advocatemmmohan
constitution of india
Indian Port Act sec. 34 – 2011 Policy – Except Licence , no lease, sale etc., – Since it is Licence – there is no right of renewal – Writ filed for renewal licence etc.,was dismissed by the High court – Apex court confirmed the same – Constitutional court in either granting or declining to grant a relief in exercise of its jurisdiction under Article 136 can take note of developments either of fact or law which leave an impact on the rights and obligations of parties before the Court = Apex court dismissed the SLPs = = Yazdani International P. Ltd. …Appellant Versus Auroglobal Comtrade P. Ltd. & Ors. …Respondents = published in judis.nic.in/supremecourt/filename=41117
Indian Port Act sec. 34 – 2011 Policy – Except Licence , no lease, sale etc., – Since it is Licence – there is no right of renewal – Writ filed for renewal licence etc.,was dismissed by the High court – Apex court confirmed the same – Constitutional court in either granting or declining to grant a … Continue reading
Tamil Nadu Teacher Eligibility Test (TNTET) -2013 Notification/Advertisement No.13/2013 dated 22nd May, 2013 – fixing cut off marks at 60% with out considering communal basis reservations- Writ petition to quash the notification as unconstitutional – High court rejected the writ as it is a matter of policy , court’s have no business to interfere – Apex court confirmed the same and dismissed the SLP = Prof. A. Marx. …. Petitioner Verses Government of Tamil Nadu & Anr. …. Respondents = Published in judis.nic.in/supremecourt/filename=41085
Tamil Nadu Teacher Eligibility Test (TNTET) -2013 Notification/Advertisement No.13/2013 dated 22nd May, 2013 – fixing cut off marks at 60% with out considering communal basis reservations- Writ petition to quash the notification as unconstitutional – High court rejected the writ as it is a matter of policy , court’s have no business to interfere – Apex court … Continue reading
Service matter – Caste certificate – Schedule Tribe Halba – the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes, (Vimukta Jatis) Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (for short, ‘2000 Act’) – Termination of service – Tribunal reinstated as they shall not get any benefit of reservation after 28.11.2000 as per Act but not retrospective – single judged confirmed the same – D.B bench negatived the same basing on Dattatreya 3 bench judge of Apex court – Apex court held that since Dattatreya not overruled the number of judgments of two benches of Apex court who order for reinstatement when there was no fraud on the employee in getting job on reservation and obtaining caste certificate – and as the Dattaterya case was based only on the fraud played by employee in obtaining caste certificate – Apex court set aside the D.B. bench high court judgment and order for reinstatement with a clause that she will not get any promotions on the base of reservation as mentioned in Maharashtra Act 2000 = Shalini …..Appellant Versus New English High Sch. Assn. & Ors. …..Respondents = published in judis.nic.in/supremecourt/filename=41077
Service matter – Caste certificate – Schedule Tribe Halba – the Maharashtra Scheduled Castes, Scheduled Tribes, De-notified Tribes, (Vimukta Jatis) Nomadic Tribes, Other Backward Classes and Special Backward Category (Regulation of Issuance and Verification of) Caste Certificate Act, 2000 (for short, ‘2000 Act’) – Termination of service – Tribunal reinstated as they shall not get any benefit … Continue reading
Deaf & Dumb persons – transport allowance on par with other Blind & Orthopedically handicapped government employees – writ for directions to Governments of central and state – Apex court allowed the same = Deaf Employees Welfare Association & Another .. Petitioners Versus Union of India & Others .. Respondents = Published in / Cited in / Report in judis.nic.in/supremecourt/filename=41072
Deaf & Dumb persons – transport allowance on par with other Blind & Orthopedically handicapped government employees – writ for directions to Governments of central and state – Apex court allowed the same = This Writ Petition has been preferred by two Associations representing the Deaf and Dumb persons … Continue reading
Sec.101,102 of Evidence Act – Sec.100 of C.P.C = Suit for Declaration of title and consequential reliefs = Goa – Portuguese civil code – Suit for declaration & possession & cancellation of document = with out producing any documentary proof in respect of title – no suit be decreed on vague admission -Sec.101,102 – burden of proof & onus of proof – both are distinct – former never changes – later changes from time to time from one shoulder to other’s shoulder – first plaintiff has to prove his title – then only other things will be considered = sec.100 C.P.C. – when decree was passed on erroneous law and fact , high court can interfere in second appeal – High court rightly set aside the decree and judgement of lower courts = Sebastiao Luis Fernandes (Dead) Through Lrs. & Ors. … Appellants Vs. K.V.P. Shastri (Dead) Through Lrs. & Ors. … Respondents = Published in / Cited in /Reported in judis.nic.in/supremecourt/filename=41061
Sec.101,102 of Evidence Act – Sec.100 of C.P.C = Suit for Declaration of title and consequential reliefs = Goa – Portuguese civil code – Suit for declaration & possession & cancellation of document = with out producing any documentary proof in respect of title – no suit be decreed on vague admission -Sec.101,102 – burden of proof & onus … Continue reading
Contempt of court – 2 G spectrum scam – Respondents attempted to interfere with an investigation which is being monitored by Apex court – Maintainability – Apex court held that the contempt petition is maintainable = Rajeshwar Singh …Petitioner Versus Subrata Roy Sahara & Ors. …Respondents = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41054
Contempt of court – 2 G spectrum scam – Respondents attempted to interfere with an investigation which is being monitored by Apex court – Maintainability – Apex court held that the contempt petition is maintainable = Whether the contempt petition is maintainable = This contempt petition has been preferred under Article 129, … Continue reading
Market fee on castor seeds purchased by company in the market area of Agricultural Produce Market Committee, Baroda (for short “APMC”) – Apex court held as the company bought the seeds , it is not entitled for any exemption for fee as it is agriculture product = The respondent-Company, manufacturing castor oil from out of the castor seeds purchased by it comes under the jurisdiction of the market area of the APMC and therefore, it is liable for paying the market fees/cess for the trading activities carried out by it in the market area. APMC levied market fee on the castor seeds bought by the Company on the basis that castor seeds were brought within the market area of APMC. = AGRICULTURAL PRODUCE MARKET COMMITTEE ……APPELLANT Versus BIOTOR INDUSTRIES LTD. & ANR. ….RESPONDENTS = published in http://judis.nic.in/supremecourt/imgst.aspx?filename=41040
Market fee on castor seeds purchased by company in the market area of Agricultural Produce Market Committee, Baroda (for short “APMC”) – Apex court held as the company bought the seeds , it is not entitled for any exemption for fee as it is agriculture product = The respondent-Company, manufacturing castor oil … Continue reading
Use of excess police power on peaceful pro-testators is against law and is an offence The law is now well settled that the State or its functionaries cannot deprive any person of his life which includes right to live with human dignity except in accordance with law. whether petitioners have made out a case that their fundamental right to live with human dignity guaranteed by Article 21 of the Constitution of India has been invaded, atleast prima facie, so as to direct for an independent investigation/enquiry so that the perpetrators may not get away scot free if petitioners’ case is found true. = BEENU RAWAT & ORS … PETITIONERS VS. UNION OF INDIA & ORS. … RESPONDENTS = published in http://www.supremecourtofindia.nic.in/outtoday/wc446.pdf
Use of excess police power on peaceful pro-testators is against law and is an offence The law is now well settled that the State or its functionaries cannot deprive any person of his life which includes right to live with human dignity except in accordance with law. whether petitioners have made out a case that their … Continue reading
Public interest litigation questioning the appointment of Mr. U.K.Sinha as chairman of SEBI -In our opinion,the petition does not satisfy the test of utmost good faith which is required to maintain public interest litigation. Apex court dismissed the writ filed under Art.32 of Indian constitution =Arun Kumar Agrawal …Petitioner Versus Union of India & Ors. …Respondents – Reported in http://judis.nic.in/supremecourt/filename=40945
Public interest litigation questioning the appointment of Mr. U.K.Sinha as chairman of SEBI -In our opinion,the petition does not satisfy the test of utmost good faith which is required to maintain public interest litigation. Apex court dismissed the writ filed under Art.32 of Indian constitution = This writ petition has been filed by one … Continue reading
RIGHT TO INFORMATION ACT – In order to promote transparency and accountability in the working of every public authority Stop giving Oral instructions or directions by the administrative superiors, political executive etc.& directions to the Union State Governments and Union Territories to issue appropriate directions to secure providing of minimum tenure of service to various civil servants, within a period of three months. = T.S.R. Subramanian & Ors. … Petitioners Versus Union of India & Ors. … Respondents = http://judis.nic.in/supremecourt/filename=40943
RIGHT TO INFORMATION ACT – In order to promote transparency and accountability in the working of every public authority Stop giving Oral instructions or directions by the administrative superiors, political executive etc. & directions to the Union State Governments and Union Territories to issue appropriate directions to secure providing of minimum tenure of service to various civil servants, … Continue reading
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