Court : Madhya Pradesh
Reported in : 2002(1)MPHT315
ORDERDipak Misra, J. 1. The centrum, issue that we are obligated to advert to in this batch of writ petitions, which are inseggregable and inseverable, is 'education' that makes a man a complete human being in its conceptual essence and connotativecontinuum. In the days of yore, a realised poet Bhartruhari sang in the glory of 'Vidya' in the following terms:--'VIDYA NAAM NARASYA ROOPAMADHIKAMPRACHHANNA GUPTAM DHANAMVIDYA BHOGAKARI YAASHAH SUKHAKARIYIVIDYA GURUNAM GURUHVIDYA BANDHUJANO VIDESHGAMANEVIDYAPARAM DAIVATAMVIDYA RAJASUPUJYATE NAHI DHANAMVIDYA BIHINAH PASHUH.'A free translation of the aforesaid verse would mean that education is the most resplendent exposition of a man and in it inheres the concept of quintessential treasure. It is the bedrock of all happiness, fame and pleasure. Education is the preceptor of the teacher and acts as a dear friend in travel and is the supreme God, the creative intelligence. It is education but not money which is honoured and respected in the roy...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(3)ALD474; 2004(3)ALT417
B. Sudershan Reddy, J.1. In this second round of litigation the constitutional validity of Section 12-A of the Andhra Pradesh Co-operative Societies Act, 1964 (Act No. 7 of 1964) (for short 'the Act') as substituted by Act No. 16 of 2003 is once again challenged and put in issue. The attack is based upon more or less similar grounds that were raised in the previous round of litigation that resulted in the decision in M. Krishnama Naidu and Ors. v. State of A.P., : 2003(5)ALD516 (DB).Factual backdrop:2. The petitioners herein are mainly aggrieved by the action of the respondents in proposing to transfer the assets or assets and liabilities of the co-operative sugar factories in question, in whole or in part, to any other society or person, etc. The orders passed by the Registrar of Co-operative Societies, Andhra Pradesh under Section 12-A(1) of the Act in purported public interest are challenged; and so also the consequential proceedings about which we shall refer in detail hereinafter....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2004)1CompLJ50(SC); (2003)184CTR(SC)450; [2003]263ITR707(SC); JT2003(Suppl2)SC205; 2003(8)SCALE287; (2004)10SCC1
Srikrishna, J. 1. Leave granted. 2. These appeals by special leave arise out of the judgment of the Division Bench of Delhi High Court allowing Civil Writ Petition (PIL) No. 5646/2000 and Civil Writ Petition No. 2802/2000. The High Court by its judgment impugned in these appeals quashed and set aside the circular No.789 dated 13.4.2000 issued by the Central Board of Direct Taxes (hereinafter referred to as 'CBDT') by which certain instructions were given to the Chief Commissioners/Directors General of Income-tax with regard to the assessment of cases in which the Indo - Mauritius Double Taxation Avoidance Convention, 1983 (hereinafter referred to as 'DTAC') applied. The High Court accepted the contention before it that the said circular is ultra vires the provisions of Section 90 and Section 119 of the Income-tax Act, 1961 (hereinafter referred to as 'the Act') and also otherwise bad and illegal. 3. It would be necessary to recount some salient facts in order to appreciate the plethora...
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(2)ALD1; 2003(1)ALT636
Motilal B. Naik, J.1. The issues involved in these two Writ Petitions are inter-related and are heard and disposed off together by the following common order.2. Writ Petition No. 239 of 2000 is filed by the Government of Andhra Pradesh, represented by its Principal Secretary to Government, Revenue (Endts.I) Department, Hyderabad, (2) Commissioner, Endowments Department, Government of Andhra Pradesh, Tilak Road, Hyderabad and (3) The Assistant Commissioner, Sri Bramarambika Mallikarjuna Swamy Devasthanam, Srisailam, Kurnool District assailing the judgment of the Andhra Pradesh Administrative Tribunal passed in O.A. No. 7137 of 1999 dated 27-12-1999. Whereas Writ Petition No. 602 of 2000 is filed by Sri G. Kesavulu, Executive Officer (under transfer), Srisailam Devasthanam questioning the competency of the Upa-Lokayukta of Andhra Pradesh, Hyderabad, sole respondent in the said Writ Petition, in issuing the interim order on 15-11-1999 and final order on 15-12-1999 in complaint No. 792/99/...
Tag this Judgment!Court : Patna
Shiva Kirti Singh, J.1. All the writ petitions covered by this common judgment have been heard together on the admitted premise that they seek to challenge the constitutionality, legality and vires of Sub-section (4) of Section 23 of the Bihar Tenancy Act, 1885 (hereinafter referred to as 'the Act'), which has been inserted by Bihar Tenancy (Amendment) Act, 1993 (Bihar Act 21/1993), as well as of provisions in the Bihar Rent Refixation Rules, 1995 (hereinafter referred to as 'the Rules).2. During the hearing of these writ petitions on several dates no dispute or controversy of facts was raised before this Court. All the writ petitions have been argued on the basis of undisputed understanding that on account of fresh assessment of rent under the impugned provisions, treating the land to be under non-permissible industrial or commercial use and, therefore, amenable to revised rent on the basis of its market value, the liability of the petitioners towards rent payable to the State under ...
Tag this Judgment!Court : Karnataka
Reported in : ILR2001KAR1809; 2001(2)KarLJ534
ORDER1. By these petitions, the petitioners have sought for grant of following reliefs in their favour, in the circumstances of the case. The reliefs read as under.-(a) declare that the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 and the rules framed thereunder are void by reason of being violative of the Constitution of India and beyond the legislative competence of the Parliament; (b) the Debt Recovery Tribunal for Karnataka and Andhra Pradesh established at Bangalore City as being void; (c) the scheme of the Act as unreasonable and unfair and violative of Articles 14 and 21 of the Constitution of India. And by issue of writs of mandamus, Certiorarl and other appropriate writs, orders and directions; (d) direct the respondents 1 and 2 not to give effect to the Act; (e) quash the notification vide Annexure-A, dated 30-11-1994 constituting the Debt Recovery Tribunal for Karnataka and Andhra Pradesh at Bangalore City vide Annexure-A and also the order dated 29...
Tag this Judgment!Court : Orissa
Reported in : 2005(I)OLR295
A.K. Patnaik, J.1. During July 1999 some local dailies reported about a sex racket in which a Physical Training Instructor of Balasore was luring young girls on false pretence for high officials. A letter dated 29.7.1999 relating to the incident was received by the then Acting Chief Justice of this Court from AB (name withheld) and the letter was registered as a writ petition bearing O.J.C. No. 9654 of 1999. In the said writ petition, the State of Orissa through the Secretary to Government of Orissa, Home Department and the Orissa State Commission for Women were impleaded as opposite parties No. 1 and 2 respectively. A counter affidavit was filed on behalf of the Orissa State Women Commission, but no counter affidavit was filed on behalf of the State of Orissa, Home Department. Thereafter the said writ petition was heard and by order dated 24.8.1999 the Court closed the matter after considering the report of the Orissa State Women Commission. Thereafter, a fresh writ petition O.J.C. No...
Tag this Judgment!Court : Mumbai
Reported in : 2000(1)ALLMR388; [2002]109CompCas659(Bom); [1998(79)FLR547]
S. Radhakrishnan, J.1. Heard learned counsel for all the respective parties at length. This is a petition filed by the petitioner-company for sanction of a scheme of amalgamation of R.P.G. Transmission Limited with K.E.C. International Ltd. R.P.G. Transmission Ltd. is the transferee-company and K.E.C. International Ltd. is the transferor-company. This petition seeks a relief of amalgamation of R.P.G. Transmission Ltd. transferee-company with the petitioner-company viz., K.E.C. International Ltd. as per the scheme of amalgamation, which is annexed as Exhibit E to the petition.2. The petitioner-company was originally incorporated on May 7, 1945, in the name of Kamani Engineering Corporation Ltd. Thereafter the name was changed to the present name and a fresh certificate of incorporation consequent on change of name was issued by the Registrar of Companies on June 5, 1984. The transferor-company viz., the petitioner-company has subscribed 3,23,85,854 equity shares of Rs. 10 each. Out of t...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC2176; 1991CriLJ3086; 1991(3)Crimes232(SC); (1991)2GLR1138; JT1991(3)SC617; 1991(2)SCALE501; (1991)4SCC431; [1991]3SCR936
ORDERK.N. Singh, J.1. On 25th September, 1989, a horrendus incident took place in the town of Nadiad, District Kheda in the State of Gujarat, which exhibited the berserk behaviour of Police undermining the dignity and independence of judiciary. S.R. Sharma, Inspector of Police, with 25 years of service posted at the Police Station, Nadiad, arrested, assaulted and handcuffed N.L. Patel, Chief Judicial Magistrate, Nadiad and tied him with a thick rope like an animal and made a public exhibition of it by sending him in the same condition to the Hospital for medical examination on an alleged charge of having consumed liquor in breach of the prohibition law enforced in the State of Gujarat. The Inspector S.R. Sharma got the Chief Judicial Magistrate photographed in handcuffs with rope tied around his body alongwith the constables which were published in the news papers all over the country. This led to tremors in the Bench and the Bar throughout the whole country.2. The incident undermined ...
Tag this Judgment!Court : Gujarat
Reported in : (2004)1GLR116
1. Before adverting to the facts of the present case, it would be proper to refer to the decision of the Karataka High COurt in the matter of YR Shenoy v. Syndicate Bank, reported in 2003 II LLJ page 977, para 11 and 12 as the same are important in view of the facts of the present case. Therefore, the observations made by the Karnataka High COurt in the said decisions are reproduced as under:'11. Re point No. (i): Right to gratuity was the subject matter of various decisions of the Supreme Court. The principle deducted from those decisions can be broadly stated as under:The fundamental principle underlying gratuity is that it is a retirement benefit for long service as a provision for old age. Demands of social security and social justice made it necessary to provide for payment of gratuity. On the enactment of Payment of Gratuity Act, 1972 a statutory liability was cast on the employer to pay gratuity. Pension and gratuity coupled with contributory Provident Fund are well recognized r...
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