Court : Gujarat
Reported in : AIR2002Guj59
B.C. Patel, J. 1. This petition was filed as a Public Interest Litigation as fire safety system was not provided to prevent accidents in cinema halls, factories and high-rise buildings. The petitioner sought for several directions including to take action against erring officers, who are responsible for gross violation of rules and regulations and to direct the respondents to create an independent machinery as also for mandatory agency representing various Sections of the people to monitor working of the fire safety measures. Initially, the Division Bench (Coram : R. A. Mehta, Actg. C.J. & N. N. Mathur, J.) issued notice on 1-7-1997, returnable on 21-7-1997. Thereafter, on 4-9-1997, the Court (Coram: R. A. Mehta, Actg. C.J. & N. N. Mathur, J.) considered the affidavit-in-reply filed by the respondent admitting the fact that there are large number of high-rise buildings within the municipal limits, which are said to be without the required fire safety and fire prevention equipments. Thi...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1992(60)ELT674(SC); JT1994(4)SC655; (1995)2MLJ2(SC); 1994(3)SCALE575; (1994)5SCC509; [1994]Supp2SCR281
ORDERThe Government have decided to discontinue the granting/renewal of licences for bars attached to the Indian Made Liquor retail vending shops under the Tamil Nadu Liquor (Retail Vending in Bar) Rules, 1992 with effect from the excise year commencing from the 1st June, 1993.2. The following Notification will be published in the Tamil Nadu Government Gazette.NotificationIn exercise of the powers conferred by Sections 17C, 17D, 21 and 54 of the Tamil Nadu Prohibition Act, 1937 (Tamil Nadu Act X of 1937). The Governor of Tamil Nadu hereby rescinds the Tamil Nadu Liquor (Retail Vending in Bar) Rules, 1992, with effect on and from the 1st June, 1993.(By Order of the Governor)K. MalaisamySecretary to Govt.45. The effect of the above GO. is, on and from 1st June, 1993 the Tamil Nadu Liquor (Retail Vending in Bar) Rules, 1992 came to be rescinded. Both the learned Single Judge and the Division Bench of the High Court under the impugned judgment have upheld the validity of G.O.Ms. No. 44 dat...
Tag this Judgment!Court : Chennai
Reported in : (1997)ILLJ170Mad
Janarthanam, J.1. Certain events and incidents, which formed the backdrop and setting of the present actions - Writ Appeal No. 332 of 1994 and Writ Petitions Nos. 3124, 3125 and 3917 of 1993 better it is, we feel, to relate to have a proper understanding and fine grasp, with ease and grace - of the legal implications or positions to be derived or to flow from the factual matrix, giving rise to certain issues - so moot and complicated in nature - with which, we are now called upon to decide, by giving our anxious consideration. E.I.D. Parry (India) Limited (for short,'the employer') has one of its units located at Ranipet in the State of Tamil Nadu, where sanitary ware, superphospate and insecticides are manufactured. Some of its retired employees filed applications under Section 33-C(2) of the Industrial Disputes Act, 1947 (Act No. 14 of 1947 - for, short, 'the I.D. Act'), before the Labour Court, Madras, claiming pension by alleging that pay ability of pension was a condition of servi...
Tag this Judgment!Court : Punjab and Haryana
Surya Kant, J. This order of ours shall dispose of CWP Nos. 17771 of 2003; 14179 of 2010; 18160 of 2011 as the issues involved therein are either interlinked or inter-dependent. Before extracting the facts in extenso from CWP No. 17771 of 2003, it being the oldest, we deem it appropriate to tersely refer to some of the orders passed by different Division Benches, resulting into placement of these cases before a larger Bench even in the absence of a formal reference order. CWP No. 17771 of 2003 2. Sehajdhari Sikh Federation - a registered Political Party has preferred this writ petition statedly in public interest, seeking quashing of the Notification dated 8th October, 2003 issued by the Central Government purportedly in exercise of its powers under Section 72 of the Punjab Re- organization Act, 1966 (in short, `the 1966 Act') whereby Sections 49 and 92 of the Sikh Gurdwara Act, 1925 (in short, `the 1925 Act') have been `amended' to the extent of denying the Sehajdhari Sikhs their righ...
Tag this Judgment!Court : Karnataka
(Prayer: These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India praying to strike down the impugned rules notified dated 2.4.2016 issued by R-1 at Annexure-A as being Ultra Vires of the Motor Vehicles Act, 1988 and Violative of Articles 14, 19(1)(G) and 301 of the Constitution of India and etc.This Writ Petition is filed under Articles 226 and 227 of the Constitution of India praying to quash the Karnataka On-Demand Transportation Technology Aggregators Rules, 2016, produced as Annexure-A.These Writ Petitions are filed under Articles 226 and 227 of the Constitution of India PRAYING to strike down the Karnataka On-Demand Transportation Technology Aggregators Rules, 2016, passed by R-1, notified dated 2.4.2016 produced at Annexure-A as being Ultra Vires of the Motor Vehicles Act, 1988 and Violative of Articles 14, 19(1)(G) and 301 of the Constitution of India and etc.) 1. Information Technology, and globalization have revolutionized our lives. The introduc...
Tag this Judgment!Court : Chennai
Prayer : Writ Petition is filed under Article 226 of the Constitution of India, praying for a Writ of Certiorari, to call for the records on the file of the respondent in proceedings Nil, dated 11.06.2010 and subsequent notion in proceedings Na.Ka.2297/A2/2010, dated 29.07.2010 and quash the same, as illegal, incompetent and without jurisdiction.O R D E R1. Challenge in this writ petition, is to the competence of a Block Medical Officer, who exercised the power under the Tamil Nadu Public Health Act, 1939, and other provisions of the Act, and closed down a Hospital, named "Get Well", Tirukoilur. The Hospital, where treatment was given, began unwell on 11.06.2010, when it was found difficult in meeting out certain defects, alleged to be violations and consequently, sealed. Another proceeding impugned in this writ petition is to the order, rejecting the request of the petitioner to open the hospital.2. According to the petitioner, he has completed bachelor of Homeopathy Medicine and Surg...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC3125; 1999(4)ARBLR502(SC); 1999(3)BLJR2191; JT1999(5)SC422; 1999(4)SCALE516; (1999)9SCC620; [1999]Supp1SCR146
ORDERS.B. Majmudar, J.1. Leave granted in the Special Leave Petitions.2. These appeals and writ petitions mainly raise the question regarding the legality of the levy of market fee under the provisions of Bihar Agricultural Produce Markets Act, 1960 (hereinafter referred to as the 'Market Act' for short). The grievance made by the appellants/writ petitioners pertained to the following commodities with which the respective proceedings are concerned.1. Sugarcane, Sugar and Molasses (briefly referred to as 'Sugar matters');2. Wheat products Atta, Maida, Suzi, Bran etc.;3. Vegetable Oil;4. Rice milling;5. Milk and milk products;6. Tea.It will, therefore, be appropriate to deal seriatim the grievances centering round the levy of market fee on transactions concerning the aforesaid commodities.GRIEVANCES IN CONNECTION WITH MARKET FEE CONCERNING SUGAR MATTERS3. So far as this group of matters is concerned, first two Civil Appeal Nos. 398 and 399 of 1977 arise out of certificates of fitness gra...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2008)7MLJ64(SC); 2008(10)SCALE567; (2008)9SCC243; 2009(1)SLJ1(SC); 2008AIRSCW6564; 2008(4)LH(SC)2993
G.S. Singhvi, J.1. Whether the policy of reservation of posts for Scheduled Castes/ Scheduled Tribes can be applied at the stage of giving effect to cadre restructuring exercise undertaken pursuant to letter No. PC-III/2003/CRC/6 dated 9.10.2003 issued by the Railway Board is the question which arises for determination in the above noted appeals filed against the orders of Punjab & Haryana High Court which upheld the decision of Chandigarh Bench of the Central Administrative Tribunal (hereinafter referred to as `the Tribunal') to quash para 14 of the said letter and the direction given for making appointments de hors the policy of reservation. The special leave petition filed by the Union of India against the order of Allahabad High Court is being disposed of along with appeals because the issue arising therein is similar.2. For the sake of convenience, we have taken the facts from the record of Civil Appeal Nos. 6934-6946 of 2005. The same are:(i) Respondents Pushpa Rani and six other...
Tag this Judgment!Court : Delhi
Reported in : 1999IVAD(Delhi)645; 80(1999)DLT230
ORDERK. Ramamoorthy, J.1. The petitioner has filed the writ petition challenging the adverse remarks made by the High Court for the years 1994 and 1995 at one go and seeking promotion from the date on which his juniors were promoted to the Delhi Higher Judicial Service. The facts have to be stated in some detail in view of the circumstances under which the petitioner's case has been dealt with by the High Court. The petitioner joined Delhi Judicial Service on 28.1.1978. He was put on selection grade of Rs. 3700-5000 in June 1993 w.e.f. 31.5.1991 as he has been having good service record. The petitioner was assigned with the work of Addl. Rent Controller for the period from 22.3.1992 to 24.8.1995 by the High Court. By order dated 8.6.1993 the petitioner was entrusted financial powers by the learned District Judge. The order reads as under :- 'Whereas Shri J.B. Geol, Addl. District & Sessions Judge and Shri R.P. Malik, Drawing and Disbursing Officers of this office will not be available ...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(56)BLJR2254; 2008AIRSCW5964; 2008(4)LH(SC)2896
S.B. Sinha, J 1. Leave granted.INTRODUCTION2. Several questions of grave importance including the constitutional validity of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short 'the Act'), the standard and extent of burden of proof on the prosecution vis-`-vis accused are in question in this appeal which arises out of a judgment and order dated 9.06.2006 passed by the High Court of Punjab and Haryana in Criminal Appeal No. 810-SB of 2000 whereby and whereunder an appeal filed by the applicant against the judgment of conviction and sentence dated 7.6.2000 under Section 22 and 23 of the Act has been dismissed.PROSECUTION CASE3. Appellant is an Afghan national.4. He was arrested and later on prosecuted under Sections 22 and 23 of the Act allegedly for carrying 1 kg 400 grams of heroin as a member of crew of Ariana Afghan Airlines.5. Appellant arrived at Raja Sansi Airport at about 6 p.m. on 1.08.1997. He presented himself before the authorities under the Customs Act, 1962 ...
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