Court : Supreme Court of India
Reported in : AIR2006SC3127; JT2006(8)SC1; 2006(8)SCALE257; (2006)7SCC1
..... ', it was found to 'include supremacy of the constitution, democratic republican form of government'. the following observations in paragraph 198 of the judgment in indira nehru gandhi (supra) also need to be noticed as they are relevant in the context of the principle that 'free and fair elections' lies at the core of ..... nor considered that basic structure principle for invalidation is available only for constitutional amendments and not for statutes.43. a.n. ray, cj, in indira nehru gandhi's case (supra), observed in paragraph 132 as under:the contentions on behalf of the respondent that ordinary legislative measures are subject like constitution amendments to ..... on two grounds namely, (i) lack of legislative competence and (ii) violation of any fundamental rights or any provision of the constitution (see - smt. indira nehru gandhi v. raj narain : [1978]2scr405 . in other cases relied upon by mr. sachar where observations have been made about a statute being contrary to basic structure, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC590; 2006(13)SCALE335; (2006)11SCC1
..... in her leadership, we all have joined congress party, today selflessly and we don't have any expectations. we will abide by the dictates of smt. sonia gandhi ji. in view of the aforesaid statements and absence of any explanation, let alone reasonable explanation, except only vague and general pleas and denials by the petitioners in ..... the congress party. during my longest political life, i was elected as an independent mla in 1977. in 1991, i was given congress party ticket by shri rajiv gandhi. i had been president of district congress committee, faridabad. i had been on some important posts of the organization. this time, i was not given congress party ..... the governor and had denied to the petitioner an opportunity to adduce evidence. noticing the principles of natural justice, the decision of this court in kihoto hollohan case, mrs. maneka gandhi v. union of india and anr. : [1978]2scr621 , union of india and anr. v. tulsiram patel : (1985)iillj206sc and reiterating that an order of an .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(6)SCALE608; 2007AIRSCW3278;
V.S. Sirpurkar, J. 1. Several writ petitions came to be filed in the High Court raising a common issue regarding the superannuation age. All the petitioners were serving in different private colleges which were enjoying the grant-in-aid by the Government. They were serving in the capacity as Lecturers, Professors, Readers, Librarians, Physical Education Teachers, etc. Their common prayer in the writ petitions was that their age of superannuation which was hitherto 58 or 60 years, as the case may, should be raised to 62 years. For this they all commonly relied on a communication No. F.1.22/97-U.I dated 27.7.1998. The claim made by the petitioners was that firstly the decision of the Government of India was mandatory and binding vis--vis the colleges/universities. This was all the more reiterated in the backdrop that the Central Government was providing financial assistance to the State Government in implementing the scheme of revision of pay scales. It will be better for us to quote the...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(4)AWC3241(SC); (2008)4MLJ551(SC); 2007(8)SCALE35; (2007)6SCC586
..... manner in which transfers and postings of the members of the income tax appellate tribunal should be effected was the subject matter of the decision of this court in ajay gandhi and anr. v. b. singh and ors. : [2004]265itr451(sc) .36. in union of india v. s.b. vohra : air2004sc1402 , a three-judge bench of this court again considered the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008BusLR482(SC); (2008)2CompLJ405(SC); JT2008(5)SC657; 2008(6)SCALE523; (2008)10SCC556
S.H. Kapadia, J.1. The controversy in these civil appeals is: whether appellant is liable to pay Access Deficit Charges ('ADC') to BSNL for the period commencing from 14.11.2004 to 26.8.2005 in respect of its service provided under its brand name 'WALKY'.Introduction:2. ADC is a levy imposed by TRAI (Regulator) on the operators (service providers) to support roll out of telephones in rural areas. Since BSNL owns 99% of the rural phones, ADC constitutes a levy for the appellant and a subsidy for BSNL. The said ADC has two parts: (i) the component of the payment to be made by the domestic service provider, and (ii) the component of the payment to be made by international long-distance service providers. The ADC regime was introduced in 2004.3. In March, 1997, Telecom Regulatory Authority of India ('TRAI') Act stood enacted. The Government introduced New Telecommunication Policy ('NTP') in 1999 and proceeded to implement the said policy. By TRAI (Amendment) Act, 2000 a key change came to ...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(8)SC531; 2009(7)SCALE164; 2009(7)LC3482(SC)
V.S. Sirpurkar, J.1. This judgment will dispose of SLP(Civil) No. 9921 of 2007, SLP(Civil) No. 10191 of 2007 and SLP(Civil) No. 12048 of 2007.2. Leave granted in all the Special Leave Petitions.3. In all these appeals, the common judgment passed by the Calcutta High Court, allowing W.P.S.T. No. 826 of 2001, W.P.S.T. No. 1312 of 2001 and W.P.S.T. No. 15 of 2002, is in challenge.4. In those Writ Petitions filed before the High Court, a common judgment dated 22.6.2001 passed by the West Bengal State Administrative Tribunal (hereinafter called `the Tribunal' for short) in T.A. No. 391 of 1998, T.A. No. 392 of 1998, O.A. No. 2377 of 1999 and O.A. No. 4636 of 1999, dismissing all the original applications, was in challenge. The High Court has set aside the order of the Tribunal and allowed the original applications. While doing so, the High Court has also granted certain reliefs. The State of West Bengal being aggrieved by the same, has come up before us.5. Initially, before the High Court o...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(10)SC90; RLW2010(1)SC361; 2009(10)SCALE90:2009AIRSCW6999; (2009)13SCC422
S.B. Sinha, J.Leave granted.1. Application of the principles for grant of compensation under the Motor Vehicles Act, 1939 (for short 'the 1939 Act') and the Motor Vehicles Act, 1988 (for short 'the 1988 Act') is the question involved herein. Before, embarking on the said question we may notice the fact of the matters involved in each case.Civil Appeal arising out of SLP (C) No. 8205/20072. Madan Mohan Singh Saini met with an accident on 3rd September, 1987, when the scooter on which he was riding, collided with a Maruti van, driven by respondent No. 1. Respondent No. 2 is the insurer. He was admitted to Ram Manohar Lohia Hospital where he succumbed to his injuries on 8th September, 2006.Appellants herein who are, wife, children and mother of the deceased filed a claim petition before the Motor Accident Claims Tribunal, New Delhi, under Sections 110A and 92A of the Act.By an award dated 13th July, 1992 the Tribunal awarded a sum of Rs. 3,36,000/- by way of compensation with 12% interest...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009CriLJ4436; JT2009(10)SC388; 2009(10)SCALE632; (2009)8SCC617:2009AIRSCW5514:2009AIRSCW5514
S.B. Sinha, J.1. Leave granted.2. Appellant is before us being aggrieved by and dissatisfied with a judgment and order dated 12.01.2006 passed by a learned Single Judge of the Madhya Pradesh High Court allowing the criminal revision applications filed by the respondents herein arising out of the orders dated 21.12.1998 and 13.05.1997 passed by the Special Judge, Bhopal in Special Case No. 6 of 1997.3. The respondents herein were proceeded against for commission of offences under Section 13(1)(d)(2)(ii-iii) read with Section 13(2) of the Prevention of Corruption Act, 1988 (for short 'the Act') and Section 120B of the Indian Penal Code, 1860.4. Before proceeding further, we may notice the positions held by the respondents herein. Respondent No. 1 Sheetla Sahai was Minister for Water Resources of the State of Madhya Pradesh. Respondent No. 2 D.V.S.R. Sarma and the respondent No. 7 S. W. Mohgoankar were the Secretary to the Government of Madhya Pradesh. Respondent No. 3 P.V. Srinivasaiyah ...
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
Reported in : 2010(2)SCALE204; (2010)4SCC653
..... no relevance in the present case. in the said case, the shifting of the trial in jail was caused because of extraordinary situation which happened after assassination of mrs. indira gandhi and that cannot be compared with the present situation. he placed reliance on the following paragraph:204. in naresh shridhar mirajkar v. state of maharashtra 0044/1966 : (1966) 3 scr ..... to the learned counsel for the state, the submission of the appellant that there was variance between the notification no. 184a in english and the notification no. 184 ni in hindi is wholly untenable. (this has been explained both by the state and the high court to mean `appointment' in english and `niyukti' in ..... hindi.)50. learned counsel for the state further submitted that the contention of the appellant that absence of a serial order in the publication of 16.8.2006 makes it suspicious .....
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