Court : Supreme Court of India
Reported in : JT2007(11)SC131; 2007(11)SCALE142; (2007)8SCC688; (2009)20VST680(SC)
C.K. Thakker, J.1. All these criminal appeals are filed by Municipal Corporation of City of Thane ('Corporation' for short) against M/s Vidyut Metallics Ltd.- respondent No. 1 aggrieved by the order dated June 14, 2001 passed by a Single Judge of the High Court of Judicature at Bombay in Criminal Writ Petition Nos. 593, 594, 595 & 596 of 1996. By the said order, the learned Single Judge dismissed the writ petitions filed by the Corporation and confirmed the order passed by the VIth Additional District & Sessions Judge, Thane holding that the respondent No. 1 herein was not liable to pay octroi at the rate of 1%, but only at the rate of 0.5%.2. Short facts giving rise to the present appeals are that the respondent No.1 is a Company registered under the Indian Companies Act, 1913 having its registered office and factory at Bombay-Agra Road, Wagle Estate, Thane. The Company is engaged in the process of manufacturing safety razor blades of various qualities and types. For the said purpose,...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC88; 2008(1)ALD(Cri)311; 105(2008)CLT323(SC); 2007(5)CTC90; II(2007)DMC668SC; JT2007(11)SC96; 2007(11)SCALE150; (2007)10SCC219; 2007AIRSCW6137; (2007)4Crimes6(SC)
P. Sathasivam, J.1. This appeal has been preferred by the appellant being aggrieved by the judgment of the High Court of Judicature, Andhra Pradesh at Hyderabad in Criminal Appeal No. 2339 of 2004 dated 11.10.2006 reversing the order of the acquittal passed by the II Addl. District and Sessions Judge (FTC), Nizamabad in Sessions Case No. 314 of 1998 convicting and sentencing him to undergo life imprisonment. 2. The case of the prosecution is briefly stated hereunder: The appellant herein was the sole accused in Sessions Case No. 314 of 1998 on the file of II Addl. District and Sessions Judge (FTC), Nizamabad. On 24.01.1997, at about 11.00 a.m., the accused caused the death of his wife - Vanga Vimala by throttling her neck and in order to screen the said offence, hanged her dead body to the ceiling fan. The further charge was that the accused was harassing the deceased for dowry. The father of the deceased was examined as PW 1 and PW 2 is wife of PW 1. The deceased was given in marriage...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2007(11)SC546; AIR2007SC3211; 2007(5)ALT78(SC); 2007(4)AWC4057(SC); [2007(115)FLR349]; 2007(11)SCALE90; (2007)7SCC488; 2007AIRSCW5822.
P.P. Naolekar, J.1. Heard the learned Counsel for the parties.2. In the interview held for appointment to the posts of Civil Judge (Jr. Division) by the Uttar Pradesh Public Service Commission in pursuance of the advertisement issued by the Public Service Commission under U.P. Nayayik Sewa Civil Judge (Junior Division) Examination, 1999 dated 1.8.1999, the candidates inclusive of the appellants and the contesting respondent were selected. By Government Order dated 26.2.1999, it was decided to provide reservation for women to the extent of 20 per cent in the appointments, and in pursuance thereof giving effect to 20 per cent reservation the appellant-women candidates were appointed. There was a challenge by filing a writ petition in the High Court of Judicature at Allahabad by a candidate selected but could not be appointed because of the 20 per cent reservation given to the women candidates. The Division Bench of the High Court by its order dated 27.7.2001 has held that there could not...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC10; 2008(1)ALD(Cri)386; 2008(1)ALT(Cri)458; 2007CriLJ4722; 2007(11)SCALE460; 2007AIRSCW5995; JT2007(11)SC513
1. The Officer In-charge of Harmirgarh Police Station received a telephonic message that one Smt. Lali wife of Parthu, appellant herein has received burn injuries and was lying in a serious condition. An entry to that effect was made in the Rojnamcha register whereafter Head Constable P.W.-6 Narayan Singh along with some other police personnel proceeded to the spot. They took her to Mahatama Gandhi Hospital at Bhilwara for treatment. The said Narayan Singh recorded her statement which was treated as dying declaration wherein she disclosed that she was burnt by her husband. On the basis of the said statement a First Information Report for an offence under Section 307 I.P.C. was recorded by P.W.9- Shankar Singh, SHO Police Station Hamirgarh. He took up the investigation in relation to the said incident. P.W.9-Shankar Singh also recorded the statement of the deceased on 8.6.1995. Lali died on 19.6.1995 whereafter Section 302 I.P.C. was added in the First Information Report.2. Before learn...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC3113; 2007(3)ARBLR428(SC); 2007(4)AWC4040(SC); 2008(2)CTC84; JT2007(11)SC58; 2008(2)MhLj1; 2008MPLJ462(SC); 2007(11)SCALE82; (2007)8SCC321
D.K. Jain, J.1. This is a petition under Section 11(6) of the Arbitration and Conciliation Act, 1996 (for short 'the Act') for the appointment of an Arbitrator for adjudication of the disputes which are stated to have arisen between the parties.2. The petitioner M/s DHV Consultants BV (for short 'DHV') is a foreign company registered in Netherlands, providing consultancy and engineering group services in aviation; spatial planning in environment, transportation and water with expertise in water management and water planning. Respondent No.1 - M/s Tahal Consulting Engineers Limited (hereinafter referred to as 'Tahal') is also a consultant foreign company based in Israel and respondent No. 2 is the Water Resources Organisation, PWD, Government of Tamil Nadu (hereinafter referred to as 'TNPWD').3. The facts, relevant for the disposal of this petition, are as follows:On 1st December, 1997, an agreement (hereinafter referred to as the 'main contract') was signed between Tahal and TNPWD, wit...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2008)149PLR294; 2007(11)SCALE92; 2007AIRSCW5850
1. Leave granted.2. This appeal by special leave is filed against the judgment and decree dated 12th January, 2006 passed by the Punjab and Haryana High Court at Chandigarh in Regular Second appeal No. 1735 of 2005 whereby the High Court had dismissed the regular second appeal filed by M.D. University, Rohtak - appellant herein - and affirmed the judgment of the Appellate Court against which the said second appeal was filed by the appellant. 3. The facts giving rise to this appeal may briefly be stated as under. 4. A suit was filed by Ajit Singh Nandal for declaration and mandatory injunction claiming that the notification dated 29th July, 1997 by which the post held by him was declared vacant with effect from 15th January, 1996 was illegal and null and void. On contest, the suit was dismissed by the trial court and an appeal preferred by the respondent- Ajit Singh Nandal before the appellate court was allowed, inter alia, on the findings that Ajit Singh Nandal was permitted to resume ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC43; 2007(2)BLJR2781; [2007(4)JCR130(SC)]; JT2007(11)SC42; 2007(11)SCALE39; (2007)10SCC150
Lokeshwar Singh Panta, J.1. Special leave granted.2. This appeal, by special leave, has been preferred by the appellants against the judgment and order dated 24.01.2007 of a Division Bench of the High Court of Judicature at Patna by which L.P.A. No. 697/2006 filed by the appellants was dismissed and thereby the order of the learned Single Judge dated 12.09.2006 dismissing the C.W.J.C. No. 8091/2006 of the appellants came to be affirmed. 3. The facts in brief giving rise to the filing of this appeal are as follows:Tirhut Physical Education College, Muzaffarpur - respondent No. 7 (hereinafter referred to as 'respondent' College) was established in the year 1938. The State of Bihar -respondent No. 1 (for short 'respondent'-State) by Notification No. 25 dated 6.11.1993 granted permission to the 'respondent'College to enroll one hundred students in C.P. Ed. and one hundred students in D.P. Ed. Courses for the Sessions 1993-94 to 1995-96. 4. Sunil Kumar Parimal appellant No. 1 herein claims ...
Tag this Judgment!Court : Supreme Court of India
Reported in : IV(2007)BC391(SC); 2007(6)BomCR677; 2007(2)CTLJ140(SC); JT2007(11)SC1; 2007(11)SCALE49; (2007)8SCC1; [2008]85SCL320(SC); 2007AIRSCW6416; 2007(8)SCC1; JT2007(11)SC1.
S.H. Kapadia, J. 1. State of Maharashtra through Maharashtra State Road Development Corporation Ltd. (for short, 'MSRDC') floated Global Tender for completing Mumbai Trans Harbour Link ('MTHL') between Mumbai and Navi Mumbai on BOT basis.2. Reliance Energy Limited is a company registered under the Companies Act, 1956. It is engaged in generation, transmission and disbursement of power in Maharashtra, Delhi etc.3. Hyundai Engineering and Construction Company Ltd. (for short, 'HDEC') is a company incorporated in Korea. It is specialized in construction of bridges.4. At this stage, it may be noted that the above Project is to be at the cost of Rs. 26000 million (Rs. 2600 crores). The bidders were required to submit RFQ Document by 10.1.2005. Under the PQ Document, M/s Jean Muller, France was appointed as consultant by MSRDC. Under the PQ Document, the bidders were required to submit financial statements of three financial years subject to the condition that the latest should not be earlie...
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2007(11)SC49; (2008)1MLJ1029(SC); 2007(11)SCALE75
S.H. Kapadia, J.1. A short question which arises for determination in this IA is whether this Court should grant permission for dismantling of the ship 'Blue Lady' at Alang, Gujarat.2. The 'Blue Lady' ex SS Norway was a passenger liner built at Chantier De Altantic, St. Nazaire, France in 1961. It was a steam turbine driven vessel with a power and rating of 30,000 KW and 40,760 HP respectively. Now the vessel is registered as a Barge under the flag of Bahamas vide official number 710763. The vessel is very luxurious in it's kind and many dignitaries like President of America, Queen of England have travelled during it's golden period. The said ship was beached on 15/16.8.2006 off the Alang coast. The said ship was the passenger ship. It was constructed in 1952. It originated from France. Its last origin was from Norway. The ship is about 291 mt. long. It is 34 mt. wide. It has the capacity of 45886 MT. It has 16 floors. It has 1400 rooms for passengers accommodation. It has restaurant, ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC12; 2007CriLJ4724; 2007(11)SCALE455; (2007)10SCC493
ORDER1. Leave granted.2. Sole appellant is before us being aggrieved by and dissatisfied with the judgment of conviction and sentence dated 6.3.2006 passed by a Division Bench of the Calcutta High Court in Criminal Appeal No. 191/2002 whereby and whereunder the appeal preferred by the appellant herein from a judgment of conviction and sentence dated 1.2.2002 passed by the Additional District & Sessions Judge, Jangipur, Murshidabad, in Sessions Case No. 49/99/Sessions Trial No. 3 of 2000, convicting the appellant for commission of offence under Section 302 of the Indian Penal Code and sentencing him to rigorous imprisonment for life and a fine of Rs. 2000/-, was dismissed.3. The occurrence took place at about 1.30 p.m. on 29th September, 1990 in a village known as Jindighi in the District of Murshidabad. The case of the prosecution is that the deceased Alimat alias Aliul Zaman, younger brother of the first informant Badiujjaman (PW-1), along with one Samir Seikh (PW-2) had gone to the s...
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