Court : Supreme Court of India
Reported in : AIR1999SC2190; JT1999(4)SC409; 1999(4)SCALE48; (1999)6SCC68; 1999(2)LC1127(SC)
ORDERSujata V. Manohar, J.1. M/s. Caltex (India) Ltd., the predecessor-in-interest of the appellant M/s. Hindustan Petroleum Corporation Ltd., entered into two agreements both dated 30th of November, 1975 with respondent No. 5 as the sole proprietor carrying on business in the name and style of M/s. National Oil Trading Co., granting respondent No. 5 dealership in Kerosene at two places of business - Bagnan and Kolaghat. These agreements were replaced by two agreements both dated 6th of July, 1984 entered into by the appellant with respondent No. 5 as the sole proprietor carrying on business under the firm name and style of M/s. National Oil Trading Co. granting him dealership in kerosene at Bagnan and Kolaghat. The material parts of Clauses 14 and 17 of these agreements are as follows:14. The dealer shall not sell, assign, mortgage or part with or otherwise transfer his interest in the dealership or the right, interest or benefit conferred on him by this agreement to any person. In th...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC2118; 1999(47)BLJR1568; [1999(82)FLR993]; JT1999(4)SC82; 1999(4)SCALE13; (1999)5SCC683; 1999(2)LC1181(SC)
Sujata V. Manohar, J.1. This is an appeal from a judgment and order of the Full Bench of the Patna High Court dated 18.12.1991.2. A private college then known as Mahila Mahavidalaya, Madhubani, was established on 1.8.1971. On 1.9.1971 the appellant was appointed as a Lecturer in the Department of Hindi on a temporary basis for a period of six months by the Secretary of the Governing Body of the College. Pursuant to her appointment the appellant joined the college on 1.9.1971. In June, 1977 the Governing Body of the said College advertised for the post of a lady Principal. Pursuant to the advertisement the appellant applied for the post of Principal. She was interviewed along with three other candidates and was found suitable. On 11.7.1977 the appellant was appointed as a Principal of the said college on a temporary basis.3. By a notification dated 6.10.1982 the Bihar Intermediate Education Board granted recognition to the said college for teaching upto intermediate level. The notificat...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC1965; JT1999(4)SC29; 1999(4)SCALE17; (1999)5SCC675; [1999]3SCR798; 1999(2)LC1231(SC)
ORDERSujata V. Manohar, J.1. Respondent No. 1, Rajasthan Judicial Service Officers Association filed a writ petition in the Rajasthan High Court praying that the State of Rajasthan may be directed to provide to the Judicial Officers of the State of Rajasthan a dress allowance of Rs. 10,665 initially and thereafter a kit maintenance allowance of Rs. 400 per month renewable from time to time with all consequential benefits with effect from 1.1.1993. The State Government had, by a notification dated 18.9.1992, provided a dress allowance of Rs. 1500 once in every three years, to the Members of the Rajasthan Judicial Service and the Rajasthan Higher Judicial Service with effect from 1.1.1993. Not being satisfied with this allowance, the said writ petition was filed by the respondents. There was also another factor which led to the filing of the writ petition. In a similar writ petition filed in the Delhi High Court (C.W.P. No. 840 of 1992) by the Delhi Judicial Services Association, the Del...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC2309; JT1999(4)SC428; (1999)123PLR32; 1999(4)SCALE22; (1999)5SCC77; [1999]3SCR777; 1999(2)LC1161(SC)
ORDERR.C. Lahoti, J. 1. This common judgment shall govern the disposal of Civil Appeals Nos. 1928 and 1929 of 1993 between the same parties and touching the same property.2. The property in suit consists of a plot of Nazul Land known as 6, Tolstoy Marg, New Delhi wherein lease hold rights were vested by the President of India in favour of M/s. Shiv Ram, Mahashaya Krishna and K. Narendra (the appellant herein) in terms of a perpetual lease commencing from 29th May, 1956. The relevant and material terms of the lease are extracted and re-produced hereunder:II (5) The Lessee will not without the previous consent in writing of the Lessor or of such officer or body as the Lessor may authorise in this behalf make any alterations in or additions to the buildings erected on the said demised premises so as to effect any of the architectural or structural features thereof or erect or suffer to be erected on any part of the said demised premises any buildings other than and except the buildings er...
Tag this Judgment!Court : US Supreme Court
Florida v. White - 526 U.S. 559 (1999) OCTOBER TERM, 1998 Syllabus FLORIDA v. WHITE CERTIORARI TO THE SUPREME COURT OF FLORIDA No. 98-223. Argued March 23, 1999-Decided May 17, 1999 Two months after officers observed respondent using his car to deliver cocaine, he was arrested at his workplace on unrelated charges. At that time, the arresting officers seized his car without securing a warrant because they believed that it was subject to forfeiture under the Florida Contraband Forfeiture Act (Act). During a subsequent inventory search, the police discovered cocaine in the car. Respondent was then charged with a state drug violation. At his trial on the drug charge, he moved to suppress the evidence discovered during the search, arguing that the car's warrantless seizure violated the Fourth Amendment, thereby making the cocaine the "fruit of the poisonous tree." Mter the jury returned a guilty verdict, the court denied the motion, and the Florida First District Court of Appeal affi...
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Saenz v. Roe - 526 U.S. 489 (1999) OCTOBER TERM, 1998 Syllabus SAENZ, DIRECTOR, CALIFORNIA DEPARTMENT OF SOCIAL SERVICES, ET AL. v. ROE ET AL., ON BEHALF OF THEMSELVES AND ALL OTHERS SIMILARLY SITUATED CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT No. 98-97. Argued January 13, 1999-Decided May 17, 1999 California, which has the sixth highest welfare benefit levels in the country, sought to amend its Aid to Families with Dependent Children (AFDC) program in 1992 by limiting new residents, for the first year they live in the State, to the benefits they would have received in the State of their prior residence. Cal. Welf. & Inst. Code Ann. 11450.03. Although the Secretary of Health and Human Services approved the change-a requirement for it to go into effect-the Federal District Court enjoined its implementation, finding that, under Shapiro v. Thompson, 394 U. S. 618 , and Zobel v. Williams, 457 U. S. 55 , it penalized "the decision of new res...
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Hunt v. Cromartie - 526 U.S. 541 (1999) OCTOBER TERM, 1998 Syllabus HUNT, GOVERNOR OF NORTH CAROLINA, ET AL. v. CROMARTIE ET AL. APPEAL FROM THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NORTH CAROLINA No. 98-85. Argued January 20, 1999-Decided May 17, 1999 Mter this Court decided, in Shaw v. Hunt, 517 U. S. 899 , that North Carolina's Twelfth Congressional District was the product of unconstitutional racial gerrymandering, the State enacted a new districting plan in 1997. Believing that the new District 12 was also unconstitutional, appellees filed suit against several state officials to enjoin elections under the new plan. Before discovery and without an evidentiary hearing, the three-judge District Court granted appellees summary judgment and entered the injunction. From "uncontroverted material facts," the court concluded that the General Assembly in drawing District 12 had violated the Fourteenth Amendment's Equal Protection Clause. Held: Because the...
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Clinton v. Goldsmith - 526 U.S. 529 (1999) OCTOBER TERM, 1998 Syllabus CLINTON, PRESIDENT OF THE UNITED STATES, ET AL. v. GOLDSMITH CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE ARMED FORCES No. 98-347. Argued March 22, 1999-Decided May 17, 1999 Mter respondent Goldsmith, an Air Force major, defied an order by a superior officer to inform his sex partners that he was infected with HIV and to take measures to block any transfer of bodily fluids during sexual relations, he was convicted by general court-martial of willful disobedience of an order and other offenses under the Uniform Code of Military Justice and sentenced to six years' confinement and partial forfeiture of pay. The Air Force Court of Criminal Appeals affirmed, and when Goldsmith sought no review of that decision in the Court of Appeals for the Armed Forces (CAAF), his conviction became final. Subsequently, in reliance on a newly enacted statute empowering the President to drop from the rolls of the Arm...
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Ruhrgas AG v. Marathon Oil Co. - 526 U.S. 574 (1999) OCTOBER TERM, 1998 Syllabus RUHRGAS AG v. MARATHON OIL CO. ET AL. CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT No. 98-470. Argued March 22, 1999-Decided May 17, 1999 The underlying controversy stems from a venture to produce gas in the North Sea's Heimdal Field. In 1976, respondents Marathon Oil Company and Marathon International Oil Company acquired respondent Marathon Petroleum Norge (Norge) and Marathon Petroleum Company (Norway) (MPCN). Following the acquisition, Norge assigned its license to produce gas in the Heimdal Field to MPCN, which then contracted to sell 70% of its share of the Heimdal gas production to a group of European buyers, including petitioner Ruhrgas AG. MPCN's sales agreement with Ruhrgas and the other European buyers provided that disputes would be settled by arbitration in Sweden. In 1995, Marathon Oil Company, Marathon International Oil Company, and Norge (collectively Mara...
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The Text below is only a summarized version of the order pronouncedFollowing the decision in the case of CIT v. Step well Industries Ltd., , it was held that the deduction u s 35-B of Income Tax Act could not be claimed in respect of commission paid in India for the sales made outside India. Appeal was allowed....
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