Court : Supreme Court of India
Reported in : 1996IVAD(SC)137; AIR1996SC1864; JT1996(4)SC379; 1996(3)SCALE640; (1996)5SCC125; [1996]Supp1SCR442
..... of the act exclude woman tribals from inheritance to the khuntkutti raiyati rights solely on the basis of sex and confine succession and inheritance among male descendants only. in maneka gandhi v. union of india, : [1978]2scr621 , this court held that reasonableness is an essential element of equality; non-arbitrariness pervades article 14. the court must consider the direct and inevitable ..... held that the prohibition under article 14 is to secure all persons against arbitrary laws as well as arbitrary application of laws. it applies to procedural and substantive law. menaka gandhi v. union of india, : [1978]2scr621 , reiterates its creed on grounds of justice, equity and fairness lest law becomes void, oppressive, unjust and unfair.19. eugine smith in his indian .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(12)SC1; 2009(12)SCALE349; (2009)10SCC689:2009AIRSCW6465
..... india ltd. v. collector of central excise (cited supra), bakhtawar trust v. m.d. narayan and ors. (cited supra), madan mohan pathak v. union of india (cited supra), indira gandhi v. raj narayan (cited supra), virender singh hooda v. state of haryana (cited supra), i.n. saxena v. state of madhya pradesh (cited supra) and janpad sabha v. c.p ..... s case (cited supra). of course, this case pertains to the taxing statutes. we do not find anything contrary in the other decisions, namely, s.r. bhagwat's and indira gandhi's case (both cited supra) to which we have already made reference. the other cases, namely, virender singh hooda's case, i.m. saxena's case, and janpad sabha' ..... court has correctly dealt with this question. it firstly considered the law laid down in the cases of kraipak v. union of india reported in : air 1970 sc 150; maneka gandhi v. union of india reported in : air 1978 sc 597 and olga tellis v. bombay municipal corporation reported in : air 1986 sc 180 as also in union of india .....
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO(S). 3802-3803 OF2020M/S. N.N. GLOBAL MERCANTILE PRIVATE LIMITED APPELLANT(S) VERSUS M/S. INDO UNIQUE FLAME LTD. & ORS. RESPONDENT(S) JUDGMENT K.M. JOSEPH, J.Index A. THE REFERENCE ............................................................................................................................... 2 B. A BIRDS OVERVIEW OF THE FACTS IN N.N. GLOBAL ...................................................................... 3 C. THE FINDINGS IN N.N. GLOBAL IN REGARD TO THE QUESTION UNDER THE CAPTION VALIDITY OF AN ARBITRATION AGREEMENT IN AN UNSTAMPED AGREEMENT................................................... 5 D. SUBMISSION OF THE PARTIES ....................................................................................................... 15 E. ANALYSIS ....................................................................................................................................... 29 F. ...
Tag this Judgment!Court : Supreme Court of India
R.V. Raveendran, J.1. Leave granted. These appeals relate to the challenge of acquisition of lands for formation of Arkavathi layout on the outskirts of Bangalore by the Bangalore Development Authority [for short `BDA'] under the Bangalore Development Authority Act, 1976 (`BDA Act' or `Act' for short).2. On 2.1.2001 the Executive Engineer (North) of BDA submitted a scheme report with detailed estimates for formation of a proposed new layout in an area of 1650 acres spread over twelve villages, to be called as `Hennur Devanahalli Layout'. On 7.10.2002 after an initial survey, the Additional Land Acquisition Officer of BDA submitted a report proposing that 3000 acres of land in the said twelve villages and two adjoining villages (Chellakere and Kempapura) and suggested that scheme may be called as `Arkavathi Town or layout' instead of `Hennur Devanahalli layout'. The Commissioner agreed with the proposal on 8.10.2002 and placed the matter before the Authority (that is the members constit...
Tag this Judgment!Court : Supreme Court of India
..... true, our constitution has no `due process' clause or the viii amendment; but, in this branch of law, after cooper : (1970) 1 scc 248 and maneka gandhi : (1978) 1 scc 248 the consequence is the same. for what is punitively outrageous, scandalizingly unusual or cruel and rehabilitatively counter-productive, is unarguably unreasonable and arbitrary ..... and 19, thereby requiring the state to demonstrate the `reasonableness' of placing such restrictions on `personal liberty' [this approach was later endorsed by bhagwati, j. in maneka gandhi v. union of india : air 1978 sc 597, see p. 622]. subba rao, j. held that the right to privacy `is an essential ingredient of personal ..... .82. in the indian context, article 20(3) should be construed with due regard for the inter-relationship between rights, since this approach was recognised in maneka gandhi's case, (1978) 1 scc 248. hence, we must examine the `right against self-incrimination' in respect of its relationship with the multiple dimensions of ` .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC1893; [1995(71)FLR102]; (1995)2GLR1550; JT1995(4)SC264; 1995LabIC2207; (1995)IILLJ790SC; 1995(3)SCALE498; (1995)5SCC27; [1995]Supp1SCR173; (1996)1UPLBEC359
..... khan v. commissioner of police, madras and anr. : [1965]2scr884 ; state of u.p. v. abdul rashid and ors. [1984] supp. scc 347 and bhagwati prasad dixit 'ghorewala' v. rajeev gandhi, : [1986]2scr823 .13. it is not necessary for us to go into the question of the finality of the decision under section 10 of the act since as held by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC1296; JT2000(3)SC221; 2000(2)SCALE415; (2000)4SCC640; [2000]2SCR299
S.B. Majmudar, J.1. (Majority view G. B. Pattanaik, U. C. Banerjee, JJ concurring). Leave granted in Special Leave Petition No. 16476 of 1993.2. Both these appeals, on grant of special leave under Article 136 of the Constitution of India, are moved by the State of Bihar, which is common appellant No. 1 in both these appeals. In Civil Appeal No. 9072 of 1996 the Secretary, Department of Personnel and Administrative Reforms. Government of Bihar is appellant No. 2, while in the companion appeal arising from the Special Leave Petition No. 16476 of 1993, the other contesting appellant is the Special Executive Officer-cum-Deputy Secretary, Bihar Public Service Commission, Patna. In both these appeals, a common question of law arises for consideration, namely, whether the Legislature of the State of Bihar was competent to enact the Bihar Reservation of Vacancies in Posts and Services (for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 1991 (hereinafter referred to as 'the...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC1560; JT2000(6)SC1; 1999(4)SCALE332; (2000)9SCC572
ORDER1. River Krishna originates in the State of Maharashtra and flows down through the State of Karnataka and State of Andhra Pradesh and meets the Bay of Bengal in Andhra Pradesh. It has got several tributaries and in the pre-independence era, there was not much dispute between the then States for sharing water of any inter-State river. Even then, when large-scale projects were taken up in one State, the other riparian States were apprehensive of getting their share of water from the river and it is in this context, for sharing the water of Tungabhadra, another river in Krishna Basin, there was an agreement in 1944, settling the dispute concerning the share of the water of the said river Tungabhadra. After the Constitution of India came into force, the Krishna basin fell within the territories of the States of Bombay, Mysore, Hyderabad and Madras. The States went on planning for erection of big projects for proper utilization of the waters of Krishna basin and in July, 1951, a memora...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1997)1SCC388B
Kuldip Singh J.This Court took notice of the News item appearing in the "Indian Express" dated February 25, 1996 under the caption - "Kamal Nath dares the mighty Beas to keep his dreams afloat". The relevant part of the news item is as under:-"Kamal Nath's family has direct links with a private company, Span Motels Private Limited, which owns a resort - Span Resorts - for tourists in the Kullu-Manali valley. The problem is with another ambitious venture floated by the same company - Span Club.The club represents Kamal Nath's dream of having a house on the bank of the Beas in the shadow the bank of the Beas in the shadow of the snow-capped Zanskar range s. The club was built after encroaching upon 27.12 bighas of land, including substantial forest land, in 1990. The land was later regularised and leased out to the company on April 11, 1994. The regularisation was done when Mr. Kamal Nath was Minister of environment and Forests. .... The swollen Beas changed its course and engulted the S...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305
..... power to the extent that he is in a position to exploit or dominate others. it is only such society which can guarantee human dignity, stability, peace and progress. 102. mahatma gandhiji, the father of the nation, in 'harijans' dated october 9,1937 had stated that "true economics never militates against the highest ethical standard, just as all true ethics to ..... cerc case; right to education is a fundamental right under article 46 as held by this court in maharashtra state board of secondary and higher secondary education vs.k.s.gandhi [1991 (2) scc] and j.p.unni krishnan vs. state of a.p.((1993) 1 scc645]; right to pollution-free atmosphere has been held to be a part of right .....
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