Skip to content


Judgment Search Results Home > Cases Phrase: mediation Sorted by: recent Court: supreme court of india Year: 2005 Page 4 of about 118 results (0.077 seconds)

Sep 19 2005 (SC)

U.P.S.E.B. and anr. Vs. Sant Kabir Sahakari Katai Mills Ltd.

Court : Supreme Court of India

Decided on : Sep-19-2005

Reported in : 2005(4)AWC3542(SC); 2006(1)CTC481; JT2005(8)SC399; (2005)7SCC576

arijit pasayat, j. 1. these appeals are directed against the judgments rendered by a division bench of the allahabad high court. the main judgment was rendered in civil misc. writ petition no. 5859 of 1999 which is the subject-matter of challenge in civil appeal no. 7965 of 2001. following the judgment rendered in the said case other writ petitions were disposed of. in each of the writ petitions filed before the high court correctness of the electricity bills raised by the appellant no.1-uttar pradesh state electricity board (hereinafter referred to as the 'board') was questioned. the high court by the impugned judgment held that the board was as authority under article 12 of the constitution of india, 1950 (in short 'the constitution') and similar was the position so far as the writ petitioners are concerned who according to the high court were public sector undertakings. the high court held that in cases where the dispute involves the state government and a public sector undertaking, committee in the line indicated by this court in oil and natural gas commission and anr. v. collector of central excise [] (for convenience referred to as ongc-i) should be set up. accordingly it was observed that the writ petitioners would move the state through the chief secretary to constitute a committee to resolve the dispute. further direction was given to the effect that the power supply to the writ petitioners was not to be discontinued.2. according to the appellant-board factual .....

Tag this Judgment!

Sep 19 2005 (SC)

Sanatan Rana Vs. State of Jharkhand

Court : Supreme Court of India

Decided on : Sep-19-2005

Reported in : AIR2005SC3532; 2005(3)BLJR2257; 2005CriLJ4162; 2005(5)CTC504; JT2005(8)SC391; (2005)12SCC596

h.k. sema, j.1. the prosecution story unleashed by the prosecution against the three accused on the basis of fardbeyan of p.w.13-santoshila, widow of deceased rafaela hembram recorded at palazori police station, to the effect that on 31.7.1995 at about 8.30 p.m. a dacoity took place in the house of the complainant, followed by the murder of her husband by gunshot. the further case of the prosecution is that the dacoits have also committed the murder of sobran hembram, a neighbour of the informant who came to the spot on hearing the alarms. the dacoits have committed a dacoity in the torchlight. the complainant further stated that there was also a burning lantern. it was further alleged that the dacoits were not covering their faces. the complainant found one of the dacoits having his face resembling to that of sanatan murmu.2. on the basis of the fardbeyan, a criminal case was set in motion under sections 396, 397, 398 and 412 i.p.c. the trial court after the conclusion of the trial convicted the three accused including the appellant-santana rana under sections 396, 397 and 398 and recorded the conviction and sentence for life and a fine of rs. 5,000/- in default rigorous imprisonment for one year on three counts. being aggrieved all the convicted accused preferred separate criminal appeals. the appellant-santana rana preferred criminal appeal no. 130 of 2000. accused-hemlal rana preferred criminal appeal no. 175 of 2000 and accused-subodhan rana preferred criminal appeal no. .....

Tag this Judgment!

Sep 19 2005 (SC)

Col. Anil Kak (Retd.) Vs. Municipal Corporation, Indore and ors.

Court : Supreme Court of India

Decided on : Sep-19-2005

Reported in : AIR2007SC1130; 2005(4)AWC3539(SC); (SCSuppl)2006(1)CHN148; 2005(5)CTC508; [2005(4)JCR216(SC)]; JT2005(8)SC412; (2005)12SCC734

p.k. balasubramanyan, j.1. these two petitions arise from the claim for an interim injunction by the petitioner before us in a suit filed by him. the suit was for a permanent injunction restraining the respondents, the defendants in the suit from interfering with the possession of the suit land allegedly held by the petitioner including the school buildings constructed thereon and not to demolish or take any steps for removal of the constructions. an interim injunction along the same lines to enure during the suit was sought. that application was opposed. respondent no. 3, in turn sought an injunction restraining the petitioner - plaintiff from putting up any construction outside an area of 16,000 sq. ft. the trial court granted an interim injunction in favour of the petitioner but confined it to an area of 16,000 sq. ft. and the construction thereon and also restrained him from putting up any construction outside it but included in the plaint schedule. the petitioner appealed against those orders and the additional district judge allowed the appeals and modifying the order of injunction granted by the trial court, made the injunction operative in respect of the entire plaint schedule property and the structures thereon. the respondents originally filed a revision invoking section 115 of the code of civil procedure (for short 'the code') before the high court challenging the order of the first appellate court. in view of a decision rendered by that high court that no revision .....

Tag this Judgment!

Sep 19 2005 (SC)

R.C. Tobacco Pvt. Ltd. and anr. Etc. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Sep-19-2005

Reported in : 2005(102)ECC449; 2005(188)ELT129(SC); JT2005(12)SC281; (2005)7SCC725

ruma pal, j. the dispute in these matters arises out of an exemption which had been granted by the central government to new industries by notification no. 32/99-ce dated 8th july 1999 issued under section 5a of the central excise act, 1944 (referred to hereafter as 'the act'). the parties in the various proceedings which are being disposed of by this judgment, represent industries manufacturing cigarettes on the one hand (whom we will refer to as "the petitioners") and the union of india and the excise authorities on the other (who are described as "the respondents"). almost all the petitioners are job workers for large tobacco companies. they set up their units under agreements with the large tobacco companies and admittedly produced the cigarettes with the brand names of those companies. the few exceptions to this are noted subsequently. in december, 1997 the government of india had announced a separate industrial policy for the north eastern region of the country which proposed to stimulate 'synergetic' development of industries in the region by giving a package of incentives which included exemption from excise duties, transport subsidies, capital investment subsidies, interest subsidies and other benefits. pursuant to this policy, a number of notifications were issued by the concerned ministries in the government, the relevant ones for our purpose being the excise notifications nos. 32/99 and 33/99 dated 8th july 1999 by which diverse benefits were given. briefly stated .....

Tag this Judgment!

Sep 16 2005 (SC)

Mahatma Gandhi Mission Vs. City and Industrial Development Corporation ...

Court : Supreme Court of India

Decided on : Sep-16-2005

Reported in : AIR2005SC3536; 2005(5)ALLMR(SC)996; 2005(6)BomCR6; JT2005(8)SC341; (2005)12SCC115; 2005(2)LC1339(SC)

c.k. thakker, j.1. the present appeal is directed against the judgment and order passed by the high court of judicature at bombay, bench at aurangabad on october 31, 2002 in writ petition no. 4952 of 1999.2. to appreciate the controversy raised in the appeal, few relevant facts may be stated;the appellant (mahatma gandhi mission) is a charitable trust and is registered under the bombay public trusts, act, 1950. it is established with the aim and object of providing higher educational facilities in rural and backward areas of the state of maharashtra. the appellant trust is running medical and engineering colleges at new mumbai, aurangabad and nanded in maharashtra and at noida in uttar pradesh. the trust is also running other educational courses, such as, master of business administration, bachelor of journalism, nursing, etc. it is one of the reputed educational institutions in the state of maharashtra. according to the appellant - trust, respondent no. 1 city & industrial development corporation ltd. ('cidco' for short) is a statutory authority constituted under the maharashtra regional town planning act, 1966 (hereinafter referred to as the 'act') for the planned development of the city of aurangabad and for allotment of land to individuals as well as institutions for housing, commercial and charitable purposes.3. the appellant-trust for the establishment of medical college, hospital, engineering college and other institutions made an application to cidco for allotment of .....

Tag this Judgment!

Sep 15 2005 (SC)

Hari Rao Vs. N. Govindachari and ors.

Court : Supreme Court of India

Decided on : Sep-15-2005

Reported in : AIR2005SC3389; 2005(5)ALD134(SC); 2005(4)CTC694; JT2005(8)SC305; 2005(4)KLT244(SC); (2005)4MLJ115(SC); (2005)7SCC643

p.k. balasubramanyan, j.1. leave granted.2. a room in a building in thousand lights, mount road madras, is the subject matter of this proceeding. the respondent-landlord leased that room, a 'building' as defined in the tamil nadu buildings (lease and rent control) act, 1960 to the appellant. according to the landlord, the letting was for the purpose of a shoe trade or trade in leather goods by the tenant. there was a prior proceeding in which there was a compromise and the building was re-let to the tenant after it was remodeled or re-constructed. while carrying on his business, the tenant had used a part of the premises for carrying on a trade in readymade garments and that amounted to a user of the building by the tenant for a purpose other than that for which it was leased, within the meaning of section 10 of the act. the tenant had also fixed name-boards outside and drilled two holes in the walls for fixing racks for the purpose of his trade and had taken an independent three phase electric connection and for that purpose he had made holes on the floor and on the wall; that these acts of the tenant amount to commission or causing the commission of such acts of waste as are likely to impair materially, the value or utility of the building within the meaning of section 10 of the act. thus, the landlord claimed eviction of the tenant, the appellant, on these two grounds.3. the appellant resisted the claim. he contended that the original letting was not for the purpose of .....

Tag this Judgment!

Sep 15 2005 (SC)

State Bank's Staff Union (Madras Circle) Vs. Union of India (UOi) and ...

Court : Supreme Court of India

Decided on : Sep-15-2005

Reported in : AIR2005SC3446; 2005(5)CTC629; [2005(107)FLR737]; JT2005(8)SC315; (2005)IIILLJ854SC; (2005)7SCC584

arijit pasayat, j.1. challenge in this appeal is to judgment of a division bench of madras high court holding that customary bonus was not payable by the state bank of india (in short the 'bank') after banking laws (amendment) act, 1984 (central act no. 64 of 1984) (in short the 'amendment act') was enacted. appellant has questioned constitutional validity of the said amendment before the madras high court by filing a writ petition which was dismissed.2. factual position which is almost undisputed is as follows:-by the amendment act, state bank of india act, 1955 (in short the 'state bank act') and state bank of india (subsidiary banks) act, 1959 (in short the 'subsidiary act') and banking companies (acquisition and transfer of undertakings) acts, 1970 and the banking companies (acquisition and transfer of undertakings) act, 1980 (in short 'the undertakings acts') were amended. by that amending act, a new section 43-a comprising of three sub-sections (1), (2) and (3) and marginal heading 'bonus' was introduced in the state. bank act. the said section reads as under:-'(1) no officer, adviser or other employee (other than an employee within the meaning of clause (13) of section 2 of the payment of bonus act, 1965 (21 of 1965) of the state bank shall be entitled to be paid any bonus.(2) no employee of the state bank, being an employee within the meaning of clause (13) of section 2 of the payment of bonus act, 1965 (21 of 1965), shall be entitled to be paid any bonus except in .....

Tag this Judgment!

Sep 07 2005 (SC)

Union of India (Uoi) Vs. Pramod Gupta (D) by L.Rs. and ors.

Court : Supreme Court of India

Decided on : Sep-07-2005

Reported in : AIR2005SC3708; 2005(4)CTC762; JT2005(8)SC203; (2005)12SCC1

s.b. sinha, j. 1.leave granted in the special leave petitions.introduction :2. these appeals are directed against a common judgment and order dated 5.10.2001 passed by a division bench of the high court of delhi in r.f.a. no. 85 and 86 of 1987 under section 54 of the land acquisition act, 1894 (for short 'the act') whereby and whereunder the amount of compensation in respect of acquisition of land in village masoodpur with china clay and without china clay was fixed @ rs. 56/- per sq. yard and rs. 30/- per sq. yard respectively in relation to the notification dated 24.10.1961 and rs. 98/- per sq. yard and rs. 72/- per sq. yard with china clay and without china clay respectively in relation to the notification dated 23.01.1965.3. the basic fact of the matter is not in dispute. two notifications dated 24.10.1961 and 23.01.1965 were issued for acquisition of the lands measuring 1105.04 bighas and 3895.07 bigha respectively situated in village masoodpur for the public purpose of planned development of delhi, i.e., for construction of jawahar lal nehru university. declarations under section 6 of the act were issued on 6.08.1966 and 6.12.1966. two awards being award nos. 2040 and 2225 were made on 2.12.1967 and 8.04.1969. the land acquisition collector for the purpose of computation of the amount of compensation payable for acquisition of said land divided the acquired lands in three categories - viz. blocks a, b & c and awarded compensation @ rs. 1000/- per bigha for block a, rs. .....

Tag this Judgment!

Sep 05 2005 (SC)

V. Ramana Vs. A.P.S.R.T.C. and ors.

Court : Supreme Court of India

Decided on : Sep-05-2005

Reported in : AIR2005SC3417; 2005(4)AWC3079(SC); [2005(107)FLR262]; (2005)IIILLJ725SC; (2006)2MLJ162(SC); (2005)7SCC338; 2006(1)SLJ77(SC)

arijit pasayat, j.1. challenge in this appeal is to the legality of the judgment rendered by a full bench of the andhra pradesh high court holding that the order of termination passed in the departmental proceedings against the appellant was justified.2. the factual background is essentially as follows:the appellant was working as a conductor in the organization of the andhra pradesh state road transport corporation. charges were made against him which related to not issuing tickets at the boarding point itself to the passengers who were in the bus, failure to collect fare and issue tickets to persons who were alighting at a particular destination and not properly maintaining records of tickets and fare. explanation of the appellant was considered and was found to be not, satisfactory and disciplinary proceedings were initiated. the enquiry officer found him guilty of the charges leveled and after giving him opportunity of hearing as regards the quantum of punishment, order of removal from service was passed. 3. questioning correctness of the said order, writ petition was filed. learned single judge before whom the matter was placed held that there was some divergence of view in the judgments of learned single judges and, therefore, referred the matter to a larger bench. the reference was as regards the effect of acquittal in the criminal case and smallness of the amount involved. the high court by the impugned judgment held that the acquittal of the case was really of no .....

Tag this Judgment!

Sep 01 2005 (SC)

Shatrusailya Digvijaysingh Jadeja Vs. Commissioner of Income Tax, Rajk ...

Court : Supreme Court of India

Decided on : Sep-01-2005

Reported in : AIR2005SC3995; (2005)197CTR(SC)596; 2005(192)ELT22(SC); [2005]277ITR449(SC); JT2005(8)SC113; (2005)7SCC292

kapadia, j.1. these appeals by special leave have been filed against an additional direction given by the gujarat high court vide judgment dated 25.9.2002 holding the appellant liable to pay interest under the kar vivad samadhan scheme, 1998 (for short 'the scheme') on the tax arrears to be determined by the designated authority (for short 'da').2. the appellant filed a writ petition in the gujarat high court against the rejection of the declarations made by the assessee under the said scheme.3. by the impugned judgment, the high court held that the declarations filed by the appellant herein were competent as the assessee's revision applications were pending on the date of filing of the declarations. the department was, therefore, directed to entertain the declarations, to determine the amount payable and to grant a certificate under section 90(1).4. the decision of the gujarat high court dated 25.9.2002 was challenged by the department before this court vide civil appeal no. 4411 of 2003. by judgment pronounced today by this court, we have upheld the decision of the gujarat high court in holding that the declarations filed by the assessee under section 88 of the scheme were competent and that the high court was right in directing the da to determine the amount payable under section 90(1) of the scheme.5. in these appeals, the only grievance of the appellant is that the additional direction given by the impugned judgment making the appellant liable to pay interest on the .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //