Court : Mumbai
Decided on : Jun-02-2008
Reported in : 2008(4)ALLMR339; 2008(5)MhLj289
Roshan Dalvi, J.1. Parties are brother and sister. They have filed their pleadings. Issues have been framed. It is the contention of the defendant-sister that the plaintiffs suit is barred by the Law of Limitation as seen from the plaint itself. The issue of limitation is to be decided as a preliminary issue under the provisions of Order XIV, Rule 2 of the Code of Civil Procedure. It is accordingly framed. The Advocates of the parties have been heard upon the issue of limitation.2. The suit is filed for accounts of the movable properties and assets left by the deceased Jerbai Rustomji Noble (the mother of the parties) and for administration of the same. The suit is also for a declaration that the plaintiff and the defendant are each entitled to half of the movable properties and assets of the deceased. The suit is further for a direction for the division of the properties and assets in equal shares between the plaintiff and the defendant and for the ancillary reliefs of making inquirie...
Tag this Judgment!Court : Mumbai
Decided on : Jun-02-2008
Reported in : 2008(4)BomCR719
N.V. Dabholkar, J.1. All ten writ petitions, together with four surviving civil applications therein, are being considered together, for disposal. Common factor in all these matters, is Godavari Dudhna Sahakari Sakhar Karkhana Ltd. at and post office Dev Nandra, Taluka Pathri, District Parbhani (henceforth, referred to as 'the sick factory'). The sick factory has come to grinding halt, so far as its business of production of sugar is concerned. After interim order of liquidation under Section 102 of the Maharashtra Cooperative Societies Act, 1960 ('MCS Act' for brevity's sake) dated 14.3.2002, finally, liquidation of the said sick factory, which is a specified cooperative society under Section 73-G of the MCS Act; is ordered on 15.5.2002. During the period the sick factory is under liquidation, there had been oscillation of decisions by the authorities under the MCS Act, regarding fate of the sick factory, whether to run it by granting lease or to effect sale of the same for satisfying...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-27-2008
Reported in : JT2008(7)SC194; 2008(9)SCALE166; (2008)8SCC781; 2008AIRSCW4618; 2008(3)AICLR651
Lokeshwar Singh Panta, J.1. Leave granted.2. Challenge in this appeal is to the final judgment and order dated 24.08.2006 passed by the High Court of Judicature at Allahabad whereby and whereunder the High Court has dismissed Criminal Miscellaneous Applications bearing Nos. 7792 of 2006 and 7791 of 2006 filed by the appellants under Section 482 of the Code of Criminal Procedure [for short 'Cr.P.C.'] in Case Crime No. 412 of 2005 under Sections 452, 323, 504, 506 and 427of the Indian Penal Code [for short 'the IPC'] and in Case Crime No. 21 of 2006 under Sections 452, 323, 336, 504, 506, 420 IPC respectively registered against them at Police Station, Vijay Nagar, District Ghaziabad and seeking for entrustment of further investigation of the aforesaid cases to the Central Bureau of Investigation [for short 'the CBI'].3. This case would reveal a chequered history of legal battle being fought by the appellants - the students of Santosh Medical College on one hand and the authorities of the...
Tag this Judgment!Court : Supreme Court of India
Decided on : May-27-2008
Reported in : AIR2008SC2763; 2008(4)ALD11(SC); 2008(4)AWC3426(SC); 2008(56)BLJR2012; (SCSuppl)2008(4)CHN201; 2008(4)CTC355; (2008)7MLJ826(SC); 2008(8)SCALE698; 2008(2)LC733(SC); 2008AIRSCW4595; 2008(3)CivilLJ470; 2008(4)Supreme153; 2008(3)LH(SC)2237
S.B. Sinha, J.1. Leave granted.2. Whether a disciple attached to a Mahant in one of the establishments run by a Religious Trust will have locus standi to maintain an appeal from an order of the District Judge allowing an application filed by the Trust under Section 92(1)(f) of the Code of Civil Procedure, 1908 (for short, 'the Code') is the short question which arises for consideration in this appeal. 3. One Swami Sarupanand was the founder of the Math. He was disciple of Swami Advaitanand. The latter was a religious preceptor of great learning and had a large following. Swami Sarupanand took his Samadhi at Meerut in March 1936 and according to his wishes Swami Atmavivekanand became the Mahant. He was succeeded by Swami Harsewanand who in turn was succeeded by Swami Harshankaranand. Swami Harshankaranand died on 22.02.1993. He had three disciples; Sarnanand, Premanand and Smt. Tapesara. Premanand died on 10.06.2005. He was succeeded by Swami Shankaranand. Appellant is said to have succ...
Tag this Judgment!Court : Delhi
Decided on : May-26-2008
Reported in : AIR2008Delhi192; [2009]149CompCas390(Delhi)
Mukul Mudgal, J.1. This writ petition involves the interpretation of Section 15(1), 2nd Proviso of Sick Industrial Companies (Special Provisions) Act, 1985 (hereinafter referred to as SICA), which reads as follows:15. Reference to Board.-- (1) When an industrial company has become a sick industrial company, the Board of Directors of the company, shall, within sixty days from the date of finalisation of the duly audited accounts of the company for the financial year as at the end of which the company has become a sick industrial company, make a reference to the Board for determination of the measures which shall be adopted with respect to the company:..Provided also that on or after the commencement of the Securitisation and Reconstruction of Financial and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 where a reference is pending before the Board for Industrial and Financial Reconstruction such reference shall abate if the secured creditors, represent...
Tag this Judgment!Court : Guwahati
Decided on : May-26-2008
U.B. Saha, J.1. This revision petition under Article 227 of the Constitution has been filed calling in question the legality, correctness and validity of the order dated 25th September, 2007 passed by the Sole Arbitrator in an arbitration proceeding between the parties.2. Heard Mr. S. N. Mitra, learned Counsel who appeared along with Mr. D. Jain, learned Counsel and Mr. R. Dutta, learned Counsel for the petitioner. Also heard Mr. G S. Das, learned Counsel for the respondent Tripura Jute Mills.3. The brief facts leading to the filing of this writ petition are briefly stated as under:On 7th July, 1994, the petitioner had entered into an Agreement with the respondent, Tripura Jute Mills Ltd. a Government Co. (hereinafter referred to as respondent-Jute Mill) which unless extended was to be expired on 31.7.1999. However, either party to the Agreement is/was at liberty to determine the agreement by giving three months notice. Clause No. 49 of the said agreement is reproduced hereunder:49. A...
Tag this Judgment!Court : International Court of Justice ICJ
Decided on : May-23-2008
1. By joint letter dated 24 July 2003, filed in the Registry of the Court on the same day, the Ministers for Foreign Affairs of Malaysia and the Republic of Singapore (hereinafter œSingapore?) notified to the Registrar a Special Agreement between the two States, signed at Putrajaya on 6 February 2003 and having entered into force on 9 May 2003, the date of the exchange of instruments of ratification. 2. The text of the Special Agreement reads as follows : œThe Government of Malaysia and the Government of the Republic of Singapore (hereinafter referred to as the Parties) ; Considering that a dispute has arisen between them regarding sovereignty over Pedra Branca/Pulau Batu Puteh, Middle Rocks and South Ledge; Desiring that this dispute should be settled by the International Court of Justice (hereinafter referred to as the Court) ; Have agreed as follows : M. S. Tiwari, Principal Senior State Counsel au cabinet de lAttorney-General de la Rpublique de Singapour, M. Lionel Yee,...
Tag this Judgment!Court : Patna
Decided on : May-22-2008
Sheema Ali Khan, J.1. The Land Acquisition Officer has issued a declaration under Section 6 of the Bihar Land Acquisition Act on 14-11-2006 for acquisition of land appertaining to Khata No. 2, Plot No. 41, measuring 6.15 decimals. This declaration has been challenged by the petitioners. The said land is being acquired for the purpose of construction of a military base camp for the safety and surveillance of the Indo Nepal Border.2. In this writ petition, the petitioners have made a prayer that the land of the petitioners described above should be excluded from the emergency provisions of the Land Acquisition Act and that the petitioners should get an opportunity to file objection whereby the petitioners can save their brick kiln business as according to them there are alternative lands situated adjacent to the chunk of land sought to be acquired which measures 26.14 acres.3. The facts are that the notification under Section 4 of the Act was issued and received by the petitioners on 5-...
Tag this Judgment!Court : House of Lords
Decided on : May-21-2008
LORD BINGHAM OF CORNHILL My Lords, 1. The Criminal Division of the Court of Appeal (Lord Phillips of Worth Matravers CJ, McCombe and Gross JJ: [2006] EWCA Crim 707) certified the following point of law of general public importance as involved in its decision now under appeal: “If a defendant is charged with an offence not specified in section 31(3) of the Immigration and Asylum Act 1999, to what extent is he entitled to rely on the protections afforded by article 31 of the 1951 United Nations Convention Relating to the Status of Refugees?” Differently expressed, the question is whether, to the extent that the protection given to a defendant by section 31(3) of the 1999 Act does not match that which the United Kingdom is bound in international law to give by article 31 of the Refugee Convention, our domestic law gives a defendant any remedy. The formulation of the question clearly assumes that the offence charged against the defendant is not within the scope of section 31(3)...
Tag this Judgment!Court : House of Lords
Decided on : May-21-2008
LORD HOFFMANN My Lords, 1. I have had the advantage of reading in draft the speech of my noble and learned friend Lord Hope of Craighead. For the reasons he gives, with which I agree, I too would dismiss these appeals. LORD HOPE OF CRAIGHEAD My Lords, 2. The appellants are former residents of a children’s home called Nazareth House at Cardonald in Glasgow which was run by the religious order known as the Poor Sisters of Nazareth. In May 2000 they raised separate actions of damages against the respondents in the Court of Session for loss, injury and damage in respect of physical abuse which they claim to have suffered during their time there. They maintain that they were regularly assaulted and subjected to cruel punishments, as a result of which they suffered pain and distress and long-standing psychological or psychiatric problems and that these led to their being disadvantaged in the workplace and to financial loss. The respondents deny these allegations. They also say that the...
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