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Jul 28 2009

Public Health and Engineering Department and Anr. Vs. Rajendra Singh

  • Decided on : 28-Jul-2009

Court : Supreme Court of India

Reported in : 2009(10)SCALE245

Tarun Chatterjee, J.1. Delay condoned.2. Leave granted.3. This special leave petition, in which leave has already been granted, has been filed against the final judgment and order dated 2nd of March, 2005 in Writ Petition ) No. 683 of 2002 by the High Court of Madhya Pradesh Bench at Indore.4. In view of the recent enactment of the Madhya Pradesh Uchcha Nayayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, the learned Counsel for the appellants submitted that permission may be granted to the appellants to withdraw the present petition and to pursue his remedy by way of Letters Patent Appeal (LPA).5. In view of the recent enactment of the Madhya Pradesh Uchcha Nayayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005, which confers power on the High Court to entertain the LPA against an order of the learned Single Judge, we set aside the impugned order and grant liberty to the appellants to file an LPA before the Division Bench of the High Court with an application for condonation which ...
Jul 27 2009

D. Ramakrishnan Vs. Intelligence Officer Narcotic Control Bureau

  • Decided on : 27-Jul-2009

Court : Supreme Court of India

Reported in : AIR2009SC2404; 2009(240)ELT321(SC); JT2009(14)SC473; 2009(10)SCALE138; 2009AIRSCW4772:2009AIRSCW4228

S.B. Sinha, J.1. Leave granted.2. One Seethapathy (Accused No. 1), since absconding, President of M/s Chandra Importers Inc., New York (for the sake of brevity, hereinafter referred to as, 'the Company'), was indulging in illegal internet pharmacy business. It has a branch at Coimbatore. Appellant herein (Accused No. 2) was managing the activities of the said branch. A search was made in the office of the accused and various documents and computers were seized. It is alleged that the appellant used to mail consolidated requirements by means of packing slips in the name of individual customers to the e-mail I.D. of the first accused. The first accused used to procure different drugs indicated by the appellant by the local pharmacy and pack separately as per packing slips and dispatch the same to the customers abroad through airmail and RMS post office at Coimbatore. The drugs procured and exported are Alprazolam, Lorazepam, Nitrazepam, etc. Indisputably, these drugs find place at Serial...
Jul 27 2009

Murari Lal Vs. Satish Kumar and Anr.

  • Decided on : 27-Jul-2009

Court : Supreme Court of India

ORDER1. We are not going to take any serious view against the respondents-contemnors as we find that the tenant has already vacated the premises in question and handed over the possession to the petitioner. However, if it is found that the possession has not been handed over to the landlord-petitioner, he will be at liberty to file a fresh Contempt Petition. The Contempt Petition is accordingly disposed of. The contempt notice is discharged. ...
Jul 22 2009

Sime Darby Engineering SDN. BHD. Vs. Engineers India Ltd.

  • Decided on : 22-Jul-2009

Court : Supreme Court of India

Reported in : AIR2009SC3158; 2009(57)BLJR2010; JT2009(9)SC469; (2009)7SCC545; 2009(6)LC2902(SC):2009AIRSCW5063

ORDER1. This petition has been filed under Section 11 of Arbitration and Conciliation Act 1996 (hereinafter referred 'the said Act') by the petitioner praying for appointment of the arbitral tribunal to adjudicate the claims and disputes between the petitioner and the respondent.2. The petitioner is a company incorporated and existing under the laws of Malaysia and is engaged in the business of fabrication of all types of offshore and onshore structures and complexes. The respondent on the other hand is the company incorporated under the (Indian) Companies Act, 1956 and is inter alia engaged in the business of providing engineering and related technical services for petroleum refineries and other industrial projects.3. The necessary facts of the case are that Oil and Natural Gas Corporation Limited (ONGC) invited a tender vide notification dated November 17, 2003 for carrying work of Survey, Design, Engineering, Procurement, Fabrication, Anticorrosion and Weight coating, Laying of subm...
Jul 21 2009

State of Kerala and Anr. Vs. Peoples Union for Civil Liberties, Kerala ...

  • Decided on : 21-Jul-2009

Court : Supreme Court of India

Reported in : JT2009(9)SC573; 2009(10)SCALE25; (2009)8SCC46

S.B. Sinha, J.Issue1. Effect of a writ of or in the nature of mandamus issued by a High Court directing implementation of an enactment vis-a-vis a subsequent legislation altering or modifying the right of the beneficiaries under the former Act, inter alia, is the question involved in these appeals.2. They arise out of a judgment and order dated 24th August, 2000 passed by a Division Bench of the High Court of Kerala at Ernakulam.Background Facts3. The State of Kerala enacted the Kerala Scheduled Tribes (Restriction on Transfer of Lands and Restoration of Alienated Lands) Act, 1975 (Act No. 31 of 1975) (for short 'the 1975 Act') with the object of providing restriction on transfer of land by Members of Scheduled Tribes in the State of Kerala and for restoration of possession of lands alienated by such members and for matters connected therewith.4. The said Act received the assent of the President of India. It was included in the Ninth Schedule of the Constitution of India, being item No...
Jul 20 2009

Sigma Diagnostics Ltd. Vs. United India Insurance Co. Ltd. and Anr.

  • Decided on : 20-Jul-2009

Court : Supreme Court of India

ORDER1. Leave granted.2. Heard learned Counsel for the parties.3. The Punjab State Consumer Disputes Redressal Commission [for short, 'the State Commission'] partly allowed the complaint of the appellant and directed the respondents to pay compensation to the extent of 50% of the price of the equipment, namely, Megalix Cat X-ray Tube along with customs duty of the newly purchased equipment plus other amounts admissible under the policy, if any. The State Commission also awarded 9% interest on the amount of compensation for the period commencing 16.8.2005 till the date of payment and costs of Rs. 5,000/-. Against the order of the State Commission, both the parties preferred appeals. By the impugned order, the National Consumer Disputes Redressal Commission [for short 'the National Commission'] dismissed the appeals by observing that it should not entertain the first appeals relating to quantum of dispute any more and the complainant should be given liberty to approach the civil court fo...
Jul 16 2009

The Secretary to the Government of Haryana and Ors. Vs. Vidya Sagar

  • Decided on : 16-Jul-2009

Court : Supreme Court of India

Reported in : AIR2010SC196; 2009(9)SCALE588; 2009(3)SLJ246(SC):2009AIRSCW5839:2009(4)LHSC2569

S.B. Sinha, J.1. Leave granted.2. The sole respondent was an employee of the State of Haryana. He has since retired. He was serving in the `Health Department' of the State having joined services on 26.11.1961. He retired on 7.9.1988 on health grounds.3. He suffered an heart attack on 15.8.2002. He was treated in the Post Graduate Institute of Medical Sciences and Research, Chandigarh. He underwent a bye-pass surgery at Fortis Heart Institute and Multi-Speciality Hospital, Mohali. It is on the recognized panel of the hospitals of the State of Haryana. He submitted a bill for a sum of Rs. 1,87,907.65 towards medical expenses borne by him for its reimbursement.Relying on or on the basis of a circular issued by the State of Haryana dated 30.11.1993, the Department sanctioned payment for a sum of Rs. 1,62,298/- only.4. Aggrieved by the said order, the respondent filed a writ petition before the High Court of Punjab and Haryana. The said writ petition was allowed, holding:We have heard learn...
Jul 16 2009

Satish and Ors. Vs. State of U.P. and Ors.

  • Decided on : 16-Jul-2009

Court : Supreme Court of India

Reported in : 2010(1)AWC438(SC); JT2009(9)SC479:2009AIRSCW5560.:2009(4)LHSC2576:2009(9)Scale632

S.B. Sinha, J.1. These appeals, involving similar questions of fact and law, were taken up for hearing together and are being disposed of by this common judgment.2. National Thermal Power Corporation Ltd. is a Public Sector Undertaking and is engaged, inter alia, in generation of electricity. With an intention to set up a thermal power plant at Sarna, Murad Nagar, District Ghaziabad in the State of Uttar Pradesh and nearby villages, a requisition was sent to the Collector of the District for the purpose of acquisition of some lands belonging to the appellant herein. Pursuant to or in furtherance of the said requisition and having regard to the fact that setting up of a thermal power plant was to be treated to be a public purpose within the meaning of provisions of the Land Acquisition Act, 1894 (hereinafter called and referred to for the sake of brevity as `the Act'), the State of Uttar Pradesh (the State) on or about 6.9.1984 issued a notification in terms of Section 4 thereof.3. The ...
Jul 16 2009

National Thermal Power Corporation Ltd. Vs. Mahesh Dutta and Ors.

  • Decided on : 16-Jul-2009

Court : Supreme Court of India

Reported in : 2010(1)AWC447(SC); 2009(9)SCALE391; (2009)8SCC339; 2009(8)LC3581(SC):2009AIRSCW5277:2009(4)LHSC2585

S.B. Sinha, J.1. As all the cases involve similar questions of fact and law, they were taken up for hearing together and are being disposed of by this common judgment.2. We may, however notice the fact of the matter involved in Civil Appeal Nos. 6228-6229 of 2002.Appellant is a Government of India Undertaking (NTPC). It is engaged in the business of generation of electricity. It, for the purpose of setting up of a Thermal Power Station at Village Sarna in the District of Ghaziabad in the State of Uttar Pradesh, submitted a proposal to the State of Uttar Pradesh for acquisition of lands situated in Village Dadri, Tehsil Ghaziabad, District Ghaziabad.3. Pursuant or in furtherance of the said request, a Notification was issued in terms of Section 4 of the Land Acquisition Act, 1894 (for short `the Act') notifying the intention of State to acquire 105 Bighas 2 Biswas and 16 Biswanis (equivalent to 65.7125 acres) of lands situated at the aforementioned village. It was published in the Offic...
Jul 16 2009

Authorized Officer, Indian Overseas Bank and Anr. Vs. Ashok Saw Mill

  • Decided on : 16-Jul-2009

Court : Supreme Court of India

Reported in : AIR2009SC2420; (2009)8MLJ897(SC); 2009(II)OLR(SC)348; (2009)8SCC366; [2009]94SCL73(SC); 2009(7)LC3168(SC):2009AIRSCW4949

Altamas Kabir, J.1. Leave granted in both the Special leave petitions.2. The respondent firm and its sister concern, M/s. Ashok Woodworks, which is also a partnership firm, availed of various loans from the appellant Bank which were secured by movable and immovable assets. The loanee firms having defaulted in repayment of the loans and since their accounts became Non Performing Assets (hereinafter referred to as `NPA'), the Bank initiated action against them under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as `the SARFAESI Act') and issued separate demand notices to the respondent partnership firm and its sister concern under Section 13(2) thereof on 17th September, 2002, and 21st September, 2002, for the recovery of Rs. 1,56,47,638/and Rs. 1,40,18,468.36, respectively.3. As the respondent and its sister concern did not respond to the said demand notices, the appellant Bank invoked ...
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