Court : Supreme Court of India
Reported in : AIR1996SC2531; 1996(2)ALD(Cri)366; 1996(2)ALT(Cri)821; 1996CriLJ3577; 1996(3)Crimes99(SC); JT1996(7)SC56; 1996(5)SCALE530; (1996)5SCC1; [1996]Supp4SCR249
ORDERA.M. Ahmadi, C.J. 1. Leave granted.2. Section 3(1) of the Essential Commodities Act, 1955 (hereinafter called 'the Act') provides that if the Central Government is of the opinion that it is necessary or expedient so to do for maintaining or increasing supplies of any essential commodity or for securing their equitable distribution and availability at fair prices, it may, by order, provide for regulating or prohibiting the production, supply and distribution thereof and trade and commerce therein. Section 3(2)(d) further clarifies that the order may provide, inter alia, for regulating by licences, permits or otherwise, the storage, transport, distribution, disposal, acquisition use or consumption of, any essential commodity. We may reproduce the exact words of the relevant part of Section 3 which reads as under :3. Power to control production, supply, distribution, etc., of essential commodities. -(1) xxxx xxxx xxxx xxxx xxxx xxxx(2) Without prejudice to the generality of the power...
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VIAD(SC)685; AIR1996SC2710; 3(1996)CLT359; JT1997(10)SC492; 1996(6)SCALE176; (1996)2SCC161; [1996]Supp4SCR259
1. Leave granted.2. We have heard learned Counsel for the parties in extenso.3. Notification under Section 4(1) of the Land Acquisition Act, 1894 (1 of 1894) (for short, the 'Act') was published in the State Gazette on February 14, 1986 acquiring an extent of 4 acres 2 rods 21 poles equivalent to 22, 528 sq. yd. situated in Allahabad city for public purpose, namely, planned development of the urban area. The Land Acquisition Officer determined by his award under Section 11 on October 28, 1987 a total compensation of Rs. 4,57,750.88. Dissatisfied therewith, the appellants sought reference. The Additional District Judge by his award and decree dated July 20, 1989 determined compensation @ Rs. 500 per sq. yd. He also awarded Rs. 50,000 towards the value of trees, Rs. 8,33,700 towards the value of the building together with the statutory solatium and interest. On appeal, the High Court reversed the valuation of the tress and confirmed the award of the land Acquisition Officer, namely, Rs. ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC2682; 1996(2)ALD(Cri)523; [1998]91CompCas63(SC); 1996CriLJ3981; JT1996(7)SC528; 1996(5)SCALE520; (1996)5SCC382; [1996]Supp4SCR233
M.K. Mukherjee, J.1. These appeals have been heard together as they involve common questions of fact and law and this judgment will dispose of all of them. Facts relevant for disposal of the appeals are as under: 2. In the month of July 1984, Coast Guard Ship 'Vikram' intercepted and seized a number of foreign vessels (trawlers), which were operating on permits granted under Section 5 of the Maritime Zones of India (regulation of Fishing by Foreign Vessels) Act, 1981 ('Act for short) to fish in the maritime zones of India, on the allegation that they were fishing in a depth of less than 40 fathoms of water in contravention of the terms and conditions of the permits. For the alleged contravention the Companies which owned the vessels and their Managing Directors as well the Companies which had chartered them and their Managing Directors were prosecuted before the Additional Chief Metropolitan Magistrate, Bombay on complaints filed by S.D. Baijal (the respondent No. 1 in all these appeal...
Tag this Judgment!Court : Supreme Court of India
Reported in : (1998)8SCC701
ORDER1. One Smt Phulla, the widow of Chunnilal, filed a suit for partition in the year 1965 in the Court of Civil Judge, Nasirullahganj. During the pendency of the suit, she died and Laxmi Narayan, Respondent 1 (hereinafter to be referred to as the respondent) filed an application in substitution claiming to be the legal heir of the aforesaid Smt Phulla on the basis of a registered deed of adoption dated 24-6-1967. It may be mentioned that Smt Phulla was the second wife of Chunnilal who had three sons from his first wife namely, Bhagchand, Harchand and Ram Charan. Bhagchand died in the year 1960. So far as the other two sons Harchand and Ram Charan are concerned, who shall be deemed to be the stepsons of Smt Phulla, they were impleaded as defendants in a suit aforesaid. They contested the claim of the respondent to be substituted in place of Smt Phulla. According to them, after the death of Smt Phulla they shall be the heirs and legal representatives of Smt Phulla as well. The trial co...
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