Court : Supreme Court of India
1. Though served, none appeared for the respondents. 2. Leave granted. 3. The appellant - Insurance Company has challenged the validity of the Judgment dated 1st July, 2009 delivered by the Karnataka High Court, Circuit Bench at Gulbarga in MFA No. 30178 of 2009. 4. By virtue of the impugned judgment, the respondents-claimants, who had filed MVC No. 359 of 2006 before the Motor Accident Claims Tribunal, Bidar have been awarded higher amount of compensation. Being aggrieved by the enhancement of compensation, the insurance company has filed the appeal. 5. The Tribunal was pleased to award Rs. 1,76,000/- by way of compensation with interest thereon @ 6% to the claimants - the widow and children of Vithal who had died in a motor accident. After considering the evidence adduced before the Tribunal, the Tribunal had come to a conclusion that average income of the deceased was Rs. 5,000/- per month. On the basis of the said income and looking to the relevant factors, including age of the d...
Tag this Judgment!Court : Supreme Court of India
1. The issue involved in the present case is whether the quantum of compensation awarded by the High Court in a land acquisition dispute is excessive or not. 2. A notification was published under section 4(1) of the Land Acquisition Act, 1894 (hereinafter referred to as `the Act') on 17.7.1994 for the acquisition of the respondents land measuring 34 guntas in Sy. No. 6/2 of Binnamangala Mahavartha Kaval, K.R. Puram, Bangalore South Taluk. 3. The Special Land Acquisition Officer (hereinafter referred to as `SLAO') passed an award on 26.9.1995 granting compensation at Rs.1,30,000/- per acre along with statutory benefits. The SLAO concluded that the lands were agricultural and no sale transactions relating to the same were available. Sale transactions were available in respect of non-agricultural lands but they could not be adopted for determining the valuation of agricultural land. Therefore, the SLAO chose to rely on acquisition proceedings in respect of lands in the vicinity for determ...
Tag this Judgment!Court : Supreme Court of India
1. This appeal by special leave arises out of a judgment and order passed by the High Court of Madras whereby Criminal Appeal No.1215 of 2003 has been dismissed and the conviction of the appellant and sentence awarded to him for offences punishable under Sections 302, 307 and 342 of the I.P.C. upheld. 2. Briefly stated the prosecution case is that the appellant was residing in a house situate at Yadwal Street, Poovam Koticherri, Distt. Karaikal, Tamil Nadu. Apart from his wife Smt. Dhanalakshmi, PW2 and his daughter Abirami, aged about 1= years, his mother Smt. Valli, PW3 also lived with him. On the fateful night intervening 11-12 of December, 2000 at about 1 p.m. the appellant is alleged to have started a quarrel with his wife accusing her of having brought misfortune to him ever since she got married to him. The immediate provocation for making that accusation was his inability to sell the property owned by his mother, as the Revenue entries relating the same stood in the name of Kan...
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1. Leave granted. 2. Heard learned counsel for the parties. Mr.Arjun Nagarao Metkar, Cattle Controller, Goregaon, Mumbai has filed an affidavit on 16.03.2011 in which it is mentioned that as per the Government directions dated 10.03.2011, five acres of land at Palghar (East), near Railway Station will be given as permanent site for setting up the cattle market for the purpose of shifting from Goregaon and adequate infrastructure on the said site will be provided by the APMC on the government giving funds of Rs.50 lacs for which administrative approval has already been given by the State Government. 3. It is also mentioned in the affidavit that till the five acres of land at Palghar Railway Station is provided with adequate infrastructure for being used as permanent site for the purpose of shifting of the cattle market from Goregaon, the Government of Maharashta till then decided to permit the members of the Mumbai Cattle Traders Association to use the Goregaon Cattle market. 4. The lea...
Tag this Judgment!Court : Supreme Court of India
1. These appeals are directed against the judgment and order dated 17.02.2002 passed by the Customs, Excise and Gold (Control) Appellate Tribunal, Eastern Bench, Kolkata in appeal Nos. CRV-75 and 74 of 1999, whereby the Tribunal had allowed the appeal of the Respondents and set aside the order passed by the Commissioner of Customs on the ground that the Butyl Acrylate Monomer i.e. the chemical imported by the Respondents can safely be held to be an adhesive and was covered by the advance licences produces by the Respondents. 2. As per the facts on record the Respondents, M/s. Sanghvi Overseas imported 14 consignments of Butyl Acrylate Monomer (hereinafter referred to as `BAM') between April and December, 1997 and cleared the same against advanced licenses by availing the benefit of customs Notification Nos. 203/92 and 79/95, without payment of duty. Another consignment of BAM was cleared by the Respondents under bill of entry dated 06.03.1998 and thereafter one more consignment was imp...
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1. Leave granted. Heard. 2. The appellant alleges that a joint development agreement dated 18.2.2007 was entered into between Father A.John Bosco, President, The Gaunellian Society as the owner, and the appellant as the developer, in regard to three acres of land and that clause 18 of the said agreement provided for settlement of disputes arising out of the said agreement by arbitration. It is further alleged by the appellant that on 20.2.2007, the said Father A. John Bosco, President, The Guanellian Society, executed a power of Attorney in favour of the appellant in connection with the development of the said property with power to enter into agreements of sale and also to transfer and convey an extent of 70% undivided share in the said property. 3. The Gaunellian Society, (`Society' for short) the respondent herein, at its Extraordinary Meeting held on 10.1.2008, passed a resolution that the Managing Committee of the Society had not authorized its President to deal with the property ...
Tag this Judgment!Court : Supreme Court of India
1. Under Lease Deed dated 3.1.1995, Pimpri-Chinchwad New Town Development Authority (6th respondent herein - for short `the Development Authority') granted a lease of land measuring 164.5 acres in Sectors No.15 and 15A in Village Chikhali, Taluka Haveli, District Pune, converted to industrial use, to the appellant herein for a term of 99 years commencing from 21.11.1994.The consideration for the lease was a premium of Rs.17,91,40,500/- (at the rate of Rs.25/- per sq.ft.) paid by the appellant apart from a yearly rent of rupee one. The appellant utilized the said plot and adjoining plot obtained on lease from Maharashtra Industrial Development Corporation (for short `MIDC') for construction of its factory. The appellant commenced construction of its plant in or about the year 1997 and on completion, commenced actual use for industrial purpose, in the year 1999. 2. The appellant was served with a demand notice dated 26.2.2002 by the Gar Kamgar Talathi, Chikhali, demanding payment of Rs.4...
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1. Leave granted. 2. In these appeals by special leave, the appellants challenge the orders of the Division Bench of the Rajasthan High Court, dismissing its appeals against a common order of the learned Single Judge, restricting the interest on arrears of royalty to 12% per annum, instead of 24% per annum demanded by the State of Rajasthan. 3. The first respondent in each of these appeals is or was the holder of a mining lease for limestone. Section 9 of the Mines and Minerals (Development and Regulation) Act, 1957 (`Act' for short) deals with Royalties in respect of mining leases. Sub-section (2) thereof requires the holder of a mining lease to pay royalty in respect of any mineral removed or consumed by him from the leased area at the rate for the time being specified in the Second Schedule to the Act, in respect of that mineral. Sub- section (3) thereof empowers the Central Government, by notification published in the official gazette, to amend the Second Schedule so as to enhance ...
Tag this Judgment!Court : Supreme Court of India
1. Leave granted. 2. Nahar Singh Stadium at Faridabad is stated to be situated in a land measuring about 38 acres belonging to Faridabad Municipal Corporation. The stadium was constructed and was maintained by the District Administration through the District Sports Council. It consisted of a Cricket Stadium with North and South Pavilions, a football ground, a basket ball ground and an athletics ground and large vacant grounds. The cricket stadium has been the venue for some occasional Ranji Trophy matches, Dileep Trophy and Irani Trophy matches and occasional One Day Internationals (ODIs.). It is stated that the District Sports Council and the District Cricket Association which occasionally used the Cricket Stadium, found it difficult to maintain the stadium complex on account of the infrequent use of the stadium facilities and frequent vandalism by miscreants and anti social elements. As a result the dressing rooms and toilets required frequent renovation before every match. Light fix...
Tag this Judgment!Court : Supreme Court of India
1. Leave granted. 2. This appeal is directed against the judgment and order dated 15.03.2010 passed by the High Court of Madhya Pradesh at Jabalpur in Miscellaneous Appeal No. 4867 of 2009, whereby the High Court had partially allowed the appeal filed by the Respondent No. 3 and 4 herein, against the award dated 28.08.2009 passed by the Second Additional Motor Accident Claims Tribunal, Satna, Madhya Pradesh and enhanced the compensation awarded by the Tribunal. 3. The factual matrix of the case is that Respondent No. 3 and 4 are parents of one Yogendra Kumar Pathak, who was 19 years of age and on 01.11.2007 while on his way to his village Kor Gaon, he alongwith his sister were travelling in jeep No. MP 19-A 930. The said jeep wasbeing driven by Respondent No. 1 and met with an accident near Dhal Factory General Road due to rash and negligent driving by the Respondent No. 1which resulted in his death on the spot. FIR was lodged at Police Station, Civil Lines, Satna against the driver un...
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