Court : Supreme Court of India
Reported in : AIR2004SC2339; 2004(5)ALLMR(SC)540; III(2004)BC122; 2004(2)BLJR1095; 2004(3)CTC674; (2004)3MLJ153(SC); 2004(4)SCALE268; (2004)6SCC756
R.C. Lahoti, J. 1. Gupte Cardiac Care center & Hospital (hereinafter 'the Hospital', for short) representing Healing Touch Angiography and Cardiac Surgery center Pvt. Ltd, both situated at Nashik, have filed Special Civil Suit No. 62 of 2002 in the Court of Civil Judge at Nashik on 20.12.2001. The defendants impleaded therein are M/s. Jostra Medizintechnic AG and Olympic Pharma Care Pvt. Ltd. situated respectively at Germany and Delhi, (hereinafter referred to as 'manufacturer' and 'dealer', for short).2. Olympic Pharma Care Pvt. Ltd., New Delhi has filed a suit against the hospital in the High Court of Delhi (Original Side) on 10.1.2002, which is registered as suit No. 190 of 2002.3. It appears that the Hospital needed a Heart-Lung Machine alongwith accessories manufactured by the German company (the manufacturer) and marketed by the 'Dealer' in India. The machine was delivered and installed. Disputes arose as the performance of the machine was not found to be satisfactory. There was ...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(9)SCALE34; (2004)6SCC210
ORDER1. These Appeals are against the Judgment of the Andhra Pradesh High Court dated 27th March, 1998. 2. The Appellants had issued G.O.Ms No. 75 dated 27th April, 1993 by which the road tax on vehicles was increased.2. That G.O. was challenged in a Writ Petition bearing No. 7315 of 1993 which came to be dismissed. The G.O. was held to be valid. Thereafter, the Respondents filed Writ Petitions claiming that road rollers were not motor vehicles under the Motor Vehicles Act, 1988 and hence no tax could be levied on road rollers.3. The High Court in the impugned Judgment holds that the imposition of tax was authorised by Entry-57 of List-II of Schedule-VII of the Constitution of India and that pursuant thereto the Andhra Pradesh Motor Vehicles Taxation Act, 1963 permitted levying of tax on vehicles using the roads. The High Court placed reliance on a Judgment of this Court in the case of Bolani Ores Ltd. v. State of Orissa reported in : [1975]2SCR138 and held that before vehicles could b...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004CriLJ2557; JT2004(4)SC373; 2004(4)SCALE256; (2004)10SCC120
Arijit Pasayat, J.1. The four appellants described as accused A-1, A-2, A-3 and A-4 faced trial along with three others for alleged commission of offences punishable under Sections 302, 120B and 148 of the Indian Penal Code 1860 (for short 'the IPC'). The Trial Court found the present appellants to be guilty of offence punishable under Section 302 IPC but not of the other two offences. Accused A-5 to A-7 were acquitted as the Trial Court held evidence to be insufficient to hold them guilty. A-1 was sentenced to undergo life imprisonment with fine of Rs. 2,000/- with default stipulation of six months. Matter was carried in appeal before the Andhra Pradesh High Court which by the impugned judgment held A-1 and A-4 guilty of offence punishable under Section 326 IPC and sentenced each to undergo RI for 10 years and to pay a fine of Rs. 1,000/- with default stipulation of four months A-2 was found guilty of offence punishable under Section 302 IPC by affirming conviction made and sentence i...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1975; 2004(5)ALLMR(SC)599; 2004(5)ALT41(SC); 98(2004)CLT254(SC); 2004(3)CTC289; JT2004(4)SC440; 2004(3)MhLj343; (2004)3MLJ155(SC); 2004(I)OLR632; 2004(4)SCALE274;
R.C. Lahoti, J. 1. Leave granted.2. Tuljabhavani Zilla Sahakari Doodh Utpadak Va Prakriya Sangh Maryadit, Osmanabad (hereinafter 'the Sangh', for short) is a cooperative society falling in one of the categories included in Section 73G of the Maharashtra Cooperative Society Act, 1960 (hereinafter, 'the Act' for short). Section 144Y of the Act makes special provision for election of officers of such societies. It reads as under:-'144Y. Special provision for election of officers of specified societies (1) This section shall apply only to election of officers by members of committees of societies belonging to the categories specified in Section 73-G. (2) After the election of the members of the committee and, where necessary, co-option or appointment, as the case may be, of members to the reserved seats under Section 73B or whenever such election is due, the election of the officer or officers of any such society shall be held as provided in its bye-laws but any meeting of the committee f...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC2026; JT2004(5)SC394; 2004(4)SCALE214; (2004)4SCC540; 2004(3)SLJ1(SC)
H.K. Sema, J. 1. In all these petitions a common question of facts and law has been raised and as such they are being disposed of by this common judgment. For brevity, we are taking the facts from Writ Petition No. 238 of 2003.2. Briefly stated the facts are as follows :-The petitioners were serving in Indian Navy as Officers. They got released from Indian Navy and are now employed in Merchant Navy. As Officers in the Indian Navy they obtained, without examination, Certificates of Service (CoS) as the 'Master of Foreign Going Ship' or 'First Class Engineer' or 'Second Class Engineer' as the case may be. The CoS was issued under Section 80, (as it then stood) of the Merchant Shipping Act, 1958 (in short 'the Act'). As the Naval Officers were granted Certificates of Service without examination, in most cases, the owners of the merchant ship would employ these persons in a lower rank than that shown in the Certificates of Service.3. The International Convention on Standards of Training, C...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC2206; (SCSuppl)2004(4)CHN93; [2004(3)JCR163(SC)]; JT2004(4)SC151; 2004(4)SCALE249; (2004)9SCC772
S.B. Sinha, J.INTRODUCTION:1. Whether in view of the provisions of the Burmah Shell (Acquisition of Undertakings in India), Act, 1976 (hereinafter referred to as 'the Act') the appellant was entitled to a renewal of lease is the short question involved in these appeals.FACTUAL BACKGROUND:2. The factual matrix of the matter is being noticed from Civil Appeal No. 1983 of 1999.3. A deed of lease was executed on or about 22.11.1967 by one Smt. Angammal wife of Shri Angappa Chettiar in favour of Burmah Shell Oil Storage & Distributing Company Limited (Burmah Shell) in respect of 23 acres and 16 cents of property/land situated in the town of Bhavani for a period of twenty years on a quarterly rent of Rs. 300/- for the purpose of 'erecting an installation and/or one or more pumps service/ filling stations together with overhead/underground tanks and other fittings for storage of petroleum products and such other facilities and buildings as the lessee may require and for carrying business is s...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC2076; 2004(5)ALLMR(SC)537; [2004(101)FLR434]; [2004(4)JCR56(SC)]; JT2004(4)SC258; (2004)IILLJ487SC; 2004(4)SCALE188; (2004)4SCC657; 2005(1)SLJ20(SC); 2004(2)LC1277
S.H. Kapadia, J. 1. This appeal by special leave is filed by the Reserve Bank of India against the judgment and order of the High Court of Rajasthan, Bench at Jaipur dated 12.12.2001 directing the appellant to consider respondent No. 1 for promotion to grade-D ignoring the fact that a high power Selection Board presided by a retired Judge of the Bombay High Court had found the respondent unsuitable for selection to the said grade.2. The facts giving rise to this appeal are as follows.3. On 1.10.1988, the Currency Officer of the appellant asked respondent No. 1 who was Assistant Currency Officer in Grade-C to look after, on 3.10.1988, the duties of M.S. Janagal, Assistant Currency Officer (Grade-B), who had proceeded suddenly on casual leave. It is the case of the appellant that respondent No. 1 herein refused to comply with the orders of the currency officer stating that he cannot be asked to discharge the functions of Grade-B officer. Accordingly, the said respondent was charge-sheete...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC2057; 2004(3)CTC582; JT2004(4)SC369; 2004(4)SCALE184; (2004)9SCC676; (2004)3UPLBEC2419
S. Rajendra Babu, J. 1. Leave granted.2. A writ petition was filed by the first respondent seeking for quashing an order dated 06.06.2003 made by the Ministry of Health and Family Planning, Government of India and direct it to process the proposal dated 28.03.2003 of the first respondent to start MDS course in six specialties in its Dental College and grant permission for the academic year 2003-2004 without insisting on permission or essentiality certificate from the State Government of Tamil Nadu and pass such further orders as the High Court may deem fit. Curiously enough, the High Court made an interim order in the following terms:-'Considering the facts and circumstances of the case, I direct the respondent to complete the processing of the application including inspection and not to pass orders until further orders from this Court. The respondent is directed to carry out the said exercise within a period of four weeks from the date of receipt of a copy of this order.'3. On passing...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1998; 2004(5)ALD120(SC); III(2004)BC494; 98(2004)CLT137(SC); JT2004(4)SC508; 2004(4)SCALE227; (2004)9SCC786
G.P. Mathur, J.1. These appeals by special leave have been preferred against the judgment and order dated 4.8.2000 of a Division Bench of Calcutta High Court, whereby the appeal preferred by respondent Nos. 1 and 2 was allowed, the order dated 11.4.1997 of the learned single Judge dismissing the writ petition was set aside and the writ petition was disposed of with certain directions.2. The respondent Nos. 2 and 3 filed the writ petition praying that a writ of mandamus be issued commanding the appellant herein to produce the entire records relating to the withholding of delivery of goods pursuant to the contracts mentioned in Annexure-A to the writ petition and also to deliver the goods mentioned in Annexure-A upon adjustment of advance payment made by them. A further prayer was made that the appellants herein be directed to take a final decision as envisaged in the letter dated 24.10.1989 (Annexure-A to the writ petition) and an injunction be issued restraining the appellants from tra...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2004(4)SC158; (2004)3MLJ132(SC); 2004(4)SCALE192; (2004)4SCC460; 2004(2)LC1300(SC)
S.B. Sinha, J. INTRODUCTION:1. Validity of sale deed dated 19.6.1985 executed by the Bangalore Development Authority (hereinafter referred to as 'the Authority') in favour of the appellant herein was questioned by the first respondent before the High Court by way of a public interest litigation which has been allowed by reason of the impugned judgment.FACTUAL BACKGROUND:2. The appellant is a company incorporated under the Companies Act engaged in printing and publishing of newspapers and periodicals. For grant of allotment of a suitable plot for establishing an industry, an application was filed by it before the said Authority and upon consideration thereof, a plot admeasuring 1 acre 20 guntas under the (BTM) was allotted on a consideration of Rs. 1,87,500/-. On the said amount having been deposited by the appellant, a deed of sale was executed in its favour by the authority on or about 29.6.1995. The appellant was also put in possession thereof. A licence for fencing the property was ...
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