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Judgment Search Results Home > Cases Phrase: mediation Court: supreme court of india Year: 1993 Page 9 of about 118 results (0.268 seconds)

Apr 13 1993 (SC)

M/S. B.K. Industries and Others, Etc. Etc. Vs. Union of India and Othe ...

Court : Supreme Court of India

Decided on : Apr-13-1993

Reported in : AIR1993SC2123; 1993(65)ELT465(SC); JT1993(2)SC709; 1993(2)SCALE541; 1993Supp(3)SCC621; [1993]3SCR51; [1993]91STC548(SC)

orderb.p. jeevan reddy, j.1. the petitioners in this batch of writ petitions question the validity of the levy and collection of cess under section 3 of the vegetable oils cess act, 1983 for the period commencing 1st march, 1986 and ending with 31st march, 1987.2. parliament enacted in the year 1983 the national oilseeds and vegetable oils development board act, 1983 (being act 29 of 1983) hereinafter referred to as the board act. the act was intended to provide for the development, under the control of the union, of the oilseeds industry and the vegetable oils industry and for matters connected therewith. the act contemplated establishment and constitution of a board called the national oilseeds and vegetable oils development board. the functions of the board were specified in section 9. in short the duty of the board was to promote the development, by such measures as it thought fit, subject to the control of the central government, the oilseeds industry and the vegetable oils industry. section 12 provided for constitution of oil seeds and vegetable oils development fund. the fund was to be applied for promoting the purposes of the act.3. simultaneously with the board act was enacted the vegetable oils cess act, 1983 (being act 30 of 1983), hereinafter referred to as the cess act. the purpose of this act is stated in sub-section (1) of section 3. it is to levy and collect 'by way of cess, for the purposes of the national oil seeds and vegetable oils development board act, .....

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Jul 14 1993 (SC)

Shiromani Gurdwara Prabandhak Committee, Amritsar Vs. Mihan Singh (Dea ...

Court : Supreme Court of India

Decided on : Jul-14-1993

Reported in : JT1993(4)SC202; (1993)104PLR634; 1993(3)SCALE149; (1993)3SCC650; [1993]Supp1SCR141

madan mohan punchhi, j.1. this appeal has arisen from the judgment order dated. august 10, 1978 passed by a division bench of punjab and haryana high court at chandigarh in regular first appeal no. 252 of 1963.2. the appellant, shiromani gurudwara prabandhak committee, amritsar, (hereinafter referred to as 'sgpc') is a product of the sikh gurdwara act, 1925, (hereinafter referred to as 'the act'). the state government of punjab received a petition under section 7(1) of the act from sikh worshippers of a gurdwara, numbering more than 50, qualified residence-wise to so apply, praying for the gurdwara to be declared a sikh gurdwara. as per requirement of sub-section (2) of section 7 of the act, the name of the gurdwara given was gurwara sahib bara situated in the revenue estate of village balian, tehsil and district sangrur. a list of properties said to be belonging to the gurdwara was also given, besides the, names of the persons who were in possession of those properties. as required, under sub-section (3) of section 7, publication of the petition under section 7(1) and the list of the properties provided under section 7(2) were notified on 1.11.1960 and notices under section 7(4) were sent to the persons in possession of the properties, said to belong to the gurdwara.3. the respondent mihan singh (now dead and represented) moved a petition under section 8 of the act before the state government claiming that the said gurdwara was not a sikh gurdwara, and that he was a .....

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Oct 28 1993 (SC)

Entertainment Tax Officer and anr. Vs. Ambae Picture Palace

Court : Supreme Court of India

Decided on : Oct-28-1993

Reported in : JT1993(6)SC221; 1993(4)SCALE295; (1994)1SCC209; [1993]Supp3SCR453; [1995]96STC338(SC)

yogeshwar dayal, j.1. this is an appeal on behalf of the entertainment tax officer-i, khammam and the state of andhra pradesh against the judgment and decree of the high court of andhra pradesh dated 3rd april, 1986 whereby a division bench of the high court struck down section 1 of act no. 16 of 1985 (the andhra pradesh entertainments tax (amendment) act, 1985) to the extent of its applicability retrospectively between 7th september, 1984 to 24th october, 1984.2. to appreciate the point it is necessary to deal with the history of the entertainments tax acts in andhra pradesh.3. the andhra pradesh entertainments tax act, 1939 (act no. x of 1939) provided for levy of tax at the fixed rate on the basis of percentage of payment made by a person for admission to any entertainment. however, in 1976 by act no. 58 of 1976, section 4-c was introduced under which tax was levied on entertainment show on the basis of certain percentage of the gross collection capacity of the show within the jurisdiction of any local authority whose population does not exceed 25,000. under section 5, as introduced by that act, it was open to a proprietor of the cinema to enter into an agreement with the concerned authority to compound the tax payable under section 4-c for a fixed sum in accordance with the formula prescribed under section 5. this continued till december 31, 1983.4. by the andhra pradesh entertainments tax (amendment) ordinance, 1983 certain amendments were brought about. this amendment .....

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Nov 02 1993 (SC)

State of J and K Vs. J and K High Court Bar Association, Srinagar and ...

Court : Supreme Court of India

Decided on : Nov-02-1993

Reported in : 1995(2)SCALE239; 1994Supp(3)SCC708

order1. special leave granted.2. on a petition filed under article 226 of the constitution by the bar association of jammu and kashmir at srinagar, a division bench of the high court comprising nathur, cj, and kochhai, j, directed the respondents by the order dated 22nd october 1993 to permit shri z.a. shah, advocate, and counsel for the petitioner to enter the hazratbal shrine and report all the matters enumerated in the said order. as the state had an objection to the access of shri shah into the shrine it approached this court by way of a special leave petition (no. 17239/93). this court passed an order on 24.10.93 permitting the state to seek a modification of that order, in that, in place of shri shah a team of willing red-cross personnel (not exceeding five in number) may be permitted to enter the shrine and report all matters enumerated in the high court, if it so pleased. it appears that thereafter on the state's motion, the high court modified the order whereby four medical officers were appointed in place of shri shah to visit the hazratbal shrine in compliance with its order of 22.10.93. the said team of medical officers submitted a report to the high court on 29.10.93 inter alia stating that the total number of persons inside the shrine were 80 in addition to some other persons whom they were not allowed to see. amongst the persons present in the shrine seen by this team of medical officers were one woman, 21 sick persons, out of whom two were serious but no child .....

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Oct 13 1993 (SC)

State of West Bengal Vs. M/S. Naional Builders

Court : Supreme Court of India

Decided on : Oct-13-1993

Reported in : AIR1994SC200; 1994(1)BLJR205; (1994)2CALLT39(SC); JT1993(6)SC144; 1993(4)SCALE187; (1994)1SCC235; [1993]Supp3SCR251; 1994(1)LC81(SC)

orderr.m. sahai, j. 1. the two questions of law that arise for consideration in this appeal are if the refusal of an arbitrator to resign while not accepting the joint request of the parties to extend time for arbitration and leave it to them to decide their future course of action amounts to refusal to act by the arbitrator within the meaning of section 8(1)(b) of the arbitration act (in brief 'the act' and if it be so whether he power to appoint next arbitrator vests in the court or it has once again to be in accordance with the procedure provided in the agreement.2. dispute about settlement of claim in respect of construction of 250 bed hospital at basudevpura having arisen between the respondent (contractor) and the appellant (public works department of the state of west bengal) the chief engineer nominated a superintending engineer as arbitrator in accordance with clause 25 of the agreement, relevant part of which runs as under :-except where otherwise provided in the contract all questions and disputes - shall be referred to the sole arbitration of the chief engineer of the department. should the chief engineer be for any reason unwilling or unable to act as such arbitrator, such questions and disputes shall be referred to an arbitrator to be appointed by the chief engineer. when despite 59 settings the proceedings did not come to an end and the arbitrator entertained certain applications of the appellant at a belated stage the respondent sought his resignation for .....

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Sep 07 1993 (SC)

State of Uttar Pradesh and Others Vs. Sheopat Rai and Others

Court : Supreme Court of India

Decided on : Sep-07-1993

Reported in : [1993]Supp2SCR136

ordern. venkatachala, j.1. this appeal on a certificate of fitness to appeal to this court granted by the high court of judicature at allahabad relates to its judgment dated august 29, 1972 in civil miscellaneous writ petition no. 4163 of 1972.2. antecedent facts of this appeal, which need brief mention, are these:on 30th june, 1972, the uttar pradesh excise (amendment) ordinance 1972, hereinafter referred to as 'the ordinance', was promulgated by the governor of uttar pradesh in exercise of the po`wers conferred upon him by clause (1) of article 213 of the constitution. the ordinance, which omitted clause (3) of the proviso to section 21 and sub-section (3) of section 40 of the united provinces excise act, 1910 hereinafter referred to as 'the u.p. excise act', inserted therein section 24-a which read:24-a(1) subject to the provisions of section 31, the excise commissioner may grant to any person a licence or licences for the exclusive privilege of selling by retail at shops (for consumption both on and off the licensed premises or for consumption off the licensed premises only) any foreign liquor in any locality.(2) the grant of licence or licences under sub-section (1) in relation to any locality shall be without prejudice to the grant of licences for the retail sale of foreign liquor in the same locality in hotels and restaurants for consumption on their premises.(3) where more licences than one are proposed to be granted under sub-section (1) in relation to any locality .....

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May 14 1993 (SC)

R.K. JaIn Vs. Union of India and Others

Court : Supreme Court of India

Decided on : May-14-1993

Reported in : AIR1993SC1769; 1993(65)ELT305(SC); JT1993(3)SC297; 1993(2)SCALE843; (1993)4SCC120; [1993]3SCR802

ordera.m. ahmadi, j.1. we have had the benefit of the industry, erudition and exposition of the constitutional and jurisprudential aspects of law on the various questions urged before us in the judgment of our esteemed brother k. ramaswamy, j. but while concurring with the hereinafter mentioned conclusions recorded by him we would like to say a few words to explain our points of view. since the facts have been set out in detail by our learned brother we would rest content by giving an abridged preface which we consider necessary.2. it nil began with the receipt of a letter dated december 26, 1991, from shri r.k. jain, editor, excise law times, addressed to the then chief justice of india, shri m.h. kania, j., complaining that as the customs, excise and gold control appellate tribunal for, short 'the cegat') was without a president for the last over six months the of functioning of the tribunal was adversely affected, in that, the benches sit for hardly two hours or so, the sittings commence late at about 10.50 a.m., there is a tendency to adjourn cases on one pretext or the other so much so that even passing of interim orders, like stay orders, etc., is postponed and inordinately delayed, and the general tendency is to work for only four days in a week. the work culture is just not there and the environmental degradation that has taken place is reflected in the letter of shri g. sankaran dated june 3, 1991 who prematurely resigned as the president of the cegat. lastly, he .....

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Jul 13 1993 (SC)

M/S. Shriram Chits and Investment (P.) Ltd. Vs. Union of India and Oth ...

Court : Supreme Court of India

Decided on : Jul-13-1993

Reported in : AIR1993SC2063; [1994]79CompCas298(SC); (1994)2CompLJ430(SC); JT1993(4)SC399; 1993(3)SCALE125; 1993Supp(4)SCC226; [1993]Supp1SCR54

orderyogeswar dayal, j.1. this order will dispose of civil appeal no.448 of 1989 and the batch coupled with writ petition no.1092 of 1991 and the batch. civil appeal no.448 of 1989 arises from the judgment of the karnataka high court at bangalore dated 29th april, 1989 passed in writ petition nos.19321/86, 17110/84, etc.2. the above appeals and writ petitions involve challenge to constitutional validity of the chit funds act, 1982 (central act no.40 of 1982) (hereinafter called as 'the act' or 'the impugned act').3. the various appellants/petitioners are either public/private limited companies incorporated under the companies act, 1956 or proprietary or partnership concerns or individual organisers. according to section 1(3) of the act is will come into force on such date as the central government may by notification in the official gazette, appoint and different dates may be appointed for different states. in all these matters, apart from challenge to the vires of various provisions of the act, the legislative competence of parliament, which enacted the act, has also been challenged.4. in karnataka the impugned act came into force on 2nd january, 1984. there was no act in this state for regulating chit fund business and as a result, some of the chit fund companies in tamil nadu, kerala, maharashtra and andhra pradesh which came under their respective regulatory measures shifted their business to karnataka state and carried on chit fund business in that state without being .....

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Mar 16 1993 (SC)

State of Maharashtra Vs. Dr. Budhikota Subbarao

Court : Supreme Court of India

Decided on : Mar-16-1993

Reported in : 1993(1)Crimes1124(SC); JT1993(3)SC373; 1993(2)SCALE36; (1993)3SCC71; [1993]2SCR300

r.m. sahai, j.1. the principal question of law, and, an important one, that arises for consideration in appeal no. 276 of 1993 [arising out of s.l.p. (crl.) no.986 of 1992] which shall reflect on appeal no. 277 of 1993 [arising out s.l.p. (crl.) no. 987 of 1992], as well, filed by the state of maharashtra against the judgment and order of the bombay high court, affirming the order of the trial judge discharging the accused, is if the absence of sanction, by the appropriate authority, under section 197 criminal procedure code (in short 'the code') for prosecuting a retired public servant, vitiates the proceedings.2. although facts are brief and simple too, but the high court, unfortunately, instead of confining itself to the legality of discharge, either for lack of the sanction under section 197 of the code or for the improper authorisation under the official secrets act 1923 (in brief 'the o.s. act') and atomic energy act 1962 (referred to as 'a.e. act') the two statutes for violation of which the accused was charged, was led away to record findings as if the accused was deliberately subjected to undue harassment by the state aided by the alleged unreasonable attitude of the public prosecutor. so much so that the learned judge allowed an application of the accused, in the revision filed by the state against his discharge, and set aside the order of additional sessions judge (in brief 'asj') framing charges against him as it was vitiated by fraud, merely because the state did .....

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Mar 31 1993 (SC)

Shashi Kumar Sinha and ors. Vs. State of Bihar and ors.

Court : Supreme Court of India

Decided on : Mar-31-1993

Reported in : [1993]78CompCas149(SC); 1993(2)SCALE476; 1993Supp(3)SCC475

b.p. jeevan reddy, j.1. in the year 1971, the government of india in the ministry of food, agricultural, community development and co-operation propounded a scheme through its directorate of extension for the creation of agro service centers in rural areas. the scheme envisaged not only providing technical services to the agriculturists but also to provide employment to unemployed engineers and technically trained personnel. the object of the scheme and its particulars are stated elaborately in this court's order dated september 30, 1985. suffice it to mention that the scheme contemplated establishment of agro service centers all over the country, for which purpose the engineers and other technically trained persons were to be provided with finance ranging from rs. 50,000/- to rs. 2 lakhs. banks and other financial institutions were to provide the funds. the loan was re-payable in prescribed instalments. the scheme also contemplated a subsidy in the matter of payment of interest of such loans so that the borrowers may be liable to pay interest not exceeding 5% for a initial period of three years. the scheme was launched with all good intentions, but within a few years, it was found, most of the agro service centers failed. the reasons for failure are manifold. while the petitioners (the engineers and other technical personnel who established the agro-service centers) blame the banks for their un-cooperative and unsympathetic policy, the banks in turn blame the petitioners. .....

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