Court : Supreme Court of India
Reported in : AIR1993SC2335; JT1993(4)SC308; 1993LabIC2035; (1994)ILLJ94SC; 1993(3)SCALE260; (1993)3SCC723; [1993]Supp1SCR339
ORDERP.B. Sawant, J.Leave granted in all the Special Leave Petitions.1. This group of appeals is directed against the decision of the High Court dated 31st January, 1992 dismissing the appellants' appeals against the verdict of the learned Single Judge in a group of writ petitions. Both the learned Single Judge and the Division Bench in appeal, by their decisions in question have upheld the validity of the West Bengal State Health Service Act, 1990 (the 'Act') which was challenged mainly on three grounds, viz.,(a) that the State legislature did not have the competence to pass the Act and hence the Act was passed in violation of Article 252 of the Constitution.(b) the Act imposes an unreasonable restriction on the fundamental right of the writ petitioners ot practise guaranteed by Article 19(1)(g) of the Constitution.(c) the Act was arbitrary and unreasonably and, therefore, violative of Article 14 of the Constitution.Hence these appeals.2. In order to appreciate the contentions of the ...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IVAD(SC)360; AIR1996SC2426; JT1996(6)SC43; 1996LabIC2054; (1997)1MLJ7(SC); 1996(II)OLR(SC)152; 1996(4)SCALE282; (1996)4SCC37; [1996]Supp2SCR331; (1996)4UPLBEC2845
ORDERS.C. Agrawal, J.1. In Pt. Paramanand Katara v. Union of India and Ors. : 1990CriLJ671 ,this Court in the context of medico-legal cases, has emphasised the need for rendering immediate medical aid to injured persons to preserve life and the obligations of the State as well as doctors in that regard. This petition filed under Article 32 of the Constitution raises this issue in the context of availability of facilities in Government hospitals for treatment of persons sustaining serious injuries.2. Hakim Seikh (petitioner No. 2) who is a member of Paschim Banga Khet Mazdoor Samity (petitioner No. 1), an organisation of agricultural labourers, fell off a train at Mathurapur Station in West Bengal at about 7.45 P.M. On July 8, 1992. As a result of the said fall Hakim Seikh suffered serious head injuries and brain haemorrhage. He was taken to the Primary Health center at Mathurapur. Since necessary facilities for treatment were not available at the Primary Health center, the medical offi...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC2728; [2002]111CompCas617(SC); II(2002)CPJ11(SC); 99(2002)DLT76(SC); 2002(82)ECC683; 2002LC14(SC); 2002(145)ELT241(SC); JT2002(5)SC253; 2002(5)SCALE253; (2002)6SC
Kirpal, C.J.I.Civil Appeal Nos. 2330 of 2000, 3572 of 2000, 76 of 2002 and S.L.P.(C) No. 22549 of 2001:1. Leave granted.2. These appeals are against orders passed by the Monopolies and Restrictive Trade Practices Commission (hereinafter referred to as the 'MRTP Commission') whereby Indonesian manufacturers of float glass had been restrained from exporting the same to India at allegedly predatory prices.3. Respondent No. 1 is an association of float glass manufacturers in India. During March-April, 1998, complaints were made by the said respondent to the Customs Department, alleging that the Indonesian manufacturers of float glass, in association with Indian importers were allegedly indulging in heavy under-invoicing. The respondents were, however, informed by the Customs Department in Calcutta that if they had any genuine grievance, the same could be made before the Designated Authority, Ministry of Commerce dealing with anti-dumping complaints. On 26th May, 1998, the respondent No. 1 ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC2445; 2002(5)ALT19(SC); 2002(2)BLJR1626; [2002(3)JCR34(SC)]; JT2002(Suppl1)SC494; 2002(2)KLT792(SC); 2002(4)SCALE662; (2002)5SCC548; [2002]3SCR1098
Dharmadhikari, J.These special leave petitions have been filed against the common judgment of the Division Bench of Kerala High Court dated 19.1.2001 which have arisen out of two suits seeking injunction and two other suits claiming decree of specific performance of the contract of sale of two cinema theaters viz., Sangam and Pushpa in Calicut. Calicut was part of erstwhile Malabar District in State of Madras and now forms part of new State Kerala.1. An uncommon question of legal and procedural difficulty has arisen giving rise to these special leave petitions for appeal against the order of Division Bench of Kerala High Court. The subordinate Judge of Calicut dismissed the suit filed for specific performance of the agreement of sale of Sangam and Pushpa theaters by judgment dated 1.4.1978. The appeals preferred under Section 96 of the Code of Civil Procedure to the High Court of kerala were decided by common judgment with the appeals arising from the injunction matters. The judges con...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC1274; 2000(2)ALT34(SC); 84(2000)DLT450(SC); [2000(85)FLR185]; JT2000(3)SC13; (2000)ILLJ846SC; (2000)125PLR371; RLW2000(2)SC329; 2000(2)SCALE269; (2000)3SCC224; [20
S. Saghir Ahmad, J.1. Female workers (muster roll), engaged by the Municipal Corporation of Delhi (for short, 'the Corporation'), raised a demand for grant of maternity leave which was made available only to regular female workers but was denied to them on the ground that their services were not regularised and, therefore, they were not entitled to any maternity leave. Their case was espoused by the Delhi Municipal Workers Union (for short, 'the Union') and, consequently, the following question was referred by the Secretary (Labour), Delhi Administration to the Industrial Tribunal for adjudication:Whether the female workers working on Muster Roll should be given any maternity benefit? If so, what directions are necessary in this regard?2. The Union filed a statement of claim in which it was stated that Municipal Corporation of Delhi employs a large number of persons including female workers on muster roll and they are made to work in that capacity for years together though they are rec...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1959SC1073; [1959]Supp2SCR624
S.K. DAS, J.1.This is an appeal from the judgment and order of the High Court of Patna dated October 9, 1953, in Miscellaneous Judicial Case No. 181 of 1953 of that Court. It relates to a temple commonly known as the Baidyanath temple situate in the town of Deoghar within the limits of Santal Parganas in the State of Bihar. 2. For the purposes of this appeal it will be necessary to refer to some earlier litigation about this temple. The history of this temple, it is not disputed, goes back to remote antiquity. According to Hindu tradition referred to in the Siva Purana and Padma Purana, extracts from which, with translations, are given by Dr. Rajendra Lal Mitra in his paper on the Temples of Deoghar (see Journal of the Asiatic Society of Bengal, Part 1, 1883, quoted in the Bihar District Gazetteer relating to Santal Parganas, 1938 edition, pp. 373-376), the origin of the temple is traced to the Treta Yuga, which was the second age of the world by Hindu mythology. Side by side with Hind...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(5)ALD84(SC); 2006(2)ARBLR498(SC); (2007)1CALLT36(SC); (2007)3CompLJ213(SC); (2006)4MLJ456(SC); 2006(6)SCALE220; (2006)11SCC181; 2005(10)SCC353
S.B. Sinha, J.INTRODUCTION1. Oil was discovered in the Bombay High Region in 1974 whereupon a plan of rapid development of off-shore oil and gas production was embarked by the Government of India through Oil and Natural Gas Commission (ONGC). With a view to achieve exploration of production programme, ONGC appointed contractors to fulfill substantial portions of its off-shore construction requirements. Burn Standard Company Limited (for short 'BSCL') was interested in the second stage of platform construction of ONGC, i.e., structural and progress fabrication and material procurement. Four contracts were thereafter awarded in favour of BSCL for fabrication, transportation and installation of six platforms bearing No. ED, EE, WI-8, WI-9, WI-10 and N3 and associated pipelines. They were to be installed in ONGC's Bombay High Sea. CONTRACT2. The said contracts covered:(i) Material procurement and fabrication of the ED and EE jackets, piles and decks. (ii) Transportation and installation of...
Tag this Judgment!Court : Supreme Court of India
..... act are given wide publicity through public media, including television, radio, print and online media at regular intervals; (b) the programmes to reduce stigma associated with mental illness are planned, designed, funded and implemented in an effective manner; (c) the appropriate government officials including police officers and other officers of the appropriate government are given periodic sensitisation and awareness training on the issues under this act. 75. section ..... health organisation. 197 jayna kothari, social rights and the indian constitution , law, social justice and global development journal (2004). 97 part g for example, in a canadian study, brotman and colleagues found that being open about their sexual ..... laws of england defines a crime as an unlawful act or default which is an offence against the 145 public and renders the person guilty of the act or default liable to legal punishment. 292 as glanville williams observes: part k a crime is an act capable of being followed by criminal proceedings, having ..... attitude towards the role of women compounds the difficulty in accepting the logic of nergesh meerza. this approach, in my view, is patently incorrect. 41 a discriminatory act will be tested against constitutional values. a discrimination will not survive constitutional scrutiny when it is grounded ..... 42; r.c. cooper v union of india, (1970) 1 scc248at paras 43, 49; bennett coleman v. union of india, air (1972) 2 scc788at para 39; maneka gandhi v union of india, (1978) .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC5088; 2005(5)ALLMR(SC)42; 2004(4)AWC3699(SC); 2004(3)BLJR2145; 2005(3)BomCR430; (2004)4CompLJ255(SC); IV(2004)CPJ40(SC); [2005(1)JCR22(SC)]; JT2004(8)SC607; 2004(3
A.K. Mathur, J. 1. This appeal is directed against the order passed by the National Consumer Disputes Redressal Commission (hereinafter to be referred to as 'the Commission'), New Delhi whereby the Commission has dismissed the original petition of the appellant on the ground of non-joinder of necessary parties.2. Brief facts which are necessary for disposal of this appeal are as follows.The appellant is the wife of one deceased A.K. Garg who was admitted to the National Heart Institute (hereinafter referred to as 'the Institute') for medical treatment and because of the negligence of the doctors of the Institute he could not get proper medical treatment and ultimately he died. The deceased A.K. Garg was employed as Electrical Engineer in I.D.P.L, Vir Bhadra (Rishikesh). The deceased was drawing a salary of Rs. 8000/- per month at the time of his death. He left behind his family members namely; (i) Smt. Savit Garg (wife), (ii) Smt. Sushila Garg (mother), (iii) Shri Ankul Garg (son), (iv...
Tag this Judgment!Court : Supreme Court of India
Surinder Singh Nijjar, J. 1. This petition is filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 seeks a direction from this Court for appointment of the nominee Arbitrator on behalf of the respondent and also appointment of third Arbitrator (Presiding Arbitrator) in the Arbitral Tribunal to adjudicate the disputes arises between the parties. 2. The petitioner is a Company incorporated and registered under the law of Hong Kong having its project office in India and one of the base offices at Mumbai. The respondent is a Corporation registered under the Companies Act, 1956 having its registered office at Jivan Bharti Tower-2, 124, Circus New Delhi. 3. In its counter-affidavit, the respondent has raised a preliminary objection to the maintainability of the petition. It is submitted by the respondent that the petitioner has filed the present case only to bring unnecessary litigation. The arbitration petition is an abuse of process of law and the claims made are barred ...
Tag this Judgment!