Court : Supreme Court of India
Reported in : I(2001)ACC618; 2001ACJ827; AIR2001SC1832; 2001(3)ALT34(SC); [2001]105CompCas743(SC); (2001)3GLR2156; JT2001(4)SC477; 2001(2)KLT235(SC); (2001)2MLJ180(SC); RLW2001(2)SC231;
Shah, J. 1. Leave granted. 2. The common question involved in these appeals is whether the compensation payable under Section 163A of the Motor Vehicles Act, 1988 (hereinafter referred to as 'the Act') as per the structured formula basis is in addition or in the alternative to the determination of the compensation on the principle of fault liability, after following the procedure prescribed under the Act? 3. For convenience we would refer to few facts in Civil Appeal arising out of S.L.P. (Civil) No.8742 of 1999 in which the judgment and order dated 4.8.98 passed by the High Court of Gujarat at Ahmedabad in FA No.2473 of 1996 is challenged. Petition claiming compensation of Rs.2,50,000/- was filed before the Claims Tribunal on the ground that one bus bearing registration No. G.J.3T 9815 met with an accident and Mayur, son of respondent Nos. 1 and 2, aged about 6 years died as a result thereof. The claimants also filed an application under Section 163A of the Act for interim compensatio...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1804; JT1993(2)SC1; 1993(1)SCALE489; 1994Supp(1)SCC324; [1993]1SCR891
ORDER1. These petitions under Article 226 of the Constitution of India - which were originally filed in the High Court of Sikkim and now withdrawn by and transferred to this Court under Article 139-A- raise certain interesting and significant issues of the constitutional limitations on the power of Parliament as to the nature of the terms and conditions that it could impose under Article 2 of the Constitution for the admission of new State into the Union of India. These issues arise in the context of the admission of Sikkim into the Indian Union under the Constitution (35th Amendment) Act, 1975 as the 22nd State in the First Schedule of the Constitution of India.2. Earlier, in pursuance of the resolution of the Sikkim Assembly passed by virtue of its powers under the Government of Sikkim Act, 1974, expressing its desires to be associated with the political and economic institutions of India and for the representation of the people of Sikkim in India's Parliamentary system, the Constitu...
Tag this Judgment!Court : Supreme Court of India
1. Leave Granted.2. These two appeals raise the questions as to whether after coming into force of the National Council for Teacher Education Act 1993 (hereinafter referred to as `the NCTE Act') the State Governments have the power to grant recognition to the colleges which train the teachers, and whether students from the colleges not recognized by National Council for Teacher Education (in short NCTE) can be permitted to appear for the requisite examination to become teachers. Since both these appeals are filed by the same institution, they are being disposed of by a common judgment.3. Both these matters have had a chequered history. There have been several rounds of litigation which are being recorded herein below.4. The appellant claims to be an institution set up by the minority Buddhist religious community. The appellant has established a Teachers' Training College at Nirmali, District Supaul (Bihar), in the year 1987. It claims that the Chief Minister's Secretariat instructed th...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC1681; 1988(38)ELT225(SC); JT1988(3)SC313; 1988(2)SCALE218; (1988)4SCC364; [1988]Supp1SCR694
A.P. Sen, J.1. These appeals by special leave and the connected special leave petitions directed against the various judgments and orders of the Andhra Pradesh High Court involve a question of principle, and relate to location of Mandal Headquarters in the State of Andhra Pradesh under Section 3(5) of the Andhra Pradesh Districts (Formation) Act, 1974. The main issue involved is whether location of Mandal Headquarters was a purely governmental function and therefore not amenable to the writ jurisdiction of the High Court under Article 226 of the Constitution. In the present cases we are concerned with the location of 12 Revenue Mandal Headquarters.2. The avowed object and purpose of the Andhra Pradesh Dstricts (Formation) Act, 1974, as amended by the Andhra Pradesh Districts (Formation) Amendment Act, 1985 as reflected in the long title, was to bring about a change in the Revenue Administration with a view to 'bring the administration nearer to the people and to make all public service...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(57)BLJR1022; JT2009(4)SC43; 2009(3)SCALE293; (2009)4SCC590; 2009(2)LC1022(SC)
S.B. Sinha, J.1. Interpretation and application of the University Grants Commission (the minimum standards of instructions for the grant of the first degree through non-formal/distance education in the faculties of Arts, Humanities, Fine Arts, Music, Social Sciences, Commerce and Sciences) Regulations, 1985 (for short, '1985 Regulations') framed by the University Grants Commission (for short, 'UGC') in exercise of its powers conferred by Clause (f) of Sub-section (1) of Section 26 of the University Grants Commission Act, 1956 (for short, 'the UGC Act') vis-`-vis the provisions of the Indira Gandhi National Open University Act, 1985 (for short, 'the Open University Act') is in question in these appeals. They arise out of a common judgment and order dated 4.2.2008 passed by a Division Bench of the High Court of Judicature at Madras in Writ Appeal Nos. 1221 of 2005 and 82 of 2006 and Writ Petition No. 36307 of 2004.2. Indisputably, N. Ramesh (Ramesh) and Sibi Madan Gabriel (Gabriel) were ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC2187; (1989)1CompLJ105(SC); JT1988(3)SC787; 1988(2)SCALE1574; 1989Supp(1)SCC504; [1988]Supp2SCR690; 1988(2)LC680(SC)
Ranganath Misra, J.1. On July 14, 1983, a letter received from the Rural Litigation and Entitlement Kendera, Dehradun, bearing the date July 2, 1983, was directed to be registered as a writ petition under Article 32 of the Constitution and notice was ordered to the State of Uttar Pradesh and the Collector of Dehradun. Allegations of unauthorised and illegal mining in the Mussoorie-Dehradun belt which adversely affected the ecology of the area and led to environmental disorder were made. Later on another application with similar allegations was directed to be tagged with the earlier one. That is how these two writ petitions were both in the registry of this Court in a very innocuous manner as public interest litigation. The number of parties inflated both under the orders of the Court and on application to be added. Apart from the Governments of the Union and of Uttar Pradesh, several governmental agencies and mining lessees appeared in the proceedings. What initially appeared to be two...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC2030; [1987]61CompCas466(SC); JT1986(1)SC375; 1986(2)SCALE381; (1986)4SCC222; [1986]3SCR718; 1987(1)LC308(SC)
Dutt, J.1. In these Writ Petitions under Article 32 of the Constitution of India the petitioners, including the petitioner Minerva Mills Ltd. and some of its creditors, have challenged the legality of the order dated October 19, 1971 passed under Section 18A of the Industries (Development and Regulation) Act, 1951 (for short 'IDR Act') taking over the management of the textile undertaking of the petitioner, Minerva Mills Ltd., and the constitutional validity of the Sick Textile Undertakings (Nationalisation) Act, 1974 (for short 'Nationalisation Act').2. On August 20, 1970, the Central Government appointed a Committee Section 15 of the IDR Act to make a full and complete investigation of the affairs of the Minerva Mills Ltd., hereinafter referred to as 'the Company'. After the investigation was made the Central Government by an order dated October 19, 1971, authorised the National Textile Corporation to take over the management of the undertaking of the Company. The petitioners did not...
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 : Supreme Court of India
Reported in : JT1997(4)SC124; 1997(3)SCALE1; (1997)4SCC606; [1997]2SCR1086
K. Ramaswamy, J.1. These five appeals by special leave arise from the Division Bench judgment of the Allahabad High Court, made on October 28, 1986 in CM. Writ Petition No. 1244 of 1984 and batch. The primary question is as to the constitutionality of the Uttar Pradesh Sri Kashi Vishwanath Temple Act, 1983 (U.P. Act No. 29/83) (for short, the 'Act'), made for the management of the Temple of renowned Lord Vishwanath, otherwise known as Sri Adi Visheshwara of Kashi. By and large, every Hindu believes that without a visit to Kashi for bath in the river Ganges and prayer offered to Lord Shiva, life is incomplete and meaningless and every endeavour is made to visit Kashi at least once in life. The idol of Lord Shiva at Varanasi on the bank of holy river Ganges is one of the five jyotir lingas in India believed to be self-incarnated (swayam bhuva); other four, viz., (1) Rameshwaram in Tamil Nadu State; (2) Srisailam on the banks of river Krishna in Andhra Pradesh; (3) Dwarika in Gujarat Stat...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1995(3)SC581; 1995(2)SCALE772; 1995Supp(3)SCC475; [1995]3SCR377
R.M. Sahai, J.1. These are two sets of appeals filed by various Sahakari Sakkar Karkhanas, that is, Co-operative Societies of Sugarcane growers, Private Undertakings, Joint Stock companies producing sugar in the State of Maharashtra and the State itself one, directed against direction by a Full Bench of the Bombay High Court in Satara Sahakari Sakkar Karkhana Ltd. and Anr. v. State of Maharashtra and Ors. : AIR1989Bom53 that the cane growers who were not members of any Co-operative society but who were required to supply their cane under reservation order or control Orders to sugar factories with which they were attached were entitled to market price instead of price fixed by the Government, and other directed against fixation of market price for 1993-94 by the High Court at Rs. 740 as against Rs. 340 to Rs. 400 fixed by the Government.The direction issued by the Full Bench are as under:We are therefore, of the view, that unless provisions for the following are made in it, the State Or...
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