Court : Supreme Court of India
1. Leave granted.2. An area of 4.89 acres of land (which includes 54 cents in Survey No. 186/1 and 1.09 acres of land in Survey No. 186/2, in all 1.63 acres, which is the subject matter of this appeal) in Koyambedu Village, Chennai District was notified for acquisition for further implementation of Koyambedu Wholesale Market Complex, under preliminary notification dated 13.11.1998 issued under section 4(1) and final declaration dated 2.2.2000 issued under section 6 of Land Acquisition Act, 1894 (`Act' for short). The preliminary notification was published in the T.N. Gazette dated 15.12.1998. It was also published in two daily Tamil newspapers - "Maduari Mani" and "Kadiravan" on 6.1.1999.3. The said lands (Sy. No.186/1 and 186/2) belonged to one V.T. Jayaraman and he was shown as the registered owner/pattadar of the said lands in the revenue records. He is stated to have died on 3.11.1978 leaving two sons and two daughters (respondents 1 to 4 herein) as his legal heirs. On the death of...
Tag this Judgment!Court : Supreme Court of India
1. All these appeals are directed against the judgment dated 19th February, 2009, passed by a learned Single Judge of the Kerala High Court dismissing the several petitions filed by the Appellants under Section 482 of the Code of Criminal Procedure, 1973, for quashing of the several prosecutions commenced against them. The Appellants in Criminal Appeal No.836 of 2010, Pepsico India Holdings Pvt. Ltd., is the manufacturer of Sweetened Carbonated Water and is being prosecuted for the presence of Carbofuran in its product. These appeals throw up certain questions relating to the maintainability of the criminal prosecutions launched against the Appellants, namely :(1) In the absence of any prescribed and validated method of analysis under Section 23(1-A)(hh) of the Prevention of Food Adulteration Act, 1954, hereinafter referred to as "the 1954 Act", could a prosecution have been launched against the Appellants based on a report submitted by the Public Analyst using the method of the Direct...
Tag this Judgment!Court : Supreme Court of India
1. Leave granted.2. The present appeal filed by the appellant herein arises out of an order passed by the High Court of Andhra Pradesh at Hyderabad in Appeal Suit No. 2185 of 1989 whereby the High Court has dismissed the appeal filed by the appellant herein and affirmed the judgment and decree passed by the trial court in favour of the respondent.3. The appellant herein was the defendant in the suit filed by the respondent seeking for a decree for possession and future mesne profits with interest at the rate of 6% per annum and for payment of Rs.4,500/- with interest at the rate of 6% per annum till realization. One of the contentions which was raised in the suit was that the respondent/plaintiff was the adopted son of Late Anne Seetharamaiah and if the findings are in the affirmative, in that event, he would be entitled to claim for recovery of possession of the scheduled land.4. The case of the respondent-plaintiff in the suit was that in 1965, one Myden Saheb of Atkuru Village in Ga...
Tag this Judgment!Court : Supreme Court of India
1. These appeals by special leave arise out of an order dated 6th June, 2002 passed by the High Court of Andhra Pradesh whereby Writ Petitions No.9081 of 1999 and 13458 of 1993 filed by the appellant have been dismissed and the demand for additional charges/surcharge payable on the delayed payment of outstanding electricity dues raised under Clause 32.2.1 and 34 of the Terms and Conditions of supply (TCS) upheld. Facts necessary for the disposal of these appeals may be summarised as under:2. The appellant is a public limited company engaged in the manufacture of Ferro Silicon. The industry set up by the appellant is energy intensive in as much as it consumes approximately 10,000 units of electricity for every ton of Ferro Silicon produced. The appellant's case is that the respondent-Electricity Board had initially agreed to supply power to the appellant @ 6 paisa per unit but revised the said rate to 11 paise per unit in the year 1975. The revised rate was in the beginning applicable o...
Tag this Judgment!Court : Supreme Court of India
1. Challenge, in this civil appeal, is to the judgment and order dated 1st August 2000, delivered by the High Court of Judicature at Madras in W.P. No. 12798 of 2000, whereby the High Court has affirmed the levy of sales tax on the appellant on sale of goods made by it to respondent No.2 herein, in the assessment years 1994-95 and 1995-96.2. Briefly stated, the facts necessary for the disposal of this appeal, are as follows:In the year 1992, respondent No. 1, the State of Tamil Nadu sanctioned a "film city" project, for which respondent No. 2 viz. the Tamil Nadu Film Development Corporation, (for short "the Corporation") a public sector undertaking, was designated as the nodal agency, responsible for administering and implementing the said project. Pursuant thereto, a tender was floated by the Corporation for supply of various equipments for the said film city project. After a successful bid, the appellant was awarded the contract. In furtherance thereof, on 28th June, 1994, the Corpor...
Tag this Judgment!Court : Supreme Court of India
1. This petition has been filed under sub-sections (5) and (9) of Section 11 of the Arbitration and Conciliation Act, 1996 for the appointment of an independent and impartial person as a sole arbitrator for the adjudication of the disputes that have arisen between the parties. The respondent has appeared to contest the petition primarily on the ground that no valid arbitration agreement exists between the parties so as to call for the appointment of an arbitrator in terms thereof. The respondent's case precisely is that the contract document which the petitioner relies upon has not been signed on its behalf by an authorized person and is not, therefore, binding or enforceable against it. Two questions essentially arise for determination in the light of the pleadings of the parties and the submissions made by them at the bar. These are :(1) Whether this Court is in a petition under Sections 11(5) and 11(9) of the Arbitration and Conciliation Act, 1996 required to determine the existence...
Tag this Judgment!Court : Supreme Court of India
1. In this case we had issued notice to the respondents on 17.9.2010 but no counter affidavit has been filed.2. The petitioner before us in the present case is a widow Pushpa Vanti, whose husband was an army major who had fought in three wars (in 1948, 1962 and 1965) and was decorated with fourteen medals. However, the petitioner is getting only Rs.80/- per month as pension, in these days when a kilogram of arhar dal costs that amount. She has prayed for fixation of her correct pension and arrears.3. The Indian armed forces are bravely defending the borders of the country, often standing on guard at a height of 20,000 feet and in minus 30oC temperature, day and night so that the people of India can live, work and sleep in peace.4. However, there is widespread discontent among the serving and former members of the armed forces (by which we mean the Army, Navy and Air Force) and their widows and family members regarding their service conditions e.g. pay scales, allowances, anomalies rega...
Tag this Judgment!Court : Supreme Court of India
1. These two writ petitions have been taken up together to consider whether Rule should be issued as identical issues have been raised in both the matters and identical relief has also been sought for.2. Both the writ petitioners were formerly members of the Samajwadi Party, of which Shri Mulayam Singh Yadav is the President. While Shri Amar Singh was one of the senior-most members of the party and had also held the post of All India General Secretary and was its National Spokesperson and had also been a Member of the Rajya Sabha for three terms, Ms. Jaya Pradha is also a prominent political leader who was elected to the Lok Sabha from the State of Uttar Pradesh and was elected for a Second Term to the Lok Sabha as a Member of the Samajwadi Party. Earlier, she had also been a Member of the Rajya Sabha from the said party.3. In addition to the above, Shri Amar Singh is also a member of four different Parliamentary Committees and Ms. Jaya Pradha is a member of one such Committee.4. The c...
Tag this Judgment!Court : Supreme Court of India
1. Leave granted.2. This Appeal is directed against the judgment and order dated 28/03/2008 in W.P. No. 474/1982 of the High Court of Delhi wherein the High Court allowed the writ petition filed by the respondent-1 and whereby resolution and order dated 14th January, 1978 passed by the appellant and the order of the Registrar, Cooperative Societies dated 17th May, 1978 and the order of the Deputy Registrar dated 5th November, 1981 whereby the name of the respondent-1 had been removed from the list of members of the appellant- society were quashed and set aside.3. The respondent-1, Dr. Parmanand Sharma was enrolled as a member of the appellant society vide membership No. 35 on 11th March 1961. In 1968, he purchased a property bearing No. A-19/A, Kailash Colony, New Delhi in the name of his Hindu Undivided Family consisting of respondent-1, his wife and two minor children in 1968 and a structure was constructed thereon in 1969. According to the appellant-society, this construction is a r...
Tag this Judgment!Court : Supreme Court of India
1) In this batch of civil appeals, the appellants have challenged the common order passed by the Customs, Excise and Service Tax Appellate Tribunal, West Zonal Bench at Mumbai in Appeal No.A/2287-2290/WZB/MUM/2005/C-III/EB dated 20.12.2005. 2) By consent of the learned counsel, we have taken Civil Appeal No.2694 of 2006 as the lead case.3) M/s. Aurangabad Electricals Ltd. (for short `M/s. Aurangabad EL') are appellants in this civil appeal. They are engaged in the manufacture of Motor Vehicle Parts namely `Magneto Assembly' in their factory at Aurangabad. For manufacture of their final product, viz. Magneto Assembly, they purchase some of the inputs, namely, `Pick-up Coil', com bush, charging coil etc. from M/s. Bajaj Auto Ltd. (for short `M/s. Bajaj') on which appropriate duty is paid by M/s. Bajaj. The appellants had submitted price declarations applicable to Magneto Assembly, which were accepted by the department.4) The main issue involved in these appeals is the valuation of Magnet...
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