Court : Andhra Pradesh
Reported in : 2006(2)ALD1; 2006(1)ALT785
ORDERJ. Chelameswar and Goda Raghuram, JJ.1. We have had the benefit of perusing the painstaking and meticulously crafted judgment of our learned brother Hon'ble Mr. Justice V.V.S. Rao. We agree with the OPERATIVE conclusion that the appointments of over 200 candidates (party respondents) ought not to be invalidated as these persons having been appointed as lecturers/Readers have continued as such for over a decade, have settled down, got married, begot children and are now of an age disabling them from securing alternative employment. Some of these persons had already resigned, some have retired, some have died and the dependents of those who have died are also being given pension. If at this stage their initial appointments are declared invalid the social costs in terms of human misery and individual privations would be incalculable. Besides, for the resultant vacancies the petitioners may either be not interested in applying at this distant point of time, may not be able to compete ...
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under Article 226 of the Constitution of India - which were originally filed in the High Court of Sikkim and now withdrawn by and transferred to this Court under Article 139-A- raise certain interesting and significant issues of the constitutional limitations on the power of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
Reported in : AIR1977SC1361; (1977)3SCC592; [1978]1SCR1
M.H. Beg, C.J.1. Original Suits Nos. 1 to 6 of 1977, before us have been filed on behalf of the States of Rajasthan, Madhya Pradesh, Punjab, Bihar, Himachal Pradesh and Orissa against the India under Article 131 of the Constitution of India. There are (sic) before us three writ Petitions, Nos. 67 to 69 of 1977, by three members of the Legislative Assembly of the State of Punjab against Union of India and Shri Charan Singh, the Home Minister in the Government of India and Shri Zail Singh, Chief Minister of Punjab. (sic) six suits and the three Writ Petitions raise certain common quesis(sic) of law and fact. They were, therefore, permitted to be argued (sic). We have already dismissed the suits and petitions after ring them at length and now; propose to state our reasons for doing as stated in our order of 29th April 1977. Before dealing with questions of fact and law I will indicate the nature of the reliefs; (sic) by each plaintiff under Article 131 and the grievance of each (sic)tione...
Tag this Judgment!Court : Karnataka
Reported in : AIR2005Kant205
ORDERV. Gopala Gowda, J.1. (i) In these batch of writ petitions, the prayer in W.P. Nos. 33120-21 and 33237-29, 48429-38, 46814, 46815, 46816, 46817, 49936, 49937 and 51804/2003 filed by the Karnataka State Road Transport Corporation (KSRTC)/North West Karnataka Road Transport Corporation (hereinafter called as 'NWKRTC' in short) is to quash the Contract Carriage Permits granted to private operators, some of them are also contesting respondents in these petitions. The contentions urged in these petitions, objections filed by both State and permit holder respondents and other allied matters pertaining to these writ petitions are dealt with in paragraph 4 of this order.(ii) In W.P. Nos. 30657-60 and 52160-61/2003 filed by private operators/permit holders of the vehicles, the prayer is to direct the State respondents not to enforce the terms, conditions and instructions issued in the Circular No. STA.6/PR-02/2003-04, dated 5-4-2003 issued by the Chairman, Karnataka State Transport Authori...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC440; [1988]172ITR713(SC); JT1987(4)SC672; 1987(2)SCALE1322; 1988Supp(1)SCC401; [1988]2SCR431
E.S. Venkataramiah, J.1. Shri Baburao alias P.B. Samant, the petitioner herein, who has argued this case in person with great clarity and precision has raised the following contentions in this petition.(1) The Proclamation of Emergency issued on 3.12.1971 by the President of India was either ultra vires the Constitution or had ceased to be in operation on 4.2.1972.(2) The Proclamation of Emergency dated 25.6.1975 issued by the President of India on 26.6.1975 was either ultra vires the Constitution or had ceased to be in operation on 26.8.1975; (3) The House of the People (Extension of Duration) Act, 1976 (No. 30 of 1976) is ultra vires the Constitution; and (4) The Finance Act, 1976 (66 of 1976) is ultra vires the Constitution.2. Although the petitioner had also challenged Section 13 of the Constitution (42nd Amendment) Act, 1976 and Clause (c) of Section 3 of the Constitution (24th Amendment) Act, 1971 in the petition he did not press these two contentions at the hearing of the petiti...
Tag this Judgment!Court : Kolkata
PINAKI CHANDRA GHOSE, J. :1. This appeal is directed against a judgment and/or order dated 28th September, 2011. The appellants have challenged the Singur Land Rehabilitation & Development Act, 2011 (hereinafter referred to as the ‘said Act’) and the rules framed thereunder before the Hon’ble Single Judge and prayed for a declaration that the said Act and all consequences following from the Act is illegal, invalid, unconstitutional and/or void. A writ of certiorari is prayed for calling upon the Respondents to produce all Records including documents and/or decision of and/or Records of State Government in connection therewith.2. The grounds for assailing the said Act the writ petitioner put forwarded the grounds are that the said Act of 2011 is a colourable piece of legislation and constitutes a fraud on the Constitution of India and violates the rights guaranteed to the petitioners under Articles 14 and 300A of the Constitution of India.3. It is further stated th...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC2288; JT1998(4)SC58; (1998)IIIMLJ100(SC); 1998(3)SCALE482; (1998)5SCC643; [1998]3SCR206
Sujata V. Manohar, J.1. Leave granted. This group of appeals arises from a judgement of the Division Bench of the Patna High Court dated 9.3.1994 in a group of writ petitions filed by the teaching and non-teaching staff of various Sanskrit Schools in the State of Bihar. These Sanskrit Schools were private schools. They were said to have been taken over by the State of Bihar under Ordinance 32 of 1989. The teachers and staff of these schools claimed that as a result, they had become Government servants. They filed before the High Court petitions for payment of salary and other emoluments on the basis that they were Government servants with effect from coming in into force of Ordinance 32 of 1989 and they continue to be so thereafter, although the last of the series of Ordinances expired by lapse of time on 30th of April, 1992.2. The High Court has held that the petitioners before it would be entitled to get their salary which they were getting prior to the promulgation of the Ordinances...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1295; 2003(10)SCALE14; (2004)1SCC712
R.C. Lahoti, J. 1. W.P. (C) No. 276/2001 filed on June 22, 2002, lays challenge to the constitutional validity of the Indian Council of World Affairs Ordinance, 2001 (No. 3 of 2001), promulgated by the President of India on May 8, 2001, in exercise of the powers conferred by Clause (1) of Article 123 of the Constitution of India, During the pendency of this petition the Ordinance came to be replaced by an Act of Parliament, namely, the Indian Council of World Affairs Act, 2001 (Act No. 29 of 2001), which came into force w.e.f. September 1, 2000. On 19.10.2001 W.P.(C) No. 543/2001 was filed laying challenge to the constitutional validity of this Act. Both the petitions have been filed under Article 32 of the Constitution of India and respectively allege the Ordinance and the Act to be violative of Articles 14, 19(1)(a), 19(1)(c) and 300A of the Constitution. Factual backdrop: 2. In the year 1943, the Indian Council of World Affairs was formed by about 50 distinguished eminent public per...
Tag this Judgment!Court : Karnataka
(Prayer: These Writ Petitions filed under Articles 226 and 227 of the Constitution of India, praying to declare that the land acquisition proceedings initiated against the schedule lands belonging to the petitioners have been lapsed by virtue of the coming into force of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. These Writ Petitions filed under Articles 226 and 227 of the Constitution of India, praying to quash the award dated 30.4.2010 in respect of Sy.No.70/7 measuring 14 guntas of Bomanahalli Village, Begur Hobli, Bangalore South Taluk is concerned vide Annexure-D and etc; This Writ Petition filed under Articles 226 and 227 of the Constitution of India praying to declare that the preliminary notification dated 7.11.2002 [Annexure-H] issued under Section 17[1] of the BDA Act and the final notification dated 9.9.2003 [Annexure-J] issued in so far as the schedule property is concerned under Section 19[1] of the BDA Ac...
Tag this Judgment!Court : Mumbai
Reported in : 2005(2)ALLMR16; 2005(2)BomCR853; 2005(1)MhLj798
A.P. Shah, J.1. These petitions under Article 226 challenge a common order passed by the Scheduled Tribe Scheduled Caste Certificate Scrutiny Committee, Konkan Division, Thane dated 11th June, 2004 invalidating the caste certificates of almost 200 persons including the petitioners which certificates certified them as belonging to the 'Thakar' Scheduled Tribe falling under Entry 44 of Scheduled Caste, Scheduled Tribes Order (Amendment) Act, 1976. The 200 persons were seeking caste validity certificates for diverse purposes, including admission to professional courses, seeking employment or promotion in government and semi-government bodies and corporations etc. There is no dispute that all of the applicants belong to the 'Thakar' community. This is borne out by the very first sentence of the impugned order, which states that the applicants are all Thakars from Sindhudurg (erstwhile Ratnagiri) district. The Scrutiny Committee however, relying upon certain passages from R. E. Ethoven's 'T...
Tag this Judgment!