Court : Gujarat
Reported in : [1996]87CompCas705(Guj)
..... count. here we are not concerned with the question which does not affect the parties before the court.16. likewise, in the case of dhartipakar madan lal agarwal v. rajiv gandhi, : [1987]3scr369 , the court was dealing with an appeal arising from an election petition under the representation of the people act. the question about the validity of the election concerned .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VAD(SC)678; AIR1996SC2462; 82(1996)CLT875(SC); JT1996(6)SC685; 1996(5)SCALE414; (1996)9SCC709; [1996]Supp3SCR808
ORDERA.M. Ahmadi, CJ.1. Special Leave granted.2. These appeals seek to challenge: (i) the common judgment and order of the Orissa High Court dated April 4, 1995, arising out of OJC No. 7729 of 1993 and allied matters and (2) the decision of the Central Government dated August 17, 1995 made pursuant to the said judgment of the High Court.3. The appellants in these appeals are the Tata Iron and Steel Company, Limited, (hereinafter called 'T1SCO') and the Industrial Development Corporation of Orissa Limited (hereinafter called 'IDCOL'). The principal respondents are the Union of India, the State of Orissa, M/s. Indian Charge Chrome Limited, (hereinafter called 'ICCL'), Indian Metal & Ferro Alloys Limited (hereinafter called 'IMFA'), M/s. Jindal Strips Limited, (hereinafter called 'JSL'), Ferro Alloys Corporation Limited (hereinafter called 'FACOR') and Ispat Alloys Limited.4. The factual matrix of the case is as follows :The appellant, TISCO, is a limited company, one of whose primary obj...
Tag this Judgment!Court : Kolkata
Reported in : (1996)2CALLT183(HC),100CWN900
..... waman rao and ors. v. union of india reported in : air1981sc271 : minerva mills ltd. and ors. v. union of india and ors. reported in : [1981]1scr206 and smt. indira nehru gandhi v. shrt raj naratn reported in : [1976]2scr347 .(c) the act is also not protected under article 31c of the constitution of india inasmuch as interms of the provisions of ..... consideration is as to whether the fundamental right is a basic structure of the constitution of india or not.182. in minerva mill's case (supra) as also indira nehru gandhi's case (supra), it has been held that article 14 is a basic feature of the constitution of india. article 14 and 19 have been excluded from being considered in .....
Tag this Judgment!Court : Chennai
Reported in : (1997)ILLJ170Mad
Janarthanam, J.1. Certain events and incidents, which formed the backdrop and setting of the present actions - Writ Appeal No. 332 of 1994 and Writ Petitions Nos. 3124, 3125 and 3917 of 1993 better it is, we feel, to relate to have a proper understanding and fine grasp, with ease and grace - of the legal implications or positions to be derived or to flow from the factual matrix, giving rise to certain issues - so moot and complicated in nature - with which, we are now called upon to decide, by giving our anxious consideration. E.I.D. Parry (India) Limited (for short,'the employer') has one of its units located at Ranipet in the State of Tamil Nadu, where sanitary ware, superphospate and insecticides are manufactured. Some of its retired employees filed applications under Section 33-C(2) of the Industrial Disputes Act, 1947 (Act No. 14 of 1947 - for, short, 'the I.D. Act'), before the Labour Court, Madras, claiming pension by alleging that pay ability of pension was a condition of servi...
Tag this Judgment!Court : Delhi
Reported in : 1996IVAD(Delhi)507; 66(1997)DLT660; 1996(39)DRJ609
..... was 131 and his date of enrolment was 25th may,1959 and membership no. of manohar lal chawla was 973 with date of enrolment 30th december, 1960 while nand lal gandhi, bhola nath, satya prabha etc. all were enrolled on 31st december, 1960. it would be evident that bhola nath gogia was much junior in the list. this is in ..... would become amenable to the writ jurisidiction of this court at least under article 226 if not under article 32 read with article 12 of the constitution. (27) since maneka gandhi vs . union of india, : [1978]2scr621 , right to life and personal liberty has gained ever expanding meaning and right to shelter also emanating from article 21 was recognised as ..... .71 was not the seniority but file number. out of 360 plots, 342 plots had been allotted to those who enrolled before 25th may, 1959 were senior to n.l. gandhi. he also filed a waiting list position as on 25th december, 1991(annexure r-1). sh. 0m prakash chugh and sh. kamlesh kumar juneja were senior to him, their .....
Tag this Judgment!Court : Mumbai
Reported in : 1997(2)BomCR314
M.L. Dudhat, J.1. This appeal and the cross appeal are filed against the judgment and decree dated 23rd June 1993 passed by the learned District Judge, Raigad, Alibag in Land Acquisition Reference No. 184 of 1986. In the said judgment and decree dated 23rd June 1993 given by the learned District Judge, the learned District Judge has disposed of in all 79 Land Acquisition References. Since in all these matters there is a common question of fact and common question of law arise for consideration, we are disposing of these matters by the judgment as in First Appeal No. 455 of 1994 with First Appeal No. 741 of 1994. Ratio of the judgment given by us will be applicable to all other First Appeals and/or Cross Objections.2. Few facts which are material for the purpose of disposing of these first appeals are as under.3. Appellant No. 2 State of Maharashtra issued notification under section 4 of the Land Acquisition Act, 1894 (hereinafter referred to as 'the said Act' for the sake of brevity) f...
Tag this Judgment!Court : Orissa
Reported in : 1997CriLJ1816; 1996(II)OLR576
A. Pasayat, J.1. Judgment of the learned Second Additional Sessions Judge, Berhampur directing acquittal of eight respondents (hereinafter referred to as 'the accused' by name) is the subject-matter of challenge in this appeal by the State. 2. Accusations which led to trial of the accused essentially are as follows :On 14-3-1982 accused Simanchal Gouda, Bhagaban Gouda, Bhima Gouda, Rama Gouda and Burunda Gouda want to the house of Kantaru Naik (hereinafter referred to as 'the deceased') of village Jalamenipalli and dragged him to village Dherendi. On the way they were assaulting the deceased by slaps, fist blows and kicks. After they reached village Dherendi, accused Gandu, Burunda and Jadu joined them, and assaults continued by all the night. Deceased was tied to a pole by means of a rope, and was asked whether he had received any training in witchcraft from Bhima Gouda (PW 10). When the deceased denied to have received any such training, they tock him to the thrashing floor of accuse...
Tag this Judgment!Court : Rajasthan
Reported in : AIR1997Raj78
Verma, J.1. Both the writ petitions involve similar facts and law, challenging the vires of various Sections of the Copy Right Act, therefore, are being decided together.2. The facts are similar, therefore, the facts are being taken from D. B. Civil Writ Petition No. 660/89 (Girish Chandani v. Union of India). The petitioner is carrying the business of keeping library of Video Cassettes, T.Vs. and V. C. Rs. for letting them on hire to the customers for viewing them at their homes. The petitioner submits that even though he is keeping Video Cassettes which are duly certified, films of which the copy rights are sold by the producers to the copy right holders and were prepared after obtaining necessary licence and consent from the owner of the copy right and he purchases video cassettes from the market which are again supplied by either the producer or the copy right holder or the persons having necessary licence and consent from the owner of the copy right holders etc., he still apprehen...
Tag this Judgment!Court : US Supreme Court
M. L. B. v. S. L. J. - 519 U.S. 102 (1996) OCTOBER TERM, 1996 Syllabus M. L. B. v. S. L. J., INDIVIDUALLY AND AS NEXT FRIEND OF THE MINOR CHILDREN, S. L. J. AND M. L. J., ET UX. CERTIORARI TO THE SUPREME COURT OF MISSISSIPPI No. 95-853. Argued October 7, 1996-Decided December 16,1996 In a decree forever terminating petitioner M. L. B.'s parental rights to her two minor children, a Mississippi Chancery Court recited a segment of the governing Mississippi statute and stated, without elaboration, that respondents, the children's natural father and his second wife, had met their burden of proof by "clear and convincing evidence." The Chancery Court, however, neither described the evidence nor otherwise revealed precisely why M. L. B. was decreed a stranger to her children. M. L. B. filed a timely appeal from the termination decree, but Mississippi law conditioned her right to appeal on prepayment of record preparation fees estimated at $2,352.36. Lacking funds to pay the fees, M. ...
Tag this Judgment!Court : Delhi
Reported in : 1997IAD(Delhi)420; 64(1996)DLT572; 1996(39)DRJ512
R.C. Lahoti, J.(1) Whether an application under Section 5 of the Limitation Act seeking condensation of delay in filing an appeal must accompany the memo of appeal? If the application is not so filed does it cease to be maintainable merely because it was filed a few days after the filing of the appeal? These are the questions of law of day to day recurrence, which arise for decision in this appeal.(2) The order of injunction which is under appeal was passed on 24.5.96. On 25.5.96 an application for certified copy of the order was made. Copy was ready on 28.5.96. The last day of filing the appeal was 27.6.1996. The appeal was filed on 2nd July, 1996. It was not accompanied by an application seeking condensation of delay in filing the appeal. The registry raised a few objections including one of the appeal being barred by time and brought it to the notice of the appellant's counsel. The appeal was returned to the appellant's counsel for removing the defects and refiling the same within o...
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