Court : Guwahati
D. Biswas, J. 1. The State of Nagaland, represented by the Secretary in the Department of Industries and Commerce has filed this petition under Article 226/227 of the Constitution praying for issuance of appropriate writ for quashing the impugned order dated 6.5.2003 passed in pursuant to the ex-parte order dated 15.7.2002 in OA No. 62/99 by the Recovery Officer, Debts Recovery Tribunal, Guwahati.2. By the impugned order, the Recovery Officer directed the Regional Director, Reserve Bank of India, Guwahati to deduct the amount of Rs. 3,99,12,814.35 from the Principal Deposit A/c of the Government of Nagaland and further to deposit the same with the Recovery Officer. It may be mentioned here that the learned Tribunal, by the order dated 15.7.2002 passed in OA No. 62/99, issued recovery certificate in favour of the respondent Bank for of Rs. 2,90,94,743.35 with interest thereon @ 10% per annum from the date of filing the application. This order was passed on an application filed by the r...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.10466-10476 OF2011STATE OF KARNATAKA & ANR. ETC. APPELLANT(S) VERSUS STATE OF MEGHALAYA & ANR. ETC. RESPONDENT(S) WITH CIVIL APPEAL NOS.101-102 OF2012CIVIL APPEAL NO.911 OF2021CIVIL APPEAL NOS.869-870 OF2022CIVIL APPEAL NO.871 OF20222 JUDGMENT NAGARATHNA J.INDEX1 Birds Eye View of Controversy ...42. Submissions .52.1. Submissions on behalf of Appellants:2. 1.1. Submissions on behalf of State of Karnataka.52.1.2. Submissions on behalf of State of Kerala.92.2. Submissions on behalf of Respondents :2. 2.1. Submissions on behalf of State of Nagaland 11 2.2.2. Submissions on behalf of State of Sikkim 22 2.2.3. Submissions on behalf of State of Meghalaya26 3. Reply Arguments.294. Points for Consideration.....345. Constitutional Scheme.35 6. Acts under consideration :6. 1. The Lotteries (Regulation) Act, 1998...626.2. The Karnataka Tax on Lotteries Act, 2004.646.3. Kerala Tax on Paper Lotteries Act, 2005....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC1867; JT1999(3)SC431; 1999(3)SCALE171; [1999]2SCR1111
A.P. Misra, J. 1. Special leave granted in all the special leave petitions. We are witnessing in this case exhibition of Federalism in true spirit. Contrary to the usual pouring in of citizen's writ petitions for vending their grievances against the States, here we are drawn to decide issue inter se between two distinct sets of States, one challenging and the other upholding certain provisions of The Lotteries (Regulation) Ordinance 1997 (Ordinance No. 20 of 1997) (hereinafter referred to as the 'Ordinance No 20') and now the Lotteries (Regulation) Act, 1998 (hereinafter referred to as the '1998 Act'). The Union Government, of course has joined this issue with one such set of States for upholding its Act. The issue here is confined to the State lotteries under Entry 40, List I of the Seventh Schedule of the Constitution of India. As a consequence of the order passed by the State of U.P. banning State lotteries of other States by virtue of power entrusted under Section 5 of the impugned...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2000)1GLR242; (1999)9SCC700; [2000]120STC302(SC)
A.P. Misra, J.1. Special leave granted in all the special leave petitions.2. We are witnessing in this case exhibition of Federalism in true spirit. Contrary to the usual pouring in of citizen's writ petitions for vending their grievances against the States, here we are drawn to decide issues inter se between two distinct sets of States, one challenging and the other upholding certain provisions of the Lotteries (Regulation) Ordinance, 1997 (Ordinance No. 20 of 1997) (hereinafter referred to as 'the Ordinance No. 20') and now the Lotteries (Regulation) Act, 1998 (hereinafter referred to as 'the 1998 Act'). The Union Government, of course, has joined this issue with one such set of States for upholding its Act. The issue here is confined to the State. lotteries under entry 40, List I of the Seventh Schedule to the Constitution of India. As a consequence of the order passed by the State of Uttar Pradesh banning State lotteries of other States by virtue of power entrusted under Section 5 ...
Tag this Judgment!Court : Supreme Court of India
1.Leave granted.Introduction2. A new State - State of Nagaland - was formed by the State of Nagaland Act, 1962 (for short, `the 1962 Act') which came into force on December 1, 1963 comprising the territories which immediately before the appointed day were comprised in the Naga Hills - Tuensang Area of the State of Assam. Prior to the 1962 Act, Naga Hills-Tuensang Areas Act, 1957 was enacted by the Parliament by which certain changes were brought about with regard to the administration of the area viz., Naga Hills - Tuensang Area within the State of Assam. The pay structure applicable to civil servants of Assam was made applicable to the civil servants of the Naga Hills-Tuensang Area and as regards the service conditions including the age of superannuation, the Central Government Fundamental Rules and Subsidiary Rules were made applicable to them. After creation of the State of Nagaland, the conditions of service of the State Government employees continued to be governed by the same Rul...
Tag this Judgment!Court : Mumbai
Reported in : AIR1930Bom569; (1930)32BOMLR1336
Blackwell, J.1. This suit is in substance, though not in form, a suit for damages for wrongful dismissal.2. In papagraph 1 of the plaint, the plaintiff alleges that on October 25, 1926, the Shire Highlands Railway Nyasaland Limited agreed to employ the plaintiff and the plaintiff agreed to serve as a boiler-maker in their workshop at Limbe, in East Africa, for a period of three years on a salary of 13 (sterling) per mensem. In paragraph fi of the plaint it is alleged as follows:-The agreement has been signed by the defendants as the agents of the said Shire Highlands Railway Nyasaland Ltd. Notwithstanding this the plaintiff claims to sue the defendants for breach of contract firstly because although the agreement purported to have been made with the Shire Highlands Railway Nyasaland Ltd., the agreement was made both in intention and effect with the defendants and it is to the defendants that the plaintiff looked for satisfaction and secondly because the said Shiro Highlands Railway Nya...
Tag this Judgment!Court : Delhi
1. Whether Reporters of local papers may be allowed to see the judgment?2. To be referred to the Reporter or not YES3. Whether the judgment should be reported in the Digest YESORDER:1.These two revision petitions by S.S. Ahluwalia and his brother Inderjit Singh are directed against the order on the point of charge dated 23rd February, 2008 passed by the Special Judge, Central Bureau of Investigation (CBI, for short). It has been held in the impugned order that a case is made out for framing of charges against the two petitioners under Section 120-B of the Indian Penal Code, 1860 (hereinafter referred to as IPC) read with Sections 419, 420, 467, 468 and 471 IPC read with Sections 5(1)(e) and 5(2) of Prevention of Corruption Act, 1947 (hereinafter referred to as PC Act for short). Substantive charges against S.S. Ahluwalia have also been framed under Sections 419, 420, 467, 468, 471 IPC as well as under Sections 5(1)(e) read with Section 5(2) of the PC Act.2. The allegation is that durin...
Tag this Judgment!Court : Supreme Court of India
2024 INSC698NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) No.265 OF2022RABINA GHALE & ANR. PETITIONER(S) VERSUS UNION OF INDIA & ORS. RESPONDENT(S) WITH WRIT PETITION (CRIMINAL) No.250 OF2022ANJALI GUPTA PETITIONER(S) VERSUS UNION OF INDIA & ORS. RESPONDENT(S) JUDGMENT VIKRAM NATH, J.1. The Writ Petition (Criminal) No.265 of 2022 and Writ Petition (Criminal) No.250 of 2022 have been filed with the following prayers: (i) Issue a writ of certiorari or any other appropriate writ quashing the Suo moto FIR bearing State Crime Police Station (SCPS) Case WRIT PETITION (CRL) NOS. 265 & 250 OF2022Page 1 of 10 No.07/2021 registered by Respondent No.2, Complaint dated 07.12.2021 by the Respondent No.3, the Findings and recommendations of the SIT constituted by the Respondent No.2 dated 24.03.2022 seeking sanction to prosecute the husbands of the Petitioners along with 28 other Team members u/s 302, 307, 326, 201, 34 IPC r/w 120-B IPC and for ...
Tag this Judgment!Court : DRAT Kolkata
Reported in : I(2007)BC53
1. Learned Advocate for the appellant is present. None has appeared for the respondents.2. The matter relates to an application under Section 5 of the Limitation Act praying for condonation of delay for filing the present appeal.3. The only point for consideration is whether sufficient reason have been ascribed for the delay and whether the reasons as shown by the applicant. Bank of India, are acceptable to the Tribunal to condone the delay and to admit the appeal.4. The sequence of events that has allegedly led to the delay in filing the appeal may be summed up as follows: The impugned order of the D.R.T., Ranchi was passed on 21st November, 2005 and the instant appeal was filed on 3rd February, 2006. In between the controlling office of the applicant-Bank as per their usual practice forwarded all papers and documents to the zonal office on 23rd December, 2005. Mr. Pradip Pal Choudhury was engaged by the zonal office as the Advocate to file and represent the case for the Bank in the ...
Tag this Judgment!Court : Central Administrative Tribunal CAT Guwahati
Reported in : (2003)(1)SLJ76CAT
1. The legality and validity as to the initiation and continuance of the proposed enquiry against the applicant under the All India Service (Discipline and Appeal) Rules, 1969 is the core issue raised in this application in the following circumstances: The applicant was recruited to the India Administrative Service (IAS for short) of the Joint Arunachal Pradesh, Goa, Mizoram and Union Territories (AGMU for short) Cadre under Section 7 of the IAS (Recruitment) Rules, 1954 by competitive Examination in the year 1965.In the year 1990 the applicant was appointed as Chief Secretary to the Government of Mizoram, which post he held till 1993. The applicant was thereafter appointed as Managing Director, DSFDC Ltd., cum Principal Secretary (SC & ST), Government of NCT of Delhi in the year 1994 and he continued to hold the said post till 1998. The applicant was subsequently appointed as full time Member of the Public Grievances Commission, Government of NCT of Delhi and the applicant retire...
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