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Aug 29 2014

Ashraf Kokkur Vs. K.V.Abdul Khader Etc.

  • Decided on : 29-Aug-2014

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 69-70 OF2012Ashraf Kokkur Appellant (s) Versus K.V. Abdul Khader Etc. Respondent (s) JUDGMENT KURIAN, J.: The simple question arising for consideration in this case is whether the averments in the election petition disclose a cause of action as required under Order VII Rule 11(a) of the Code of Civil Procedure, 1908 (hereinafter referred to as CPC). Incidentally, it may be noted that the election petition has been dismissed by the impugned judgment dated 16.11.2011, which reads as follows:JUDGMENT I.A. 4/11 is allowed. Election petition is dismissed in limine as it does not disclose a complete cause of action or a triable issue. Of course, detailed reasons are given in the order dated 16.11.2011 in I.A. 4/2011, which is also under challenge in one of the appeals. The sole ground in the election petition is that the respondent is disqualified under Article 191(1)(a) of the Constitution of India, since he was holding the post of Chairperson of the Kerala State Wakf Board. To the extent relevant, the Article reads as follows:191. Disqualification for membership.-(1) xxx (a) if he holds office of profit under the Government of India or the Government of any State specified in the First Schedule, other than an office declared by the Legislature of the State by law not to disqualify its holder; (Emphasis supplied) The High Court has taken the view that the election petition does not clearly contain a ...

Aug 27 2014

Manoj Narula Vs. Union of India

  • Decided on : 27-Aug-2014

Court : Supreme Court of India

IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.289 OF2005Manoj Narula ... Petitioner Versus Union of India ...Respondent JUDGMENT Dipak Misra, J.[for himself, R.M. Lodha, C.J., and S.A. Bobde, J.]. A democratic polity, as understood in its quintessential purity, is conceptually abhorrent to corruption and, especially corruption at high places, and repulsive to the idea of criminalization of politics as it corrodes the legitimacy of the collective ethos, frustrates the hopes and aspirations of the citizens and has the potentiality to obstruct, if not derail, the rule of law. Democracy, which has been best defined as the Government of the People, by the People and for the People, expects prevalence of genuine orderliness, positive propriety, dedicated discipline and sanguine sanctity by constant affirmance of constitutional morality which is the pillar stone of good governance. While dealing with the concept of democracy, the majority in Indira Nehru Gandhi v. Raj Narain[1]., stated that democracy as an essential feature of the Constitution is unassailable. The said principle was reiterated in T.N. Seshan, CEC of India v. Union of India and ors.[2].. and Kuldip Nayar v. Union of India & Ors.[3]. It was pronounced with asseveration that democracy is the basic and fundamental structure of the Constitution. There is no shadow of doubt that democracy in India is a product of the rule of law and aspires to establish an egalitarian social order. ...

Aug 27 2014

Uoi & Ors Vs. Naresh Chander

  • Decided on : 27-Aug-2014

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.6177 OF2004Hindustan Petroleum Corporation Ltd. Appellant Versus Dilbahar Singh Respondent WITH CIVIL APPEAL NO.2162 OF2004CIVIL APPEAL NO.2901 OF2006CIVIL APPEAL NO.6954 OF2005CIVIL APPEAL NO.7520 OF2005CIVIL APPEAL NO.5212 OF2006CIVIL APPEAL NO.2859 OF2006CIVIL APPEAL NO.3313 OF2007CIVIL APPEAL NO.1224 OF2006SLP (C) NO.34303 of 2009 CIVIL APPEAL NO.7491 OF2004SLP (C) No.11931 of 2011 SLP (C) No.22248 OF2007CIVIL APPEAL NO.7066 OF2005JUDGMENT R.M. LODHA, CJI. This group of eleven appeals and three special leave petitions has been referred to the 5-Judge Bench to resolve the conflict into the two 3-Judge Bench decisions one, Rukmini [1]. and the other, Ram Dass[2].. Ram Dass2 has followed Moti Ram[3].. At the time of hearing of Civil Appeal No.6177 of 2004, Hindustan Petroleum Corporation Ltd. v. Dilbahar Singh, the 2-Judge Bench, while dealing with the meaning, ambit and scope of the words legality and propriety under Section 15(6) of the Haryana Urban (Control of Rent & Eviction) Act, 1973 (for short, the Haryana Rent Control Act), was confronted with the question whether the High Court (as revisional authority) under Section 15(6) could interfere with the findings of fact of the first appellate Court/first appellate authority. The appellant relied upon the decision of this Court in Rukmini1 in support of its contention that the revisional Court is not entitled to re-appreciate evidence. ...

Aug 26 2014

Balwan & Ors. Vs. State of Haryana

  • Decided on : 26-Aug-2014

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1842 OF2014[Arising out of Special Leave Petition (Crl.) No.6673 of 2012]. Balwan & Ors. Appellant(s) versus State of Haryana Respondent(s) With CRIMINAL APPEAL No.1844 OF2014(Arising out of Special Leave Petition (Crl.) No.6384 of 2012) And CRIMINAL APPEAL No.1843 OF2014(Arising out of Special Leave Petition (Crl.) No.6674 of 2012) JUDGMENT C. NAGAPPAN, J.1. Leave granted.2. These three appeals are preferred against the common judgment dated 27.01.2012 passed by the High Court of Punjab and Haryana at Chandigarh in Criminal Appeal no.486-DB of 2004 and Criminal Appeal no.547-DB of 2004.3. The appellants herein are six in numbers and were tried along with others for the charges under Sections 148, 149, 302, 307, 449, 323 and 216 of Indian Penal Code and in addition under Section 25 of the Arms Act, 1959 against appellant Naresh and the Trial Court found them guilty of the offence under Section 302 read with Section 149 IPC and sentenced them each to undergo imprisonment for life and to pay fine of Rs.10,000/- each with default sentence; further found them guilty for the offence under Section 307 read with Section 149 IPC and sentenced them each to undergo rigorous imprisonment for 8 years and to pay fine of Rs.5000/- each with default sentence; further found them guilty for the offence under Section 449 read with Section 149 IPC and sentenced them each to undergo rigorous imprisonment ...

Aug 26 2014

M/s Paradeep Phosphate Ltd. Vs. Paradeep Phosphate Mazdoor Union & Ors ...

  • Decided on : 26-Aug-2014

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO.8151 OF2014(arising out of SLP(C) No.822 of 2013) M/S PARADEEP PHOSPHATE LTD. APPELLANT VERSUS PARADEEP PHOSPHATE MAZDOOR UNION & ORS. RESPONDENTS With Civil Appeal No.8152 of 2014 (@)S.L.P(C) No.23088 of 2014 @ SLP(C) CC No.4627/2013) JUDGMENT SUDHANSU JYOTI MUKHOPADHAYA, J.Delay condoned. Leave granted.2. The Division Bench of Orissa High Court, Cuttack by its impugned judgment dated 17th September, 2012 in O.J.C. No.7464 of 2000 allowed the writ petition preferred by respondents and directing the appellant to enforce notification dated 28th April, 2000 issued by the State Government for abolition of the Contract Labour in respect of workers engaged in DAP Plant-cleaning of Granulation, dry section, cleaning in combustion chamber, etc. The Division Bench further directed the appellant to regularize the workers engaged in the DAP plant. The aforesaid judgment was challenged by the appellant by filing a review petition. The same was heard and disposed of vide impugned order dated 20th December, 2012 by which the judgment dated 17th September,2012 was modified to the extent that not all the workers engaged in DAP Plant but those who were engaged in cleaning of Granulation, dry section, cleaning in combustion chamber, were directed to be regularized. The aforesaid judgment and order passed in writ petition and review petition are under challenge in these appeals.3. The factual matrix of the ...

Aug 26 2014

M/s Navodaya Mass Entertainment Ltd. Vs. M/s J.M.Combines

  • Decided on : 26-Aug-2014

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 7128-7129 OF2011M/s. Navodaya Mass Entertainment Ltd. . Appellant :Versus: M/s. J.M. Combines ....Respondents JUDGMENT Pinaki Chandra Ghose, J.These appeals have been filed assailing the common judgment and order dated 1.9.2009 passed by the Madras High Court in O.S.A. Nos.34 of 2009 and 140 of 2009 by which the High Court while allowing O.S.A. No.34 of 2009 filed by Respondent No.1, dismissed O.S.A. No.140 of 2009 filed by the appellant herein. The facts of the case briefly stated are as follows: The appellant offered a business proposal to the first respondent herein and they entered into an agreement on July 30, 1998, whereby it was agreed that the first respondent shall procure, install and operate an amusement ride for both adults and children called SLAMBOB in the amusement park Kishkinta which was maintained by the appellant. The Agreement also provided that the first respondent shall maintain the equipment by effecting necessary repairs etc. The Agreement further provided that the collection from the ride would be shared in the ratio of 60:40 by the first Respondent and the appellant in the first year of its operation, and thereafter in the ratio of 50:50 in the subsequent years. It also provided for a guaranteed minimum gross collection of Rs.10 lakhs for the first year and Rs.8.33 lakhs for the subsequent 9 years. The Agreement was in force for a period of 10 years and could be ...

Aug 26 2014

Bishan Dass Vs. State of Punjab and Anr.

  • Decided on : 26-Aug-2014

Court : Supreme Court of India

Non-Reportable IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1837 OF2014(Arising out of S.L.P. (Crl.) No.2331/2014) BISHAN DAS .. Appellant Versus STATE OF PUNJAB AND ANR. ..Respondents ORDER R. BANUMATHI, J.Leave granted.2. This appeal is preferred against the judgment of Punjab and Haryana High Court dated 18.12.2013 passed in Criminal Revision No.3982/2013 confirming the conviction of the appellant under Sections 420 and 177 IPC as ordered by the Appellate Court.3. The case of the prosecution in brief is that the appellant was Sarpanch of Gram Panchayat, Baurhi. The charge against the appellant is that the appellant had knowingly issued a false certificate in favour of Lal Chand that he did not own any property except the land which he had made fit for cultivation, though Lal Chand had owned 13 kanals and 13 marlas of land situated in village Baruhi and his wife owned 70 kanals of land in village Baruhi. Based on the said false certificate pretending to be the landless person, Lal Chand sought allotment of land and on the basis of the certificate, land was allotted to Lal Chand. The appellant along with the co-accused Lal Chand was charged for the offences under Sections 420, 465, 467, 468, 471 and 120B IPC and the trial court convicted the appellant for the aforesaid offences and imposed various sentences inter alia two years rigorous imprisonment for the offence under Section 420 IPC.4. In the appeal, the Addl. Sessions Judge, ...

Aug 25 2014

Manohar Lal Sharma Vs. The Principle Secretary & Others

  • Decided on : 25-Aug-2014

Court : Supreme Court of India

REPORTABLE IN THE SUPREME COURT OF INDIA ORIGINAL JURISDICTION WRIT PETITION (CRL.) No.120 OF2012Manohar Lal Sharma Petitioner Vs. The Principal Secretary & Ors. Respondents WITH WRIT PETITION [C]. No.463 OF2012WRIT PETITION [C]. No.515 OF2012WRIT PETITION [C]. No.283 OF2013JUDGMENT R.M. LODHA, CJI. Coal is king and paramount Lord of industry is an old saying in the industrial world. Industrial greatness has been built up on coal by many countries. In India, coal is the most important indigenous energy resource and remains the dominant fuel for power generation and many industrial applications. A number of major industrial sectors including iron and steel production depend on coal as a source of energy. The cement industry is also a major coal user. Coals potential as a feedstock for producing liquid transport fuels is huge in India. Coal can help significant economic growth. Indias energy future and prosperity are integrally dependant upon mining and using its most abundant, affordable and dependant energy supply which is coal. Coal is extremely important element in the industrial life of developing India. In power, iron and steel, coal is used as an input and in cement, coal is used both as fuel and an input. It is no exaggeration that coal is regarded by many as the black diamond.2. Being such a significant, valuable and important natural resource, the allocation of coal blocks for the period 1993 to 2010 is the subject matter of this group of writ petitions filed in the ...

Aug 25 2014

Balwant Rai Saluja & Anr Etc.Etc. Vs. Air India Ltd.& Ors.

  • Decided on : 25-Aug-2014

Court : Supreme Court of India

R e p o r t a b l e IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 10264-10266 OF2013|BALWANT RAI SALUJA & ANR. | .. APPELLANT(S) | VERSUS |AIR INDIA LTD. & ORS. | .. RESPONDENT(S) | JUDGMENT H.L. Dattu, J.1. In view of the difference of opinion by two learned Judges, and by referral order dated 13.11.2013 of this Court, these Civil Appeals are placed before us for our consideration and decision. The question before this bench is whether the workmen engaged in statutory canteens, through a contractor, could be treated as employees of the principal establishment.2. At the outset, it requires to be noticed that the learned Judges differed in their opinion regarding the liability of the principal employer running statutory canteens and further regarding the status of the workmen engaged thereof. The learned Judges differed on the aspect of supervision and control which was exercised by the Air India Ltd. (for short, the Air India)- respondent No.1, and the Hotel Corporations of India Ltd. (for short, the HCI)-respondent No.2, over the said workmen employed in these canteens. The learned Judges also had varying interpretations regarding the status of the HCI as a sham and camouflage subsidiary by the Air India created mainly to deprive the legitimate statutory and fundamental rights of the concerned workmen and the necessity to pierce the veil to ascertain their relation with the principal employer.3. The Two Judge bench has expressed contrasting ...

Aug 22 2014

Pulsive Technologies P.Ltd. Vs. State of Gujarat & Ors.

  • Decided on : 22-Aug-2014

Court : Supreme Court of India

NON-REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL No.1808 OF2014[Arising out of Special Leave Petition (Crl.) No.9901 of 2011]. Pulsive Technologies P. Ltd. Appellant Vs. State of Gujarat & Ors. Respondents WITH CRIMINAL APPEAL NO.1807 OF2014[Arising out of Special Leave Petition (Crl.) No.9915 of 2011]. JUDGMENT (SMT.) RANJANA PRAKASH DESAI, J.1. Leave granted.2. These appeals are directed against the judgment and order dated 08/09/2011 passed by the High Court of Gujarat in Criminal Misc. Application No.1757 of 2007 and Criminal Misc. Application No.9158 of 2007 whereby the High Court of Gujarat quashed the criminal complaint filed by the appellant being Criminal Case No.6076 of 2006 pending on the file of the Chief Judicial Magistrate of Vadodara for offences punishable under Section 138 and 142 of the Negotiable Instruments Act (the NI Act). Brief facts of the appellant-Companys case.3. The appellant in both the appeals is the original complainant. It is a private limited company. Contesting respondent No.2 in appeal arising out of SLP No.9915 of 2011 is the accused company and contesting respondent nos. 2 to 4 in appeal arising out of SLP No.9901 of 2011 are its directors.4. In the course of its business, the accused received bulk orders from Gujarat Informatics Limited (GIL), a Government of Gujarat Company for supply of desktop computers, printers, UPS and other products. The complainant being one of the approved vendors on ...

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