Court : Supreme Court of India
Reported in : 2003(3)BLJR2228
Nagendra Rai and R.S. Garg, JJ. 1. This order shall finally dispose of CWJC No. 2740 of 2003 Larsen & Toubro Ltd. v. The State of Bihar and Ors., and CWJC No. 3827 of 2002 Larsen & Toubro Ltd. v. The State of Bihar and Ors.2. The petitioner M/s Larsen & Toubro Ltd. is registered as a dealer in commercial tax at Begusarai Circle as a works contractor. The petitioner secured a turn key contract of divisible nature from M/s Indian Oil Corporation Limited, New Delhi ('IOCL' for short) vide letter of acceptance dated 28-4-2000 followed by detailed contract agreement. The said contract agreement provides a separate schedule for supply of goods with separate consideration for the same as well as another schedule relating to erection./installation including civil portion of work to be executed, as appended to the contract. After securing the contract the petitioners secured an exclusive registration on the file of Dy. Commissioner of Commercial Taxes, Barauni, respondent No. 3. It is submitted...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC163; 2004(2)AWC1385(SC); [2004(101)FLR698]; JT2003(8)SC531; 2003(9)SCALE335; (2003)12SCC701; 2004(86)SLJ82(SC); (2004)1UPLBEC360
K.G. Balakrishnan, J.1. Leave granted.2. Three of these appeals have been preferred by the Uttar Pradesh Public Services Commission (hereinafter called as 'U.P.P.S.C.') challenging the judgments rendered on 3.10.2002 and 11.12.2002 by the Division Bench of the High Court of Allahabad in Civil Miscellaneous Writ Petitions. The U.P.P.S.C. conducted various competitive examinations and in these examinations, the U.P.P.S.C. applied a system of scaling of marks awarded by the examiners who valued the answer papers. The system of scaling of marks was invoked in the UP. Civil Judge (Junior Division) Examination held in August 2000, the result of which was published on 25.1.2001. Some of the candidates, who could not secure selection in the examination assailed the examination system adopted by the U.P.P.S.C. mainly on the ground that the introduction of scaling of marks was arbitrary and illegal. Their plea was accepted by the Division Bench and by judgment dated 3.10.2002, the Division Bench...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(5)ALLMR(SC)180; JT2004(6)SC144; (2004)1SCC497
Arun Kumar, J.C.A. Nos. 6429-31/1995 :1. These appeals arise from a suit filed by respondent in the court of Subordinate Judge at Ootacamund, State of Tamilnadu on 28th October, 1972. The parties to the suit are closely related. Respondent Taraben is the widow of Pravinlal Madhvani while Santokben, original defendant No. 1, was the widow of Vallabhdas Madhvani real brother of Pravinlal Madhvani. Santokben died during the pendency of the litigation. Her three sons who were defendants No. 2 (Ramnik), No. 3 (Praful) and No. 4 (Rajnikant) in the suit, were appellants in these appeals. Appellants Santokben and her son Praful died during pendency of the appeals. Necessary steps regarding substitution have been taken. Appellant No. 4 M/s. Bengorm Nilgiri Plantations Co. is a partnership firm.2. The family owned a tea estate in the Neelgiris area. It was known as Bengorm Tea Estate. It was a co-ownership property of the members of the family. A partnership firm was constituted under the name a...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1329; 2004(5)ALLMR(SC)236; 2003(9)SCALE594; (2004)1SCC133; 2004(1)LC565(SC)
ORDER1. The appellant herein is a specified society. On August 31, 1997, the general body meeting was held wherein it was proposed to amend the bye-laws. It was resolved in the said general body meeting that the milk supply societies to the extent of 200 litres per day in 300 days for last three years will be categorized as class 'A' societies. It was also resolved that the milk supplying societies more than 50 litres of milk daily in 300 days will be categorized as Class 'B' societies for last three years arid the societies supplying less than 50 litres of milk daily for 300 days for last three years will be categorized as Class 'C' grade societies and which would be called as nominal members. On October 24, 1997, the Divisional Deputy Registrar Cooperative Societies, Nashik Division, Nashik accorded his approval to the amendment of the aforesaid bye-laws. It is not disputed that consequent upon the amendment in the bye-laws the voters' list was prepared for holding election for const...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC319; 2003(3)ARBLR570(SC); (2004)1CompLJ317(SC); (2004)1MLJ165(SC); 2003(9)SCALE589; (2004)1SCC110; 2004(1)LC589(SC)
ORDER1. These appeals arise out of a judgment dated 1st August, 2001, passed by a Division Bench of the High Court of Delhi in FAO (OS) No. 78 of 1996, whereby and whereunder the pre-interest reference and pendente lite interest has been denied and the post-interest reference was reduced from 18% to 10% per annum. 2. The appellant's tender has been accepted by the respondent and an agreement was executed between the parties for raising 308 dwelling units. The agreement provided for resolution of dispute by arbitration. It is not disputed that the appellant completed the work. However, certain disputes arose. As per the arbitration agreement, the matter was referred to the sole Arbitrator, who entered into the reference. Before the Arbitrator, the appellant herein claimed pre-interest reference as also future interest, at the rate of 24% per annum. On 18th December, 1992, the Arbitrator gave an Award for a sum of Rs. 24,64,424/- against the appellant's claim of Rs. 46,92,461/-. The Arbi...
Tag this Judgment!Court : Supreme Court of India
Reported in : (SCSuppl)2004(1)CHN169; 97(2004)CLT634(SC); [2003(4)JCR226(SC)]; JT2003(8)SC358; (2004)2MLJ41(SC); 2003(9)SCALE368; (2003)8SCC740; 2004(1)LC469(SC)
Artjit Pasayat, J.1. Leave granted in S.L.P. (C) No. 14360 of 1998.2. Both the appeals being interlinked are disposed of together.3. Kashi Nath, the original appellant's claim of being the adopted son of Bala Bux and Smt. Nangi having been rejected by the Trial Court (Court of sub-Judge, Jaipur City), First Appellate Court (Additional District Judge, Jaipur City) and the Rajasthan High Court by the impugned judgment in second appeal, the appeal (CA No. 6974 of 1996) has been filed. The other appeal is an offshoot of the other. The claim is intricately linked with functioning as a Pujari in the temple of Thakurji Shri Gopalji in the Jaipur City. The litigation started several decades back relating to the present controversy as to adoption. There have been series of other litigations which are intimately linked with that basic issue also. During the pendency of the appeals the appellant Kashi Nath had died and his legal heirs were impleaded.4. Coming to the genesis of the dispute regardi...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2003(90)ECC521; 2003LC257(SC); 2003(158)ELT130(SC); JT2003(8)SC557; 2003(9)SCALE231; (2003)11SCC193
Ruma Pal, J.1. The respondent-assessee manufactures various items such as Fork Lift Trucks, lifting tackles, trolleys, conveyors and measuring instruments such as gauges/templates for being utilised costively in the manufacture of their final products. They claimed exemption from payment of excise duty under Notification No. 217/86-C.E., dated 2nd April 1986 for the period 1986-1995. 2. The notification in so far as it is relevant reads as follows: 'The Central Government hereby exempts goods specified in column (2) of the Table hereto annexed (hereinafter referred to as 'inputs') manufactured in a factory and used within the factory of production, in or in relation to the manufacture of final products specified in column (3) of the said Table, from the whole of the duty of excise leviable thereon which is specified in the Schedule to the Central Excise Tariff Act, 1985 (5 of 1986); Provided that nothing contained in this notification shall apply to inputs used in or in relation to th...
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2004)BC76(SC); (SCSuppl)2004(1)CHN163; [2004]120CompCas158(SC); (2004)1CompLJ114(SC); [2004(1)JCR166(SC)]; JT2003(8)SC609; (2004)1MLJ99(SC); (2004)136PLR721; 2003(9)SCALE
Sema, J.1. Heard Mr. Dhruv Mehta, learned counsel for the appellant and Mr. Ranjit Kumar, learned Senior advocate on behalf of respondent Nos. 1 & 2 at length.2. These appeals are directed against the judgment and order dated 30.05.2001 passed by the Debts Recovery Appellate Tribunal ('DRAT'), Calcutta. Two appeals were preferred before the DRAT. Appeal No. A-23/2000 was preferred by the appellant and Appeal No. A-6/2001 was preferred by the respondents herein. By the impugned judgment Appeal No. A-23/2000 was dismissed and Appeal No. A-6/2001 was allowed. In view of the order that we propose to pass, it may not be necessary to delve into the facts leading to the filing of the present appeals. Suffice it to say that during the pendency of the suit, a Memorandum of Understanding (MOU) was arrived at, in a meeting held on 18.05.1994 between the parties in which a compromise was entered into, on the sole basis of which the order impugned was rendered.3. The spinal question raised in these...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC361; 2003(4)CTC477; [2004(1)JCR140(SC)]; JT2003(8)SC296; (2003)11SCC146; (2004)1UPLBEC279
V.N. Khare, C.J.1. Leave granted in the Special Leave Petition.2. The core question involved in these writ petitions and appeal centers round the constitutional validity of reservation whether based on domicile or institution in the matter of admission into Post Graduate Courses in government run medical colleges. 3. For determination of the said question factual matrix of the matter, is being noticed from Writ Petition (Civil) No.29 of 2003.4. The petitioners who are 52 in number are original residents of Delhi. They joined various medical colleges out of Delhi for undertaking their MBBS Courses of studies against the 15% all-India quota on being qualified therefore in the All India Medical Entrance Examination.5. The appellants intended to join the medical colleges of Delhi for their Post Graduate Medical Courses. They applied for and were granted admission forms having regard to the decision of this Court in Dr. Parag Gupta v. University of Delhi and Ors. : AIR2000SC2319 , In the Bu...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004ACJ46; 97(2004)CLT643(SC); 2003(4)CTC447; [2003(4)JCR225(SC)]; JT2003(9)SC159; 2004(1)MhLj1076; (2004)2MLJ39(SC); 2004MPLJ476(SC); 2003(9)SCALE362; (2003)8SCC718
S.N. Variava, J.1. This Appeal is against a Judgment of the High Court dated 20th July, 1994.2. Briefly stated the facts are as follows:On 1st April, 1986 there was an accident which resulted in the death of one Shri Amalendu Koley. The Appellants, who are the wife and the minor child of the deceased, filed a claim before the Motor Accidents Claims Tribunal. After evidence the Tribunal found that the accident occurred due to rash and negligence driving of the driver. The Tribunal awarded compensation of Rs. 1,15,000/- for the loss of dependency and Rs. 35,000/- as general damages, The Tribunal directed payment of interest at the rate of 12% per annum. The Tribunal held that the liability of the insurance Company was limited under the Motor Vehicles Act to Rs. 50,000/-. The Tribunal held that the balance would have to be paid by the owner of the vehicle. 3. The Appellants filed an Appeal in the High Court which has been disposed of by the impugned Judgment. The High Court has held that,...
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