Court : Supreme Court of India
Reported in : 2006ACJ2849; 2006(4)AWC3852(SC); [2006]133CompCas899(SC); IV(2006)CPJ17(SC); (2007)1GLR16; JT2006(12)SC369; 2006(9)SCALE678; (2006)8SCC156; 2007(2)LC1283(SC)
H.K. Sema, J.1. The challenge in this appeal is to the order dated 8th September, 2004 passed by the National Consumer Disputes Redressal Commission (hereinafter the Commission) in Original Petition No. 42 of 1996. By the aforesaid order, the Commission directed the appellant, National Insurance Company Ltd., to pay interest @ 6% on Rs. 70,38,038/- from 10th December 1990 till 8th June, 1994 within a period of eight weeks by way of damages. A limited notice was issued by this Court on 13.01.2005 on payment of interest @ 6% as damages by reason of delay in payment. 2. The sole question to be determined in this appeal is, as to whether there was any delay in making the payment of Rs. 70,38,038/- and if so, the insurance company, the appellant is liable to pay interest @ 6% for delay in payment as ordered by the Commission. 3. Few background facts may be noted:In 1990, five transit insurance were obtained by the respondent herein for covering their consignment to Sudan for their principal...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(202)ELT561(SC); JT2006(12)SC379; 2006(9)SCALE652
Markandey Katju, J.1. Since common questions of law are involved in all these appeals we are deciding them in a common judgment and for our reference we are citing the facts of the case of Ispat Industries Ltd. (Civil Appeal No. 3972 of 2001).CIVIL APPEAL NO. 3972 of 20012. This appeal has been filed against the judgment and order dated 7th March 2001 passed by the Customs, Excise and Gold (Control) Appellate Tribunal (hereinafter referred to as CEGAT), West Regional Bench, Mumbai.Heard learned Counsel for the parties and perused the record.3. The facts of the case are that the appellant is a regular importer of iron ore pellets falling under Chapter Sub-heading No. 2601.12 of the Customs Tariff Act, 1975. The present appeal relates to 14 consignments of iron ore pellets imported between 14.2.1996 to 21.2.1998. In all these cases, the mother vessel coming from abroad and carrying the cargo anchored at Bombay Floating Light (in short 'BFL'). The cargo on board the mother vessel was then...
Tag this Judgment!Court : Supreme Court of India
Reported in : IV(2006)ACC1; 2006ACJ2845; 2006(4)AWC4023(SC); [2006(111)FLR704]; (2007)ILLJ5SC; 2006(9)SCALE675; (2006)11SCC692; 2007(3)ShimLC289
S.B. Sinha, J. 1. Leave granted.2. Appellant herein is a cooperative bank. It owned a jeep. The deceased was the driver of the said jeep. The jeep was requisitioned by Respondent No. 2 for election duty. Respondent No. 4 herein was the District Election Officer. The driver for all intent and purport was under his control. On 5.5.1999, the deceased while performing his duties stayed at the residence of Respondent No. 2. The work of cleaning of septic tank at his house was going on. There was a leakage of gas from the said septic tank. The deceased allegedly on instructions of Respondent No. 2 entered the septic tank to help the workers working therein. In the process, an accident took place resulting in his death.3. Respondent No. 1 filed a claim petition claiming compensation under the Workmen's Compensation Act, 1923 (for short, 'the Act') before the Commissioner of Workmen Compensation. She had also filed an application for her employment in the Collectorate on compassionate ground. ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC262; [2006(111)FLR587]; 2007MPLJ242(SC); (2006)8SCC647; 2007(2)SLJ53(SC); 2006AIRSCW6035; 2007ILLJ557; 2007(1)AIRKarR555(SC)
S.B. Sinha, J.1. Leave granted.2. Appellant herein is a nationalised Bank. Some scheduled banks initiated a scheme commonly known as Daily Deposit Scheme. There were, however, various nomenclatures given therefore, as for example, Mini Deposit Scheme, Pygmy Deposit Scheme etc. The said schemes were introduced for mobilizing small savings from public. For the said purpose, services of deposit collectors were taken, to canvass opening of accounts, to collect deposits from the account holders at their residence/ business premises, and to deposit collections in the banks on a daily basis.3. New Bank of India, which has since merged with Appellant, had such a scheme. Respondents herein were deposit collectors in Pygmy Deposit Scheme floated by the said Bank. Under the agreement, they were entitled to commission at the rate of 3.5% of the collections made by them. Those Pygmy deposit collectors working in New Bank of India since 1979 had been allowed to continue with Appellant No. 1 upon the...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2006(12)SC416; 2006(9)SCALE644; 2007(2)LC1290(SC)
S.B. Sinha, J.1. Leave granted.2. This appeal is directed against a judgment and order dated 24.1.2006 passed by the High Court of Madhya Pradesh at Indore in Criminal Appeal No. 484 of 2001 affirming the judgment of conviction and sentence dated 3.4.2001 passed by the Special Judge, Indore in Special Case No. 44 of 2000 under Section 8 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (for short 'the NDPS Act').3. One Sabiha Khatun, an Inspector in Central Bureau of Narcotics (Bureau) received an information from an informer on 2.8.2000 that a person would carry around 1.5 kg. of opium from Indore to Mhow. The informer allegedly disclosed that the person carrying the contraband would be boarding a bus for Mhow at about 4.00 p.m. at Shivaji Vatika. The information was recorded in writing. S.K. Bajpai, Inspector and PW-5 Girwar Puri were witnesses thereto. Shivaji Vatika is almost on the other side of the Bureau. There was a pan shop just in front of the Bureau of which Giris...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC56; 2006CriLJ4765; JT2006(12)SC533; 2006(10)SCALE12; (2006)10SCC560; 2007(2)LC1327(SC)
Dalveer Bhandari, J. 1. Speedy trial as read into Article 21 as an essential part of the fundamental right to life and liberty guaranteed and preserved under our Constitution is the main issue which has arisen for adjudication in this appeal. 2. Brief facts necessary to dispose of this appeal are as follows. The appellant was working as a Manager in the State Bank of India, Sumbal, Kashmir in the year 1980. An FIR No. 34 of 1980 under Section 5(2) of the Jammu & Kashmir Prevention of Corruption Act (for short, 'the J & K PC Act') was registered against the appellant, pursuant to which the appellant was arrested on the allegation that he had received a sum of Rs. 700/- as illegal gratification, though the amount as alleged was not recovered from him, but from one Gulam Quadir. 3. On 30.4.1981 a challan under Section 173 Cr.P.C. came to be filed against the appellant before the court of Special Judge, Anti Corruption, Srinagar, Kashmir under Section 5(2) of the J & K PC Act. The appellan...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(4)AWC4027(SC); 2006(6)BomCR542; [2006(111)FLR710]; JT2006(9)SC260; (2007)ILLJ1SC; 2007(1)MhLj867; 2006(10)SCALE40; (2006)8SCC514; 2007(3)ShimLC296; 2007(2)SLJ41(SC); 2
S.B. Sinha, J. 1. Leave granted.2. Appellant (Bank) is a co-operative society registered under the Maharashtra Co-operative Societies Act, 1960. Respondents are its employees. On their superannuation they were entitled to payment of gratuity. A policy decision was taken by the Bank to extend the benefit of better rate of gratuity to a large number of its employees. A scheme was formulated therefore which was linked with a policy of Life Insurance Corporation of India who were on its roll on and from 1.12.1975. In terms of the said scheme, the rate of gratuity was to be calculated on one month's salary for every completed years of service with ceiling limit of 20 months' salary. It was operative from 1975 to 19.7.1996. The employees of the Bank accepted the said scheme and availed the benefits thereof. The said scheme was amended providing for payment of gratuity at the rate of 26 days' salary for every completed year of service with a ceiling limit of 1.7 lakhs. The said scheme was ope...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2006(9)SC272; 2006(9)SCALE670; (2006)10SCC399
S.B. Sinha, J. 1. Leave granted.2. Respondent herein is a statutory authority constituted under the Delhi Development Act, 1957. Appellant was appointed as a Junior Engineer on 12.8.1976. It is contended by Appellant that he is a Graduate Degree Holder. He is said to be senior to Respondent Nos. 2 & 3 who are diploma holders. Appellant was promoted to the post of Assistant Engineer on 29.3.2001. He made a representation for upgradation of his pay-scale to Rs. 10,000-325-15,200, with seniority, which was not granted, although similar benefits had been granted to Respondent Nos. 2 & 3. He filed a writ petition before the Delhi High Court. A learned Single Judge of the High Court by an order dated 13.8.2002, directed Respondent to consider his representation within a period of six months. The said representation was rejected by Respondent by an order dated 23.9.2002 stating that he was not entitled thereto. In support of the said order, attention of Appellant was drawn to the norms laid d...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2006(9)SC64; 2006(10)SCALE21; (2006)11SCC161
S.B. Sinha, J. 1. Leave granted.2. The ancestors of Appellant were seized and possessed of watan lands. They were known as Watandars and the land was classified in the record of rights as 'Patil Inam Land of Class VIB'. The ancestor of Respondent was inducted as a tenant in Survey Nos. 208/1 and 208/2 of Village Yaval in the District of Jalgaon, State of Maharashtra.3. The erstwhile State of Bombay enacted the Bombay Tenancy & Agricultural Lands Act, 1948 (for short, 'the Tenancy Act'). The Tenancy Act was enacted to amend the law relating to tenancies of agricultural lands and to make certain other provisions in regard thereto. By reason of the said provisions having regard to the economic and social conditions of peasants and for ensuring full and efficient use of land for agriculture, it was considered expedient to assume management of estates held by landholders and to regulate and impose restrictions on the transfer of agricultural lands, dwelling houses, sites and lands appurtena...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2006)6CompLJ603(SC); 132(2006)DLT613(SC); JT2006(12)SC351; 2006(9)SCALE634; (2006)7SCC456
Y.K. Sabharwal, C.J.The city of Delhi is an example of a classical case, which, for the last number of years, has been a witness of flagrant violations of municipal laws, town planning laws and norms, master plan and environmental laws. It is borne out from various orders and judgments passed by this court and Delhi High Court, whether in a case of shifting of hazardous and polluting industries or providing cleaner fuel (CNG) or encroachment of public land and streets or massive unauthorized construction and misuser of properties. It is a common knowledge that these illegal activities are also one of the main sources of corruption.2. The issue of commercial use of residential premises was decided by this Court by judgment dated 16th February, 2006 in M.C. Mehta v. Union of India and Ors. reported in : AIR2006SC1325 . While reversing a Full Bench decision of Delhi High Court, the stand of Municipal Corporation of Delhi (MCD) was accepted and it was held that the Commissioner of MCD is e...
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