Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.318 OF2006National Campaign Committee for Central Legislation on Construction Labour (NCC-CL) .....Petitioner Versus Union of India & Ors. ....Respondents CONMT. PET. (C) No.52/2013 in W.P. (C) No.318/2006 WITH JUDGMENT Madan B. Lokur, J.1. Symbolic justice there is nothing more to offer to several millions of construction workers in the unorganized sector not social justice, not economic justice. The reason is quite simple. No State Government and no Union Territory Administration (UTA) seems willing to fully adhere to and abide by (or is perhaps even capable of fully adhering to and abiding by) two W.P. (C) No.318 of 2006 etc. Page 1 of 57 laws solemnly enacted by Parliament, namely, the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 (the BOCW Act) and the Building and Other Construction Workers Welfare Cess Act, 1996 (the Cess Act). ...
Tag this Judgment!Court : Supreme Court of India
NON-REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal No.2926 of 2018 (Arising out of S.L.P. (Civil) No .4208 OF2011 Director Aryabhatta Research Institute Of Observational Sciences (ARIES) & Anr. ... Appellants Devendra Joshi & Ors. Versus WITH ... Respondents Civil Appeal No.2927 of 2018 (Arising out of S.L.P. (Civil) No .10679 OF2011 Devender Joshi .... Appellant Versus Director Aryabhatta Research Institute Of Observational Sciences (ARIES) & Ors. .Respondents JUDGMENT L. NAGESWARA RAO, J.Civil Appeal No.2926 of 2018@Special Leave Petition (Civil) No.4208 of 2011 Leave granted. This Appeal is filed against the judgment of the High Court of Uttarakhand at Nainital by which the order dated 31st December, 2008 terminating the services of Respondent No.1 was set aside. 1 2. Respondent No.1 was offered appointment to the post of Engineer-B (Civil) on 1st November, 2007 after he was selected pursuant to advertisement dated 10th August, 2007. He had joined...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.408 OF2018(Arising out of S.L.P.(Crl.)No.7970 of 2014) P. Sreekumar .Appellant(s) VERSUS State of Kerala & Ors. .Respondent(s) JUDGMENT Abhay Manohar Sapre, J.1)2) Leave granted. This appeal is directed against the final judgment and order dated 27.05.2014 passed by the High Court of Kerala at Ernakulum in Criminal M.C. No.2641 of 2007 whereby the High Court allowed the petition filed by the accused-respondent No.3 herein and quashed the FIR(Annexure II), 1 charge-sheet(Annexure III) and all consequent proceedings arising therefrom pending as C.C. No.2682 of 2002 on the file of the JFCM-II, Ernakulum.3) Facts involved in the case lie in a narrow compass so also the issue involved in the appeal is a short one. The facts are mentioned hereinbelow:4. There is one public charitable Trust by name - Vidyodaya Trust (hereinafter referred to as "the Trust") having its office at S.N. Junction, Palarivatt...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL ORIGINAL JURISDICTION WRIT PETITION (CRIMINAL) No.182 OF2017BIMAL GURUNG PETITIONER VERSUS UNION OF INDIA & ORS. RESPONDENTS JUDGMENT ASHOK BHUSHAN, J.The petitioner, the President of Gorkha Janmukti Morcha (hereinafter referred to as GJM), has filed this Writ Petition under Article 32 of the Constitution of India praying for transfer of investigation of all First Information Reports lodged against the petitioner and other members of GJM, to any independent investigation agency. In the Writ Petition, following prayers have been made by the petitioner:- A. Transfer the investigation of all the FIRs lodged against the present Petitioner and other members of the GJM, 2 details of which are provided in Annexure P-4, from the West Bengal Police to any independent investigation agency like the NIA. CBI or any other independent investigation agency which is not under the control of the Government of West Bengal; and B.Transfer the investig...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO.387 OF2018(arising out of SLP(Crl.)No.6786 of 2017) SRI RAMESHWAR YADAV & ORS. ... APPELLANTS VERSUS TEH STATE OF BIHAR & ANR. ... RESPONDENTS JUDGMENT ASHOK BHUSHAN, J.This appeal has been filed against the judgment dated 17.04.2017 of the Patna High Court by which judgment application filed by the accused-appellants under Section 482 of the Code of Criminal Procedure challenging the order dated 13.08.2013 passed by the Sub- Divisional Judicial Magistrate, Patna has been dismissed by the High Court.2. Brief facts necessary to be noted for deciding the appeal are:2. The second respondent filed a complaint in the Court of Sub-Divisional Judicial Magistrate, Patna alleging offence committed by the accused as well as Arnesh Kumar, her husband. The Magistrate vide order dated 11.10.2012 finding a prima facie case under Section 498A and Section 4 of the Dowry Prohibition Act summoned the accused as...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL No.5793 OF2008The State of Karnataka & Ors. . Appellant(s) Versus The Karnataka Pawn Brokers Assn. & Ors. Respondent(s) With CIVIL APPEAL NOS. 2874-2878 OF2018(Arising out of SLP Nos. 8652-8656 of 2012) JUDGMENT Deepak Gupta J.Leave granted in SLP(C) Nos. 8652-8656 of 2012.2. The main issue raised in these appeals is whether the amendments made to the Karnataka Money Lenders Act, 1961 and the Karnataka Pawn Brokers Act, 1961 in the year 1998 providing 1 that the security deposit furnished by the money lenders and pawn brokers in terms of Sections 7-A and 4-A of the Acts respectively shall not carry interest, is constitutional, legal and valid. Background 3. The State of Karnataka enacted the Karnataka Money Lenders Act, 1961 (for short the M.L. Act) with a view to regulate and control the transactions of money lending in the State. Section 5 of the M.L. Act makes it obligatory for any person carrying on...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL Nos.2879-2880 OF2018(Arising out of SLP (C) Nos.19545-19546 of 2016) BOARD OF CONTROL FOR CRICKET IN INDIA APPELLANT VERSUS KOCHI CRICKET PVT. LTD. AND ETC. RESPONDENTS WITH CIVIL APPEAL No.2881 OF2018(Arising out of SLP (C) No.20224 of 2016) WITH CIVIL APPEAL No.2882 OF2018(Arising out of SLP (C) No.5021 of 2017) WITH CIVIL APPEAL NOs. 2883-2884 OF2018(Arising out of SLP (C) Nos.8372-8373 of 2017) 1 WITH CIVIL APPEAL NOs. 2885-2886 OF2018(Arising out of SLP (C) Nos.8374-8375 of 2017) WITH CIVIL APPEAL NOs. 2887-2889 OF2018(Arising out of SLP (C) Nos.8376-8378 of 2017) WITH CIVIL APPEAL NOs. 2890-2891 OF2018(Arising out of SLP (C) Nos.9599-9600 of 2017) WITH CIVIL APPEAL No.2892 OF2018(Arising out of SLP (C) No.33690 of 2017) JUDGMENT R.F. NARIMAN, J.1. Leave granted.2. The present batch of appeals raises an important question as to the construction of Section 26 of the Arbitration and Conciliation (Am...
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION I.A Nos. 13-15 of 2017 IN SPECIAL LEAVE PETITION (C) Nos. 16657-16659 OF2016UNION OF INDIA ..Petitioner VERSUS INDIAN RADIOLOGICAL AND IMAGING ASSOCIATION AND ORS. ETC. ETC. ORDER ..Respondents 1 We have heard learned counsel for the contesting parties and considered the written submissions tendered, for the purpose of evaluating the grant of interim relief. 2 In Voluntary Health Association of Punjab v Union of India1, this Court 2 by a judgment dated 8 November 2016 issued comprehensive directions for the purpose of effective implementation of the provisions of the Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 19942. The directions issued by this Court are extracted below:33. Keeping in view the deliberations made from time to time and regard being had to the purpose of the Act and the far reaching impact of the problem, we think it appropriate to issue the following direc...
Tag this Judgment!Court : Supreme Court of India
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS.7875-7879 OF2015BAR COUNCIL OF INDIA A.K. BALAJI AND ORS. APPELLANT VERSUS WITH ...RESPONDENTS (Association of Indian Lawyers versus M/s. London Court of CIVIL APPEAL NO.7170 OF2015International Arbitration (LCIA) and ors.) AND CIVIL APPEAL No.8028 OF2015(Global Indian Lawyers versus Bar Council of India & Ors.) JUDGMENT ADARSH KUMAR GOEL, J1 The issue involved in this batch of matters is whether foreign law firms/lawyers are permitted to practice in India. Reference needs to be made to two leading matters. Civil Appeal Nos.7875-79 of 2015 have been filed by the Bar Council of India against the Judgment of Madras High Court dated 21st February, 2012 in A.K. Balaji versus The Government of India1. Civil Appeal No.8028 of 2015 has 1 AIR2012Mad 124 1 been filed by Global Indian Lawyers against the judgment of Bombay High Court dated 16th December, 2009 in Lawyers Collective versus Bar Council of India2....
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.1636 OF2012UNION OF INDIA AND ANR. ..APPELLANT(S) :Versus: RAGHUWAR PAL SINGH ..RESPONDENT(S) JUDGMENT A.M. Khanwilkar, J.1. The central questions posed in this appeal are: (i) whether the appointment of the respondent to the post of Veterinary Compounder, made by the Director Incharge at the relevant point of time without approval of the Competent Authority, was a nullity or a mere irregularity, which could be glossed over by the department to avert disruption of his services and; (ii) in any case, whether his services could be disrupted without giving him an opportunity of hearing.2. Briefly stated, the respondent was appointed to the post of Veterinary Compounder in the Department of Animal Husbandry 2 and Dairying by one H.S. Rathore, the then Agriculture Officer, Central Cattle Breeding Farms (CCBF), Suratgarh, who was purportedly authorised only to look after the current duties of the post of ...
Tag this Judgment!