Court : Supreme Court of India
1. This appeal, under Section 130E of the Customs Act, 1962 (for short "the Act"), is directed against order dated 18th February, 2003, passed by the Customs, Excise & Gold (Control) Appellate Tribunal, as it existed at the relevant time, (for short "the Tribunal"). By the impugned order the Tribunal has dismissed the appeal filed by the appellant herein and confirmed the levy of customs duty on the ocean going vessel, registered as M.V. Jagat Priya, purchased by them in a Court auction, for breaking/ scrapping purpose in terms of Notification No. 133/87-Cus.2. M.V. Jagat Priya was manufactured by M/s. Hindustan Shipyard Ltd. in the year 1975 in a Customs Bonded Warehouse at Vishakapatanam, using certain imported items. The said vessel was cleared on 30th November, 1975, and was delivered to M/s. Dempo Steamship Ltd. for a consideration of `7,61,12,400/- and Central Excise duty at the rate of 1% was paid thereon. The vessel was registered as Indian vessel tonnage and flying an Indian f...
Tag this Judgment!Court : Supreme Court of India
1. Leave granted.2. Whether the period of limitation for making an application under section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter `the Act') for setting aside an arbitral award is to be reckoned from the date a copy of the award is received by the objector by any means and from any source, or it would start running from the date a signed copy of the award is delivered to him by the arbitrator? This is the short question that arises for consideration in this appeal.3. The material facts of the case are brief and admitted by both sides. These may be stated thus. On March 20, 2003 the arbitrator gave a copy of the award, signed by him, to the claimant (the respondent) in whose favour the award was made. No copy of the award was, however, given to the appellant, the other party to the proceedings, apparently because the appellant had failed to pay the costs of arbitration. The respondent submitted a copy of the award in the office of the Executive Engineer (appella...
Tag this Judgment!Court : Supreme Court of India
1. Leave granted.2. This batch of appeals, by grant of leave, arises out of judgments and or- ders dated 9th April 2009, 22nd June 2009, 17th July 2009 and 18th Septem- ber 2009 respectively passed by the Gauhati High Court at Guwahati. By the impugned judgments, the High Court has held that the Assam Ele- mentary Education (Provincialization) (Amendment) Rules, 2005 (for short "the Amendment Rules, 2005") are ultra vires the provisions of the National Council for Teacher Education Act, 1993 (for short "the Act") and the Regulations framed thereunder.3. The material facts leading up to the filing of the writ petitions before the High Court may be stated as follows :The National Council for Teacher Education (for short "the NCTE") was set up in the year 1973 by a Government Resolution as a National Ex- pert Body to advise the Central and State Governments on all matters per- taining to teacher education. Since the role assigned to the NCTE was purely advisory in nature, it had very litt...
Tag this Judgment!Court : Supreme Court of India
1. This appeal has been preferred against the judgment and order dated 11.12.2002 passed by the High Court of Sikkim at Gangtok in Criminal Appeal No. 4 of 2002, upholding the judgment and order dated 30.5.2002, passed by the Special Judge, Prevention of Corruption Act, Gangtok in Criminal Case No. 4 of 1997, convicting the appellant for the offences punishable under Section 13(2) read with Section 13(1)(e) of the Prevention of Corruption Act, 1988 (hereinafter called as PC Act 1988) and awarding him the sentence of 3 years RI and a fine of Rs.10,000/-, in default thereof, to undergo a further RI for six months.2. Facts and circumstances giving rise to appeal are as under: (A) The appellant joined the Special Branch of Police in the State of Sikkim as a Constable in 1972. He was accorded promotion to the rank of Head Constable in 1976, and was subsequently promoted on an ad hoc basis to the post of Inspector in 1987. His services were attached to the Hon'ble Chief Minister of Sikkim in...
Tag this Judgment!Court : Supreme Court of India
J U D G M E N T1. Delay condoned.2. Leave is granted in both the special leave petitions. They are heard together as common questions of facts and law are involved. 3. One Kiranjit Kaur, daughter of a handicapped school master, was abducted when she was returning from school on 29.07.1997, and then gang-raped and murdered by Gurprit Singh, Jagraj Singh, Desh Raj and Partap Singh. The Hon'ble Additional Sessions Judge, Barnala, after holding the trial convicted and sentenced them to undergo life imprisonment. In the area an Action Committee was formed to ensure that accused persons, involved in the gang-rape and murder of that girl, were brought to book. That committee consisted, inter-alia, of Manjit Singh, Prem Kumar and Narayan Dutt, accused in the present case, as its members. Ultimately, the accused persons in the case of gang-rape and murder of Kiranjit Kaur were punished, as aforesaid.4. On 3.03.2001, Beant Singh (father of Jagraj Singh), Dalip Singh (grandfather of Jagraj Singh)...
Tag this Judgment!Court : Supreme Court of India
J U D G M E N T1. Leave granted.2. Being aggrieved by the dismissal of Second Appeal No.587 of 2008 by the High Court of Andhra Pradesh, the defendant (appellant herein) has filed this appeal.3. For the sake of convenience, parties to the litigation have been described as arrayed in the trial court.4. The suit had been filed by the plaintiff (respondent herein) for recovery of Rs.1,90,000/- from the defendant, who is the appellant herein, with interest and the claim was based on a promissory note, which was alleged to have been executed by the defendant for Rs.1,25,000/-.5. The trial court dismissed the suit in the circumstances stated hereinbelow: 6. The case of the plaintiff was that a sum of Rs.1,25,000/- had been borrowed by the defendant and the defendant had, therefore, executed a Promissory note for Rs.1,25,000/- on 18th September, 2001. In spite of demand, as the amount was not repaid, the plaintiff was constraint to file Original Suit No.933 of 2003 for recovery of the said am...
Tag this Judgment!Court : Supreme Court of India
1. These appeals are directed against the order passed by a Division Bench of the High Court of Judicature of Andhra Pradesh at Hyderabad in CMP Nos. 21114, 21115, 21116, 21117 and 21118 of 2003 dated 19th August, 2003. By the aforesaid order, the High Court has allowed all the petitions/applications.2. In the applications/petitions, respondent No.3, herein, had sought the following directions:- "CMP No. 21114/2003: Petition under Order 22 Rule 4 of the CPC praying that in the circumstances stated in the affidavit titled therewith, the High Court will be pleased to permit the petitioners to bring the above stated persons as legal representatives of the deceased sole respondent in Appeal No. 8 of 1985 on the file of the High Court. CMP No. 21115/2003: Petition U/s praying that the High Court may be pleased to set aside the dismissal Order dated 6.2.98 in AS No.8 of 1985 and to restore the appeal to file. CMP No. 21116/2003: Petition Under Order 9 Rule 9 read with section 151 CPC, prayin...
Tag this Judgment!Court : Supreme Court of India
J U D G M E N T1. This judgment will dispose of Criminal Appeal Nos. 1516 and 1517 of 2004. Five accused persons have filed these appeals, they being Amerika Rai (original accused No. 1), Darbesh Rai (original accused No. 2), Mithilesh Rai (original accused No. 4), Sanjay Rai (original accused No. 5) and Sipahi Rai (original accused No. 6). The appeal of Chulhan Rai (original accused No. 3) is already dismissed. Six accused persons came to be tried for having formed themselves into an unlawful assembly and as a common object of that unlawful assembly, having committed murder of one Shankar Rai. Some of the accused persons were also charged with the offences under the Arms Act. All the accused persons were convicted for the offence punishable under Section 302 read with Section 149 of the Indian Penal Code (IPC), while Chulhan Rai (A-3) was convicted for substantive offence punishable under Section 302 and for offence punishable under Section 27 of the Arms Act. Again, Mithilesh Rai (A-...
Tag this Judgment!Court : Supreme Court of India
1. Leave granted.2. Land owners - appellants have challenged the judgment of Allahabad High Court, challenging the dismissal of their petition, whereby they had challenged the notifications issued under Sections 4 and 6 of the Land Acquisition Act, 1894 (hereinafter called "the Act" for short). The lands comprised in Plot Nos. 542, 543 and 544 of Village Jainsinghpura Bangar, Mathura, U.P., measuring 6.6 acres were sought to be acquired by notification dated 20.3.1991 issued under Section 4 of the Act. Ultimately, after the enquiry under Section 5A of the Act, the notification under Section 6 of the Act came to be issued on 28.2.1992. It is an admitted position that in pursuance thereof, the award has also been passed.3. Shri U.U. Lalit, the learned senior counsel appearing on behalf of the appellants urged before us that the High Court has not considered the major defects in the whole proceedings under the Act and more particularly, under Section 5A of the Act. The learned senior coun...
Tag this Judgment!Court : Supreme Court of India
J U D G M E N T1. Two Special Leave Petitions have been filed against the judgment and order dated 11th October, 2010, passed by the Division Bench of the Punjab & Haryana High Court in L.P.A. No.490 of 2010, setting aside the promotion granted to the Petitioner in Special Leave Petition (Civil) No.451 of 2011. While Special Leave Petition (Civil) No.451 of 2011 has been filed by Ram Kumar, the Respondent No.3 before the High Court, setting aside his promotion to the post of Assistant Manager (Administration) in the Haryana State Warehousing Corporation, Special Leave Petition (Civil) No.2659 of 2011 has been filed by the Warehousing Corporation challenging the same order.2. The facts briefly stated disclose that the Haryana State Warehousing Corporation, hereinafter referred to as "the Corporation", framed its Rules and Regulations known as the Haryana Warehousing Corporation (Officers & Staff) Regulations, 1994, hereinafter referred to as "the 1994 Regulations" in exercise of the pow...
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