Court : Supreme Court of India
Reported in : AIR2004SC2303; 2004(2)AWC1995(SC); JT2004(Suppl1)SC228; 2004(5)SCALE267; (2004)6SCC626; (2004)2UPLBEC1385
S.B. Sinha, J.1. Leave granted. 2. Applicant on of 'Hare System' in Municipal Election is the question involved in this appeal which arises out of a common judgment and order dated 30.09.2003 passed by the High Court of Uttaranchal at Nainital in A.O. No. 196 of 2003. BACKGROUND FACTS: 3. An election was held for the post of Adhyaksha, Zila Panchayat Champawat situated in the State of Uttaranchal. The appellant, the first respondent and one Bhagirath Bhatt contested therefore. The appellant got six first preference votes; whereas the first respondent got five first preference votes and the said Bhagirath Bhatt received one. Upon elimination of Bhagirath Bhatt, the appellant and the first respondent obtained six votes each. The election was held on the basis of proportionate representation purported to be by means of a single transferable vote by ballot. 4. By reason of an order dated 24.5.2003, the Returning Officer declared the said office to be vacant on the purported ground that bot...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(5)SCALE568; (2004)5SCC798
ORDER1. Permission to file Special Leave petition granted.2. Leave granted.3. The Medical Council of India has impugned the order dated 15.1.2004 passed by the High Court of Punjab and Haryana allowing the writ petitions filed by several respondents claiming to have been wrongfully deprived of their right to admission to the medical courses. Several such writ petitions were filed. Initially, an interim order was passed in CWP No. 15618/2003 on 6.11.2003 by which the High Court directed the respondents University to provisionally admit the writ petitioners to the 1st year MBBS/BDS course in accordance with law on merit within seven days. At the time of the grant of interim order it was made clear that the provisional admission granted to the writ petitioners would not confer any right upon them to claim equity at the time of the final disposal of the writ petitions or otherwise and if they were not found eligible or entitled to be admitted to the course then they would have to vacate th...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC2223; 2004CriLJ2484; JT2004(Suppl1)SC312; 2004(5)SCALE121; (2004)5SCC175
Arijit Pasayat, J.1. The concern for reformation of prisoners and improvement of prison conditions has been judicially recognised. But the same does not countenance 'holding of darbars in prisons by prisoners', 'five star hotel comforts for prisoners' or 'free entry to and exit from jail' as surface in these cases, that too by statements of admission marked by abashed inefficiency unbecoming of those who are ordained to strictly carry out their duties and responsibilities i.e., state of jail authorities and the highly placed Governmental functionaries. The Bombay High Court while dealing with the legality of order directing detention of one Arun Gawali (hereinafter referred to as 'detenu') gave certain directions, to be noted hereinafter.2. These three appeals are interlinked and have their matrix to the impugned judgment by a Division Bench of the Bombay High Court. The High Court in addition to quashing of order of detention gave the following directions:'The State Government is dire...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(5)ALLMR(SC)568; 2004(2)ARBLR119(SC); [2005]123CompCas135(SC); 2004(3)MhLj1061; 2004(5)SCALE195; (2004)5SCC325
S.B. Sinha, J.1. These appeals arise out of a common judgment and order dated 15.09.1998 passed by a Division Bench of the Gauhati High Court in FA No. 8 of 1993 whereby and whereunder an objection filed by the Union of India purported to be in terms of Section 30 of the Arbitration Act, 1940 was allowed in part.2. The parties hereto admittedly entered into a contract for construction of six permanent major bridges on Lekhabali Basar-Along Road in State of Arunachal Pradesh where for a notice inviting tender was issued by the Chief Engineer, Project Vartak, Director General (Border Roads). Shri D.D. Sharma, appellant in Civil Appeal No. 6678 of 1999, (hereinafter referred to as 'the contractor') pursuant thereto and in furtherance thereof made an offer. Negotiations admittedly took place between the parties in relation thereto.3. The notice inviting tender, inter alia, stipulated that the entire work was to be completed within 36 months from the date of handing over the site which woul...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC3976; 2004(5)ALT34(SC); 2004(52)BLJR1139; (SCSuppl)2004(4)CHN48; 2004CriLJ3857; (2004)3GLR1932; JT2004(Suppl1)SC523; 2004(7)SCALE257; (2004)4SCC666
ORDER1. This is a writ petition filed inter alia seeking a writ of mandamus calling upon the respondents to immediately seize the records pertaining to Criminal Case No.118 of 2004 titled Suresh Kumar Jethalal Sanghvi v. Rajendra Kumar Jain & Ors. pending in the Court of Metropolitan Magistrate, Court No.10, Meghani Nagar, Ahmedabad, on the ground that the proceedings in the said case was an example of, the extent to which the criminal justice system in Subordinate Courts in Gujarat is corrupted.2. This writ petition raises important issues of legal and public importance; one amongst them being the validity of the complaint filed in the Court of Metropolitan Magistrate, Court No.10, Ahmedabad in a complaint filed by the said Suresh Kumar Jethalal Sanghvi under Sections 406, 420, 504, 506(1) and 114 IPC against 4 persons named therein and consequential bailable warrants issued against the said persons by the said court.3. Many of the issues involved in the writ petition require further ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC2236; 2004(4)ALD50(SC); 2004(5)ALLMR(SC)894; 111(2004)DLT317(SC); [2004(3)JCR113(SC)]; JT2004(Suppl1)SC362; RLW2004(3)SC341; 2004(5)SCALE170; (2004)5SCC583; (2004)
S.B. SINHA, J : INTRODUCTION: How far and to what extent unaided private institutions can be subjected to regulations is the core question involved in these appeals which arise out of a common judgment and order dated 30.10.1998 passed by the High Court of Delhi in C.W.P. No. 3723, 4021, 4119, 5330 of 1997. THE LAW OPERATING IN THE FIELD: The Delhi School Education Act, 1973 (for short 'the Act') was enacted inter alia to provide for better organisation and development of school education. By reason of the provisions of the Act, school education, whether imparted in a government institution, a minority institution, an aided or unaided private institutions is sought to be regulated. The power of Administrator to regulate education in all the schools in Delhi, however, is to be made in accordance with the provisions of the Act. Section 4 of the Act provides for recognition of the institution. A scheme of management for managing the affairs of the school is required to be framed in terms ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC3982; (SCSuppl)2005(1)CHN6; 2004(3)JKJ1; JT2004(Suppl1)SC402; 2004(5)SCALE130; (2004)11SCC555
AR. Lakshmanan, J.1. Leave granted.2. These two appeals arise out of S.L.P.(C) Nos. 21469-21470 of 2002 and filed against the judgment and final order dated 10.10.2002 passed by the High Court of Jammu and Kashmir at Jammu in C.R. No. 231 of 2001 and C.R.No.4 of 2002, whereby the High Court dismissed the revision petition bearing C.R.No. 231 of 2001 of the appellant herein - J.C. Sehgal and allowed the revision petition bearing C.R,No.4 of 2002 filed by respondent No. 1 - Devi Dass.3. The short background facts of the case are as under:One Abdul Rouf Ahmed was the owner in possession of four rooms along with land appurtenant thereto. One of the said rooms and some portion of the land was given to one Raj Kumar on rent as tenant. The aforesaid Abdul Rouf Ahmed sold the entire property to one Issar Dass. Respondent Nos.2 to 5 herein are the legal heirs of the aforesaid Issar Dass. The tenant Raj Kumar accepted into Issar Dass as his landlord and a fresh rent note was executed during 1967...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC3849; 2004(5)SCALE145; (2004)11SCC223
K.G. Balakrishnan, J.1. These appeals arise out of a common Judgment passed by the Division Bench of the High Court of Allahabad. By the impugned Judgment, the Division Bench disposed of 10 Writ Petitions filed against the order passed by the Appellate Authority under U.P. Imposition of Ceiling on Land Holdings Act, 1966 (hereinafter referred to as ''Ceiling Act'). The matter relates to the fixation of ceiling under the provisions of the Ceiling Act.2. Predecessors-in-interest of Yashvir Singh (Respondent No. 3), Satvir Singh (Respondent No. 4) and Jagdishpal Singh (Respondent No. (SIC)) in Civil Appeal Nos. 424-429 of 1997 had executed a lease in 1936 in favour of Delhi Cloth & General Mills (hereinafter referred to as 'D.C.M.'). The lease was for a period of 25 years in respect of 375 bighas of land. When U.P. Zamindari Abolition & Land Reforms Act, 1950 (hereinafter referred to as 'Z.A.Act') came into force, a compensation statement was prepared under Chapter IXA of Z.A. Act and D.C...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2013)1SCC311
1. Several petitions had been filed before this Court by women organisations and on the basis of the note prepared by the Registrar General that in respect of sexual harassment cases the Complaints Committees were not formed in accordance with the guidelines issued by this Court in Vishaka v. State of Rajasthan1 and that these petitions fell under clause (6) of the PIL Guidelines given by this Court i.e. “Atrocities on Women” and in any event the Guidelines set out in Vishaka1 were not being followed. Thereupon, this Court treated the petitions as writ petitions filed in public interest.2. Notice had been issued to several parties including the Governments concerned and on getting appropriate responses from them and now after hearing the learned Attorney General for UOI and the learned counsel, we direct as follows:“Complaints Committee as envisaged by the Supreme Court in its judgment in Vishaka case1, SCC at p. 253, will be deemed to be an inquiry authority for the ...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(93)ECC617; 2004(167)ELT379(SC); JT2004(Suppl1)SC571; 2004(5)SCALE139; (2004)5SCC201
AR. Lakshmanan, J.In Civil Appeal Nos. 2357-2361/2002 1. This appeal is filed by the Commissioner of Central Excise, Surat against the final judgment and order dated 29.3.2001 of the Custom, Excise and Gold (Control) Appellate Tribunal, West Zonal Bench at Mumbai passed in Order No. C-I/1064-1068/WZB/2001 in Appeal No. E/4563-4567/95 SB(WR). In this case, the Commissioner of Central Excise held that the expenses towards advertisement which Garden Silk Mills Ltd. and owners of the processed fabrics incurred, but passed on to the dealers of these goods, were includible in the assessable value of the processed fabrics. He further held that the assessable value of the second quality fabrics sold by Garden Silk Mills Ltd. to Vareli Associates and Garden Associates should be the price at which these two concerns sold them to their dealers.2. The appeals filed by the assessee before the CEGAT were allowed and the impugned order of the Commissioner was set aside. Aggrieved by the said judgment...
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