Court : Supreme Court of India
Decided on : Mar-21-2017
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.4288 OF2017(arising out of S.L.P. (Civil) No.15362 of 2016) Ram Kishan Fauji ... Appellant Versus State of Haryana and Ors. ... Respondents JUDGMENT Dipak Misra, J.Leave granted.2. The Chief Secretary to the Government of Haryana in exercise of power under Section 8(1) of the Haryana Lokayukta Act, 2002 (for brevity, the Act) made a reference to the Lokayukta, Haryana to enquire into the allegations, namely, (i) whether the allegations of bribery levelled in the alleged Compact Disc (CD) are correct, (ii) whether Change of Land Use (CLU)/Licence was granted in pursuance of these allegations, and (iii) whether by such act, any illegality was committed. The said reference was registered as Complaint No.773 of 2013 in the office of the Lokayukta, Haryana.3. Acting on the reference made by the Chief Secretary, the office of the Lokayukta issued a public notice requesting the public in general to send any ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-14-2017
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.12845 OF2017(Arising out of SLP(CIVIL) No.20197 of 2017) Karpagam Faculty of Medical Sciences and Research Union of India and Ors. Versus .Appellant ....Respondents JUDGMENT A.M. KHANWILKAR, J.1. Leave granted.2. This appeal emanates from the judgment and order dated 19th July, 2017 passed by the High Court of Madras in Writ Petition No.18334 of 2017. The said writ petition has been filed by the appellant for quashing of the order dated 31st May, 2017, passed by the Under Secretary to the Government of India, Ministry of Health and Family Welfare (Department of Health and Family Welfare) debarring the appellant college from admitting students against 150 seats in MBBS course for the academic session 2017-18. The said order was passed by the Competent Authority of the Central 2 Government on the proposal for confirmation of conditional Letter of Permission (for short LOP) granted in favour of the app...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-22-2017
..... rs. etc. etc., (2004) 4 scc311at 354, this court struck down section 17(2) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, as follows: their management 64. the condition of pre-deposit in ..... charter within the said presidency lawfully possessed thereof." in the despatch of the secretary of state transmitting the letters patent the 33rd and 34th paragraphs are to the following effect: 33. her majesty's government are desirous of ..... the fundamental rights and directive principles of the constitution, in particular, articles 14, 15, 16, 21, 38, 39 and 46 of the constitution, is to make the quality of the life of the poor, disadvantaged and disabled citizens of society, meaningful. ..... this view was upset by an eleven judge bench of this court in rustom cavasjee cooper v. union of india, (1970) 1 scc248 and followed in maneka gandhi (supra). arbitrariness in legislation is very much a facet of unreasonableness in article 19(2 ..... the high court should be reversed, and that the decree of the subordinate judge should be restored, the appellants to have the costs of his appeal and their costs in the high court. their lordships will humbly advise his majesty accordingly. (iv) the conclusion: the ..... why the britisher, having conquered this country, has been able to carry on the administration of this country for the last 150 years and over was that he gave a guarantee of following their own personal laws to each of the various communities in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-21-2017
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.633 OF2017Indian Centre for Advancement Petitioner(s) of Research and Education Haldia (ICARE) & Anr. Versus Union of India & Anr. Respondent(s) JUDGMENT Dipak Misra, CJI. In this Writ Petition preferred under Article 32 of the Constitution of India, the petitioner No.1-Indian Centre for Advancement of Research and Education, Haldia (ICARE), a society registered under the Societies Registration Act, 1961 through its Secretary, and the petitioner No.2-ICARE Institute of Medical Sciences and Research and Dr. Bidhan Chandra 2 Roy Hospital, Haldia situated in West Bengal through its Principal have prayed for issue of a writ of certiorari for quashment of the order dated 31.05.2017 passed by the competent authority of the Government of India, Ministry of Health and Family Welfare and further to issue writ of mandamus or directing the respondents to grant recognition under Section 11(2) of the Ind...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-26-2017
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFERRED CASE (CIVIL) NO.169 OF2006Bimolangshu Roy (Dead) Through LRs Petitioners Versus State of Assam & Another Respondents JUDGMENT Chelameswar, J.1. Transferred Case (Civil) No.169 of 2006 arises out of Writ Petition, PIL NO.30/2005 on the file of the High Court of Gauhati. The vires of Assam Parliamentary Secretaries (Appointment, Salaries, Allowances and Miscellaneous Provisions) Act, 2004 (hereafter THE ACT) is questioned in the writ petition. 11 2. Brief facts of the case are as follows: On 1.1.2004 the Constitution 91st Amendment Bill, 2003 was passed by both the Houses of Parliament. This Bill after the assent of the President became an Act with modifications made to Articles 75 and 164 of the Constitution. This Act inter-alia provides under Article 164(1A)1 that the size of the Council of Ministers in the State should not exceed 15% of the total strength of the Assembly.3. At the time of the coming int...
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-07-2017
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.6691 OF2014|COMPETITION COMMISSION OF INDIA |APPELLANT | |VERSUS | | |CO-ORDINATION COMMITTEE OF ARTISTS AND | | |TECHNICIANS OF W.B. FILM AND TELEVISION AND| | |ORS. |...RESPONDENTS | JUDGMENT A.K. SIKRI, J.This appeal raises an interesting and important question of law touching upon the width and scope of jurisdiction of the Competition Commission of India (for short, the CCI) under Section 3 of the Competition Act, 2002 (hereinafter referred to as the 'Act'). Before we mention the nuances of the issue that has arisen for consideration, it would be apposite to take stock of the background facts under which the issue needs determination, as the factual canvass would provide clarity of the situation that has led to the dispute between the parties. Respondent No.2 herein, Mr. Sajjan Kumar Khaitan, is the proprietor of M/s. Hart Video having his establishment in Kolkata. He is in the business of distrib...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-02-2017
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.37 OF1992ABHIRAM SINGH .APPELLANT VERSUS C.D. COMMACHEN (DEAD) BY LRS. & ORS. .RESPONDENTS WITH CIVIL APPEAL No.8339 OF1995NARAYAN SINGH .APPELLANT VERSUS SUNDERLAL PATWA & ORS. .RESPONDENTS JUDGMENT Madan B. Lokur, J.1. The foundation for this reference relating to the interpretation of Section 123(3) of the Representation of the People Act, 1951 to a Bench of seven judges has its origins in three decisions of this Court.2. In Abhiram Singh v. C.D. Commachen[1]. the election in 1990 of Abhiram Singh to the No.40, Santa Cruz Legislative Assembly Constituency for the Maharashtra State Assembly was successfully challenged by Commachen in the Bombay High Court. While hearing the appeal against the decision of the Bombay High Court, a Bench of three learned Judges expressed the view that the content, scope and what constitutes a corrupt practice under sub- sections (3) or (3A) of Section 123 of the Repres...
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-29-2017
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.3249 OF2016State of Gujarat and Another Appellant(s) Versus The I.R.C.G. and Others Respondent(s) JUDGMENT Dipak Misra, CJI The present appeal, by special leave, assails the judgment and order dated 8th February, 2012, passed by the High Court of Gujarat in Special Civil Application No.3023 of 2003 with Civil Application No.6115 of 2004.2. The essential facts that need to be stated are that the High Court was moved by way of a public interest litigation seeking direction/order directing the State and its functionaries to make detailed survey of the mosques, dargahs, graveyards, khankahs and other religious places and institutions desecrated, damaged and/or destroyed 2 during the period of communal riot in the State in the year 2002 under the supervision and guidance of the Court and to immediately repair and restore the same within specified time limit and further command the State Government to su...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-15-2017
1 INTHESUPREMECOURTOFINDIA CIVILAPPELLATEJURISDICTION CIVILAPPEALNO.14874OF2017 (ARISINGOUTOFSLP(C)No.19445of2004) REPORTABLE STATEOFUTTARAKHAND&ORS. ...APPELLANTS VERSUS KUMAONSTONECRUSHER ...RESPONDENT WITHC.A. No.14446/2017 @ SLP(C) No.3189/2012 C.A. No.14448/2017 @ SLP(C) No.1675/2012 C.A. No.14922/2017 @ SLP(C) No.8713/2008 C.A. No.14924/2017 @ SLP(C) No.10601/2008 C.A. No.14923/2017 @ SLP(C) No.9523/2008 C.A. No.14920/2017 @ SLP(C) No.6959/2008 C.A. No.14921/2017 @ SLP(C) No.6958/2008 C.A. No.14452/2017 @ SLP(C) No.950/2012 C.A. No.14453/2017 @ SLP(C) No.1031/2012 C.A. No.14464/2017 @ SLP(C) No.948/2012 C.A. No.14465/2017 @ SLP(C) No.1169/2012 C.A. No.14468/2017 @ SLP(C) No.1197/2012 C.A. No.14469-14476/2017 @ SLP(C) No.2213-2220/2012 T.P.(C) No.76/2012 T.P.(C) No.77/2012 C.A. No.14485/2017 @ SLP(C) No.1697/2012 C.A. No.14486/2017 @ SLP(C) No.2082/2012 C.A. No.14492/2017 @ SLP(C) No.2236/2012 C.A. No.14493/2017 @ SLP(C) No.2081/2012 C.A. No.14495/2017 @ SLP(C) No.2399/2012 C.A. ...
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-12-2017
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO674OF2017MADHA MEDICAL COLLEGE AND RESEARCH INSTT. THR. ITS MANAGING DIRECTOR ..Petitioner UNION OF INDIA AND ANR. ..Respondents VERSUS JUDGMENT Dr D Y CHANDRACHUD, J1By an order dated 31 May 2017, the Union government has debarred the petitioner from admitting 150 students for the MBBS course during academic years 2017-18 and 2018-19. Besides challenging the order of debarment, the petitioner seeks a mandamus for the grant of recognition under Section 11 of the Indian Medical Council Act, 1956 (IMC Act ). In consequence, the petitioner also seeks a direction to permit it to participate in the process of counselling for admission to the 2 MBBS degree programme for the ensuing academic year. Since a bank guarantee of Rs 2 crores furnished by the petitioner is to be invoked in pursuance of the impugned decision, relief against encashment of the guarantee has been sought. 2 The petitioner was gr...
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