Court : Gujarat
Reported in : (2003)2GLR1558
Akshay H. Mehta, J. 1. At the stage of admission hearing, we have been informed by learned Counsels appearing for the parties that the pleadings in this petition are complete and looking to the controversies that are involved in it, the petition is required to be finally decided. Hence, Rule. Mr. Amit Kotak, the learned A.G.P. appearing for respondent No. 1-State and Mr. K. M. Patel, the learned Counsel appearing for respondent No. 2-Gujarat Mineral Development Corporation (G.M.D.C.) waive service of the rule. The petition is heard fully and now it is being disposed of by this C.A.V. judgment.2. This petition is filed for claiming reliefs to declare that the acquisition of the petitioners' lands without prescribing for an adequate Scheme for rehabilitation and resettlement is arbitrary, unreasonable and violative of Articles 14, 19(1)(d), (e) and 21 read with Articles 39, 39(b), 39A and 46 of the Constitution of India, and to direct the respondents by issuing appropriate writ, order or...
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR2002MP196; 2002(2)MPHT353
Dipak Misra, J. 1. In this writ petition it is imperative to bestow our anxious consideration on the long debate and deliberation that took place consuming quite a speck of time relating to contentious issues which took us in the time machine as the subject related to the past, creating defiant walls and artificial palisade and some times brought us to the present in capitivative fascination having an ineffaceable sense and purpose of modernity and progressiveness which, at times generated a feeling of puzzlement but definitely the incrassation and intenseness of proponements cannot be surveyed with disposition of a disregardant. We are deliberating and articulating about the 'vedas' the 'Apaurusheya'. The Vedas, as has been said, are the means for attaining knowledge, happiness through wisdom and self realisation which are beyond the sphere of perception or inference. So it is said :'PRATYAKSHYEANNU MANENA YASTU POYO NA ENAM BIDANTI VEDANA TASHMAD VEDASYA VEDATA'Possibly, for this rea...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2012)9SCC1; JT2012(8)SC4; 2012(4)KCCR271(SN); 2012AIRSCW4942; AIR2012SC3565; 2012(7)SCALE553
Aftab Alam, J.1. The appellant, Mohammed Ajmal Mohammad Amir Kasab @ Abu Mujahid (hereinafter referred to as ‘the appellant’ or as ‘Kasab’), who is a Pakistani national, has earned for himself five death penalties and an equal number of life terms in prison for committing multiple crimes of a horrendous kind in this country. Some of the major charges against him were: conspiracy to wage war against the Government of India; collecting arms with the intention of waging war against the Government of India; waging and abetting the waging of war against the Government of India; commission of terrorist acts; criminal conspiracy to commit murder; criminal conspiracy, common intention and abetment to commit murder; committing murder of a number of persons; attempt to murder with common intention; criminal conspiracy and abetment; abduction for murder; robbery/dacoity with an attempt to cause death or grievous hurt; and causing explosions punishable under the Explosive S...
Tag this Judgment!Court : Karnataka
Reported in : 2001(3)KarLJ467
1. The controversies, contentions and claims raised in these writ appeals and connected writ petitions/appeals centres around three service cadres of Sri Jayadeva Institute of Cardiology (in short the 'Institute'). These cadres are of (i) Assistant Surgeons, (ii) Lecturers, and (iii) Assistant Professors. The first two cadres are said to be carrying the same pay-scale but the first consists of non-teaching posts whereas the second consists of teaching posts. The third cadre of Assistant Professor consists of teaching posts. It is immediately higher to the cadre of Lecturers. Till the amendment of the C and R, Rules by the resolution dated 21-3-1994 passed by the Governing Council of the Institute, the post'of Assistant Professor was to be filled by 'selection by promotion' from amongst the Lecturers. Such a promotional avenue was not available to Assistant Surgeons.2. It was because of the above reasons, that various maneuverings were adopted by some of the Assistant Surgeons in order ...
Tag this Judgment!Court : Delhi
Reported in : 2003VIIAD(Delhi)1; 107(2003)DLT385; 2003(71)DRJ178; 2003(3)JCC1669
Pradeep Nandrajog, J. PREFACE 1. Every criminal trial is a voyage of discovery in which truth is the quest. The journey, in the present case, has been navigated by the Designated Judge of the Special Court constituted under Section 23 of the Prevention of Terrorists Activities Act, 2002 (hereinafter referred to as POTA). In the Murder Reference and the connected appeals arising out of the judgment dated 16.12.2002, we are called upon to decide the legality and validity of the trial as also the sustainability of the judgment pronounced by the Designated Judge of the Special Court, POTA. By the impugned judgment, the learned Designated Judge has held that the prosecution has successfully brought home the charge of conspiracy against accused Nos. 1 to 3, for having entered into a conspiracy with the 5 slain terrorists who had attacked Parliament House on 13.12.2001 along with Mohd. Masood Azhar, Gazi Baba @ Abu Zehadi @ Abu Seqlain and Tariq Ahmed, all Pakistani nationals (declared as pro...
Tag this Judgment!Court : Chennai
Reported in : (2008)2MLJ348
ORDERM. Venugopal, J.1. The Civil Revision Petitioners herein are the respondents in Execution Petition No. 90 of 2002 on the file of the learned Principal District Munsif, Pondicherry. 2. Before the lower Court, the respondents/petitioners in the Execution Petition No. 90 of 2002 have prayed for the relief:(i) to grant leave to them to execute the French Grosse Copy of the Usufructuary Gift Deed dated 25/04/34 as a Deemed Decree;(ii) to grant leave to execute the Deemed Decree (Section 146 C.P.C.);(iii) to deliver to the civil revision petitioners/respondents vacant and actual possession of the E.P. Schedule Mentioned Property by ejecting the respondents, bound by the decree, and if necessary by removing the person/persons bound by the said decree and further if necessary by breaking open the locks, if any, put up by the Respondents/Obstructors or person/persons, bound by the said decree, in accordance with Order XXI Rule 35(1) & (3) of the C.P.C.3. In the counter filed to the E.P. No...
Tag this Judgment!Court : Kerala
Reported in : AIR2000Ker417
Savant, C.J. 1. Heard all the learned counsel; Shri T. G. Rajendran for the petitioner, Shri M. K. Damodaran, Advocate General, for the respondents, Shri P. Santhallngam, amicus curiae, Shri Siby Mathew, Shri V. Giri. Shri Razaak, Shrl K. V. Sohan and Shri Jose as interveners. 2. This petition has been placed before this special Bench pursuant to the order passed by the Chief Justice on a reference made by a Division Bench on 24th July. 2000 referring the matter to a Larger Bench. The need to refer the matter to a Larger Bench arose since all the learned counsel appearing before the Division Bench viz; Shrl Rajendran for the petitioner, Shri Mohammed Yousef, Addl. Advocate General for the respondents and Shri Santhalingam, Amicus Curiae, pointed out that there was a clear conflict between the view expressed by a Division Bench of two learned Judges in Bar Council of Kerala v. Thankappan Pillai, 1985 Ker LT 738 and that expressed by a Larger Bench of five learned Judges in the same case...
Tag this Judgment!Court : Supreme Court of India
P. Sathasivam, J.1. The petitioners have filed the above writ petitions challenging the Members of Parliament Local Area Development Scheme (hereinafter referred to as the 'MPLAD Scheme') as ultra vires of the Constitution of India. They also prayed for direction from this Court for scrapping of the MPLAD Scheme and for impartial investigation for the misuse of the funds allocated in the Scheme.2. Though the challenge in the writ petitions and the transferred cases is to the constitutional validity of the MPLAD Scheme, in view of substantial question of interpretation of Articles 275 and 282 of the Constitution of India are involved, particularly, transfer of funds from the Union Government to the Members of Parliament, by reference dated 12th July, 2006 a three-Judge Bench headed by Hon'ble the Chief Justice of India referred the same to a Constitution Bench. In this way, the above matters are heard by this Constitution Bench.3. Brief facts:On 23.12.1993, the then Prime Minister annou...
Tag this Judgment!Court : Gujarat
Reported in : [2006]132CompCas606(Guj); [2006]71SCL274(Guj)
K.M. Mehta, J.1. Oil and Natural Gas Corporation Ltd. (hereinafter referred to as SONGC) appellant (original applicant) has filed this appeal under Section 483 of the Companies Act, 1956 (hereinafter referred to as the Act) challenging the judgment and order passed by the learned Single Judge whereby the application being Company Application No. 445 of 2000 in Company Petition No. 121 of 1995 preferred by the appellant has been rejected.2. The facts giving rise to this appeal are as under:BACKGROUND OF THE MATTER:2.1 ONGC was initially a department of the Government of India but, in view of its expanding activities in the search for strategic and vital materials like oil, petroleum and its products it was set up as a body corporate. It is now a statutory corporation constituted by and under the Oil and Natural Gas Commission Act (Central Act 43 of 1959, hereinafter referred to as the Act). The Act provides for the establishment of a Commission Sfor the development of petroleum and petr...
Tag this Judgment!Court : Karnataka
Reported in : 2005(6)KarLJ353
ORDERS.R. Nayak, J. 1. This writ petition is directed against the order of the Central Administrative Tribunal, Bangalore Bench, Bangalore (for short, 'the Tribunal'), dated 13th September, 2000 passed in O.A. No. 981 of 1999. In the said original application, the petitioner herein sought for quashing of the communication of adverse remarks under various heading as incorporated in the letter from the Chief Secretary, Government of Karnataka, dated 9-12-1997, addressed to him and marked as Annexure-Al. The Tribunal by its order impugned in this writ petition has dismissed the original application with costs of Rs. 3,000/- payable to the second respondent, namely, Sri C. Dinakar, IPS.2. The facts of the case, in brief, are as follows.-The petitioner was selected, to the Indian Police Service in the year 1976 and allocated to Karnataka Cadre. The petitioner has held several posts under the Karnataka State and the Central Government. In the month of April 1997, the petitioner was promoted ...
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