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- 2010 (12) TMI 1317 - SUPREME COURT
... ... ..... the Pramukh is vacant Section 9(2) or when the Pramukh is unable to discharge functions Section 9A will be unworkable. Therefore, for a harmonious interpretation of the different provisions of the amending Act, the non-obstante clause in Section 7(3) must be given a restricted meaning so as not be in conflict with other provisions of the amending Act. 47. The expressions as if the said Act were not enacted' in Section 7(3) of the amending Act apply only where by way of general amendment of the Uttar Pradesh Kshetra Panchayat and Zilla Adhiniyam 1961, the words Up-Pramukh have been omitted. 48. We, therefore, affirm the orders passed by the District Magistrates in exercise of their power under Section 9(2) and 9A. We cannot agree with the reasoning to the contrary given in the High Court judgment. 49. In light of the above reasoning, the appeals are allowed, the judgments of the High Court in all these cases are set aside. 50. There will be, however, no order as to costs.
- 2010 (12) TMI 1302 - SUPREME COURT
... ... ..... n view of the above conclusions, the cross-objections filed on behalf of the Union of India and the Land Acquisition Collector in C.A. Nos.6564 and 6565 of 2001 are disposed of as infructuous. However, as the judgments of the Reference Court and the High Court have been set aside and a direction has been given for fresh determination of the amount of compensation payable to the respondents, the Union of India and the Land Acquisition Collector shall be free to participate in the proceedings before the Reference Court. 30. Since the matter is more than 32 years old, we direct the Reference Court to decide the matter as early as possible but latest within 9 months from the of date of receipt of the copy of this judgment. 31. We further direct that if the amount of enhanced compensation determined by the Reference Court vide judgments dated 27.7.1980 and 14.5.1994 has already been paid to the respondents or their predecessors, then they shall not be required to refund the same.
- 2010 (12) TMI 1301 - SUPREME COURT
... ... ..... ict Anti-Money Lending Committee was constituted by the Government of Maharashtra vide resolution No. MLA.1204/CR/280/C/7/S dated 19th October, 2009 for protecting the farmers against unscrupulous money lenders and not for protecting the wrong doers, but in total disregard of the scheme of the Act, the Chief Minister gave instructions which had the effect of frustrating the object of the legislation enacted for protection of the farmers. The instructions given by the Chief Minister to District Collector, Buldhana were ex facie ultra vires the provisions of the Act which do not envisage any role of the Chief Minister in cases involving violation of the provisions of the Act and amounted to an unwanted interference with the functioning of the authorities entrusted with the task of enforcing the Act enacted for regulating, controlling transactions of money lending and protecting unsuspecting borrowers against oppression and harassment at the hands of unscrupulous money lenders.
- 2010 (12) TMI 1298 - SUPREME COURT
... ... ..... of Section 84 of the Act. In such cases, we have little hesitation in holding that such casual vacancies are not available for being filled up and the Commission will have to wait for holding elections in such Constituencies until a decision is rendered in regard to the latter part of Section 84 of the 1951 Act during the life of the House. The view expressed by the High Court that a case has to be decided in accordance with the laws as existing on the date of adjudication, while salutary in principle, are not attracted to the facts of this case in view of the provisions of Section 84 of the 1951 Act. 36. The Appeal is, therefore, allowed and the judgment and order of the High Court is, accordingly, set aside and the writ petition filed by the Respondent No. 1 herein for a direction to hold bye-elections for the 28- Vemulawada Assembly Constituency and 29-Sircilla Assembly Constituency is dismissed. Having regard to the facts involved, the parties will bear their own costs.
- 2010 (12) TMI 1290 - SUPREME COURT
... ... ..... he High Court, we are satisfied that the sanction order has been issued in according with law. 16. Learned Counsel for the Appellant secondly submitted that the judgment recorded by both the courts below is contrary to the evidence on record. We have examined the entire issue. We are of the considered opinion that the trial court as well as the High Court have analyzed the entire evidence and clearly held that a demand was definitely made by the Appellant for delivery of the tax certificate. The trial court as well as the High Court have made a reference to the evidence given by PWs. 2 and 3 who have categorically stated that the demand was made by the Appellant. No other point was urged before us. 17. We may notice that the entire trap have been meticulously orchestrated by the prosecution authority. We are unable to discern any arbitrariness or inconsistencies in the concurrent findings recorded by the courts below. We find no merit in this appeal. The appeal is dismissed.
- 2010 (12) TMI 1280 - SUPREME COURT
... ... ..... earned Solicitor General should instruct the concerned Ministries to approach National Institute of Public Health to undertake a comprehensive analysis and study of the contents of gutkha, tobacco, pan masala and similar articles manufactured in the country and harmful effects of consumption of such articles. The learned Solicitor General says that a report based on such study will be made available within eight weeks. 2) The Plastics (Manufacture, Usage and Waste Management) Rules, 2009 be finalised, notified and enforced within a period of eight weeks from today. 3) The direction contained in the impugned order of the High Court for imposition of fine shall remain stayed. 4) Respondent Nos. 3 to 15 and other manufacturers of gutkha, tobacco, pan masala are restrained from using plastic material in the sachets of gutkha, tobacco and pan masala. This direction shall come into force with effect from 1st March, 2011. 3. For further hearing, the case be listed on March 9, 2011.
- 2010 (12) TMI 1267 - SUPREME COURT
... ... ..... appellant that fresh materials were collected by the investigating agency and placed before the sanctioning authority for reconsideration and/or for review of the earlier order refusing to grant sanction. As a matter of fact, from the perusal of the subsequent order dated March 15, 2008 it is clear that on the same materials, the sanctioning authority has changed its opinion and ordered sanction to prosecute the respondent which, in our opinion, is clearly impermissible. 14. By way of foot-note, we may observe that the investigating agency might have had legitimate grievance about the order dated November 27, 2007 refusing to grant sanction, and if that were so and no fresh materials were necessary, it ought to have challenged the order of the sanctioning authority but that was not done. The power of the sanctioning authority being not of continuing character could have been exercised only once on the same materials. 15. There is no merit in this appeal and it is dismissed.
- 2010 (12) TMI 1254 - SUPREME COURT
... ... ..... once the examination of the goods are completed, the same shall be released to the petitioners, subject to the usual formalities. It is also directed that since the goods in question, are such that it may not be appropriate for the same to be handled by labour other than those employed with the petitioners, the petitioners will be entitled to engage their own labour for the purpose of packing and unpacking of the consignment and the same shall be allowed by the Customs Department. The Department has also assured that the recording of the statement and examination of the goods will be video-graphed. We also make it clear that the petitioners shall not be arrested in connection with the case until further orders. Let both the Writ Petitions referred to herein above, be listed for final disposal after eight weeks. The respondents will be entitled to file their counter affidavits within six weeks and rejoinder affidavit, if any thereto, may be filed within two weeks thereafter.
- 2010 (12) TMI 1252 - SUPREME COURT
... ... ..... and if so, why and with whose permission they did so. (v) The Directorate of Enforcement/concerned agencies of the Income Tax Department shall continue their investigation without any hindrance or interference by any one. (vi) Both the agencies, i.e., the CBI and the Directorate of Enforcement shall share information with each other and ensure that the investigation is not hampered in any manner whatsoever. (vii) The Director General, Income Tax (Investigation) shall, after completion of analysis of the transcripts of the recording made pursuant to the approval accorded by the Home Secretary, Government of India, hand over the same to CBI to facilitate further investigation into the FIR already registered or which may be registered hereinafter. 15. The progress reports based on the investigations conducted by the CBI and the Enforcement Directorate shall be produced before the Court in sealed envelopes on 10.2.2011. The case be listed for further consideration on 10.2.2011.
- 2010 (12) TMI 1250 - SUPREME COURT
... ... ..... erefore, incurred disqualification. Section 5 speaks of merger of original political party. It is not the case of respondent Nos. 4 & 5 that original political party of the appellants namely NCP had merged with any other political party. Therefore, there was nothing to be decided as preliminary issue for the purpose of ascertaining whether the disqualification petition filed by the respondent Nos. 4 & 5 was maintainable. The Additional Collector did not commit any error in not deciding so called preliminary issue relating to maintainability of the petition and therefore, the appellants are not entitled to any benefit on the ground that there was failure of exercise of jurisdiction by Additional Collector. 33. The net result of the above discussion is that this Court does not find any substance in the appeals and, therefore, the appeals which lack merits deserve dismissal. 34. For the foregoing reasons the appeals fail and are dismissed. There is no order as to costs.
- 2010 (12) TMI 1187 - SUPREME COURT
... ... ..... case and examine the correctness of the previous decision in question dispensing with the need of a specific reference or the order of Chief Justice constituting the Bench and such listing." The above principles and norms stated with reference to the Supreme Court are equally relevant and applicable to the High Court also. 18. For the reasons stated above, we allow the appeal and set aside the impugned judgment dated 18th April, 2007 in W.P. No. 304 of 2001. The order dated 13th June, 1997 of the Special Tribunal in L.G.O.P. No. 5 of 1990 and the judgment dated 16th November, 2000 of the Special Court in L.G.A. No. 30 of 1997 are upheld. The respondent is directed to deliver the petition schedule property to the appellant within a period of two months from today, failing which, the Revenue Divisional Officer concerned shall deliver the petition schedule property to the appellant within a period of two months after the expiry of the period of two months mentioned above.
- 2010 (12) TMI 1161 - SUPREME COURT
Whether question of revival of the repealed clauses of L.R. Manual in case the substituted clauses are struck down by the court, would not arise? Whether the interim order would amount to substituting the legal policy by the judicial order, and thus not sustainable?
- 2010 (12) TMI 1146 - SUPREME COURT
Whether professional ethics requires that a lawyer cannot refuse a brief, provided a client is willing to pay his fee, and the lawyer is not otherwise engaged? Whether the action of any Bar Association in passing such a resolution that none of its members will appear for a particular accused, whether on the ground that he is a policeman or on the ground that he is a suspected terrorist, rapist, mass murderer, etc. is against all norms of the Constitution, the Statute and professional ethics?
- 2010 (12) TMI 1085 - SUPREME COURT
Whether the powers under section 438 Cr.P.C. are unguided or uncanalised or are subject to all the limitations of section 437 Cr.P.C.? Held that:- Appeal allowed. The impugned judgment and order of the High Court declining anticipatory bail to the appellant cannot be sustained and is consequently set aside. Thus direct the appellant to join the investigation and fully cooperate with the investigating agency. In the event of arrest the appellant shall be released on bail on his furnishing a personal bond in the sum of ₹ 50,000/- with two sureties in the like amount to the satisfaction of the arresting officer. See Gurbaksh Singh Sibbia and Others v. State of Punjab [1980 (4) TMI 295 - SUPREME COURT]
- 2010 (12) TMI 1078 - SUPREME COURT
the entire prosecution story would depend on the dying declarations. It must be borne in mind that all three dying declarations, the first one which formed the basis of the FIR, the second recorded by the ASI as a statement under Section 161 of the Cr.P.C. and a third recorded by the Tahsildar are unanimous as all the accused find mention therein. The High Court, has by way of abundant caution, already given the benefit to three of the assailants on the plea, that they, though armed, had not caused any injury to the deceased. Thus no fault whatsoever could be found in the dying declarations - Appeal dismissed.
- 2010 (12) TMI 354 - SUPREME COURT
Supreme court order – Review - application praying for expunging certain remarks - alleged application that the observations made in order “seriously damage the reputation of the institution” and sully its image - reputation of an institution damaged and its image sullied when some of its members pass shocking orders and behave in a totally unacceptable manner – Time for introspection and not mere reaction.