greater.madhya pradesh: in madhya pradesh, ..... , saurashtra cement & chemical industries ltd. v. union : air1979guj180 ; and madhya pradesh, hiralal rameshwar prasad v. state, (m.p. 410/83 decided on 28.3.1986) and m.p. lime manufacturers' association v. state of m.p. : air1989mp264 and, except for the last two cases from madhya pradesh, the others upheld the levy of a cess which depended on royalties .....
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