Court : Supreme Court of India
..... payment. therefore, the eminent domain concept is subject to the aforesaid statutory condition and must be read subject to due process concept introduced in our constitutional law in maneka gandhi (supra). if i read, section 17(3a) as i must, consistently with the constitutional doctrine of due process as articulated in the expression `authority of law' under ..... to the persons interested and entitled thereto. this is the clear mandate of law. 43. in view of the principles enunciated in r.c. cooper (supra) and maneka gandhi (supra), reasonableness in law has to be its implicit content. here no challenge to the reasonableness of section 17 (3a) is either argued or considered by this court ..... said act must be tested on the anvil of the broad interpretation of fundamental rights given by this court. in view of the decision of this court in maneka gandhi v. union of india & another - (1978) 1 scc 248, the interpretation of part iii rights namely rights under article 14, 19 and 21 given therein .....
Tag this Judgment!Court : Supreme Court of India
1. What is the nature and significance of the planning process for a large Municipal town area? In that process, what is the role of the Municipal Corporation, which is the statutory planning authority? Can the State Government interfere in its decisions in that behalf and if so, to what extent? Does the State Government have the power to issue instructions to the Municipal Corporation to act in a particular manner contrary to the Development Plan sanctioned by the State Government, and that too a number of years after the Municipal Corporation having taken the necessary steps in consonance with the plan? Can the State Government instruct a Municipal Corporation to shift the reservation for a public amenity such as a primary school on a plot of land, and also instruct it to grant a development permission for residential purposes thereon without modifying the Development Plan? Could it still be considered as an action following the due process of law merely because a provision of Develo...
Tag this Judgment!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
..... judgments in commissioner, hindu religious endowments v. sri lakshmindra thirtha swamiar of sri shirur mutt (supra), mahant sri jagannath ramanuj das v. state of orissa (1954) scr 1046, ratilal panachand gandhi v. state of bombay (1954) scr 1055, h.h. sadhundra thirtha swamiar v. commissioner for hindu religious and charitable endowments 1963 supp (2) scr 302, corporation of calcutta v. liberty .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2012(3)MLJ993; 2012(3)KantLJ177; 2012(6)SCC1; 2012(2)KCCR50SN; 2012(4)SCJ318
..... make the right to life meaningful.48. right to work does not oblige the state to provide work for livelihood which has also been not recognized as a fundamental right. mahatma gandhi national rural employment guarantee act, 2005 (act 42 of 2005) guarantees at least 100 days of work in every financial year to every household whose adult members volunteer manual work ..... article 14 or article 19 for its reasonableness. [see khudiram das v. state of west bengal reported in (1975) 2 scr 832] after the judgment of this court in maneka gandhi v. union of india [(1978) 1 scc 248], the principle of reasonableness is applicable to article 14 of the constitution. as held by this court in glanrock estate private limited .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2012)9SCC1; JT2012(8)SC4; 2012(4)KCCR271(SN); 2012AIRSCW4942; AIR2012SC3565; 2012(7)SCALE553
..... pravin pandurang sawant police indian (naik)143 kunal prakash jaiswani civilian indian144 ransale gilbert civilian indian santhumayor145 ijas abdul karupadan civilian indian kuddi146 nilesh mahendra gandhi civilian indian147 prakash satan bharwani civilian indian148 ramchandra selumadhav civilian indian nair149 bharat sasuprasad gujar civilian indian150 rasika krushna sawant civilian indian151 mohd. parvez aslam ..... that his house at faridkot had been taken by his father who earned his livelihood by plying carts. kasab was fond of watching tv and hindi movies; he named a number of popular indian films that he had seen many times. he was in the habit of chewing tobacco. he ..... day she had found that the appellant had no difficulty in following or speaking in hindi; thus, the interaction between the magistrate and the appellant took place, in question and answer form, in simple, everyday spoken hindi. the magistrate, having satisfied herself that the police had no contact with the appellant .....
Tag this Judgment!Court : Supreme Court of India
(SMT.) RANJANA PRAKASH DESAI, J.1. Leave granted.2. These appeals, by special leave, are directed against the judgment dated 07/03/2011 delivered by the Division Bench of the Jharkhand High Court. They involve the same questions of law and facts and hence can be disposed by a common judgment. The appellants in these appeals were posted as Additional District Judges, Fast Track Courts. They are direct recruits from the bar. By the impugned order, the High Court disposed of the Writ Petition filed by the Judicial Officers who are members of the Subordinate Judiciary of the State of Jharkhand, challenging the appointment of the appellants to the posts of Additional District Judge (for short, ADJ), Fast Tract Courts (for short, FTC). The writ petitioners before the High Court, inter alia, claimed that they were eligible for being appointed as ADJs and that they are directly affected persons in monetary terms as well as in terms of their future promotional avenues because of the appellants ...
Tag this Judgment!Court : Supreme Court of India
..... latter comprehends the former. both are inhibited by articles 14 and 16."97. building upon his opinion delivered in royappa's case (supra), bhagwati, j., held in maneka gandhi vs. union of india & anr.[39]: "the principle of reasonableness, which legally as well as philosophically, is an essential element of equality or non- arbitrariness pervades ..... task". one cannot test the validity of a law with reference to the essential elements of ideal democracy, actually incorporated in the constitution. (see: indira nehru gandhi vs. raj narain[49]).the courts are not at liberty to declare a statute void, because in their opinion it is opposed to the spirit of the constitution ..... test of reasonableness, the same would be unreasonable. in this connection reference may be made to e.p. royappa v. state of tamil nadu, (1974) 4 scc3, maneka gandhi v. union of india, (1978) 1 scc 248, ajay hasia v. khalid mujib sehravardi, (1981) 1 scc 722, r.d. shetty v. international airport authority of india .....
Tag this Judgment!Court : Supreme Court of India
A.K. Patnaik, J.Leave granted in S.L.P. (C) Nos. 22010-22012 of 2011.2. In these appeals against the judgment and orders of the Punjab and Haryana High Court, a very important question of law arises for our decision: whether the High Court in exercise of its writ jurisdiction under Article 226 of the Constitution can lay down the procedure for the selection and appointment of the Chairman of the State Public Service Commission and quash his appointment in appropriate cases.Facts:3. The relevant facts very briefly are that by notification dated 07.07.2011, the State Government of Punjab appointed Mr. Harish Dhanda as the Chairman of the Punjab Public Service Commission. On 10.07.2011, the respondent No.1 who was an Advocate practicing at the Punjab and Haryana High Court, Chandigarh, filed a public interest litigation under Article 226 of the Constitution (Writ Petition No.11846 of 2011) praying for a mandamus directing the State Government to frame regulations governing the conditions ...
Tag this Judgment!Court : Supreme Court of India
Reportable IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.7640 OF 201.State of Punjab Appellant Versus Salil Sabhlok & Ors. Respondents WITH CIVIL APPEAL No.2685 OF 2012.CIVIL APPEAL No.3687 OF 201.AND CIVIL APPEAL NOs. 1365-1367 OF 201.(Arising out of S.L.P. (CIVIL) NOs. 22010-22012 OF 2011.JUDGMENT A. K. PATNAIK, J.Leave granted in S.L.P. (C) Nos. 22010-22012 of 2011.2. In these appeals against the judgment and orders of the Punjab and Haryana High Court, a very important question of law arises for our decision: whether the High Court in exercise of its writ jurisdiction under Article 226 of the Constitution can lay down the procedure for the selection and appointment of the Chairman of the State Public Service Commission and quash his appointment in appropriate cases. Facts:3. The relevant facts very briefly are that by notification dated 07.07.2011, the State Government of Punjab appointed Mr. Harish Dhanda as the Chairman of the Punjab Public Serv...
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