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whereby the writ petition preferred by Geomin Minerals & Marketing (P) Ltd. was allowed and the recommendation made by the State Government dated 9th January, 2009 in favour of POSCO India (P) Ltd. was set aside with a direction to the State Government to take a fresh decision in terms of order dated 27th September, 2007 passed by the Revisional Authority in Revision Application File No.22 (41)/2007RC1 by giving the Geomin Minerals & Marketing (P) Ltd. the preferential right of consideration. The Division Bench further observed that in the event the State Government decides to invoke the provisions of Section 11(5) of the Mines and Minerals (Development and Regulation) Act, 1957 (hereinafter referred to as the “MM(D&R) Act”) , “special reasons” for the same in terms of guidelines dated 24th June, 2009 issued by the Ministry of Mines, Government of India be recorded in writing.= It is well settled that no applicant has statutory or fundamental right to obtain prospecting licence or a mining lease.- In view of the finding as recorded above, we are of the view that the High Court committed a grave error of law in deciding the case on merits and deciding the question of legality of the recommendation made by the State Government. In fact they should have left the matter to the Central Government to pass an appropriate order in accordance with law instead of entertaining a premature writ petition. The State Government by its recommendation having forwarded the tabulated chart showing inter se merit of each applicant, it was not for the High Court to sit in appeal to decide who amongst all is more meritorious and is entitled for preferential right. 36. We, accordingly, set aside the impugned judgment dated 14th July, 2010 passed by the Division Bench of the Orissa High Court and remit the matter to the Central Government to consider the question of approval under Section 5(1) taking into consideration the recommendations made by the State Government. While deciding the question it will keep in mind the objections raised by the parties as noticed in the preceding paragraphs. It is expected that the decision will be taken on an early date and shall be communicated to the State Government. The appeals are allowed with the aforesaid observation and direction, but there shall be no order as to costs.
Page 1REPORTABLEIN THE SUPREME COURT OF INDIACIVIL APPELLATE JURISDICTIONCIVIL APPEAL NO. 4561 OF 2013(ARISING OUT OF SLP(C) NO.31593 OF 2010)GEOMIN MINERALS & MARKETING (P) LTD. … APPELLANTVERUSSTATE OF ORISSA AND ORS. … RESPONDENTSWITHCIVIL APPEAL NO. 4562 OF 2013(ARISING OUT OF SLP(C) NO.31957 OF 2010)STATE OF ORISSA … APPELLANTVERUSGEOMIN MINERALS & MARKETING (P) LTD. … RESPONDENTSAND ORS.WITHCIVIL APPEAL NO. 4563 OF 2013(ARISING OUT OF SLP(C) NO.32040 OF 2010)POSCO INDIA PVT. LTD. … APPELLANTVERUSGEOMIN MINERALS & MARKETING (P) LTDAND ORS. … RESPONDENTSJ U D G M E N TSUDHANSU JYOTI MUKHOPADHAYA, J.Leave granted. 1Page 22. These appeals by special leave have beenpreferred against the order of Division Bench ofOrissa High Court, Cuttack dated 14th July, 2010 inW.P. (C) No.23 of 2009 whereby the writ petitionpreferred by Geomin … Continue reading
Section 213. Right as executor or legatee when established. (1) No right as executor or legatee can be established in any Court of Justice, unless a Court of competent jurisdiction in India has granted probate of the will under which the right is claimed, or has granted letters of administration with the will or with a copy of a authenticated copy of the will annexed…………… (ii) in the case of wills made by any Parsi dying, after the commencement of the Indian Succession (Amendment) Act, 1962, where such wills are made within the local limits of the ordinary original civil jurisdiction of the High Courts at Calcutta, Madras and Bombay and where such wills are made outside those limits, in so far as they relate to immovable property situate within those limits.- Now by the Indian Succession [Amendment] Act, 1962, the section has been made applicable to wills made by Parsi dying after the commencement of the 1962 Act.- We have shown above that it is applicable to Parsis after the amendment of the Act in 1962 and to Hindus who reside within the territories which on 1.9.1870 were subject to the Lt. Governor of Bengal or to areas covered by original jurisdiction of the High Courts of Bombay and Madras and to all wills made outside those territories and limits so far as they relate to immovable property situate within those territories and limits.
http://JUDIS.NIC.IN SUPREME COURT OF INDIA Page 1 of 6 CASE NO.: Writ Petition (civil) 137 of 1997 Writ Petition (civil) 674 of 1998 PETITIONER: CLARENCE PAIS & ORS. Vs. RESPONDENT: UNION OF INDIA DATE OF JUDGMENT: 22/02/2001 BENCH: S. Rajendra Babu & R.C. Lahoti JUDGMENT: J U D G M E N TL…I…T…….T…….T…….T…….T…….T…….T..J … Continue reading
Application for Intervention is allowed. 1. We have been called upon to decide the necessity of a second home for Asiatic Lion (Panthera leo persica), an endangered species, for its long term survival and to protect the species from extinction as issue rooted on eco-centrism, which supports the protection of all wildlife forms, not just those which are of instrumental value to humans but those which have intrinsic worth.= Cheetah to Kuno- We notice that while the matter was being heard, a decision has been made by MoEF to import African Cheetahs from Namibia to India and to introduce the same at Kuno. Amicus Curiae filed I.A. No. 3452 of 2012. This Court granted a stay on 8.5.2012 of the decision of MoEF to import the Cheetahs from Namibia to India for introducing them to Kuno. Serious objections have been raised by the Amicus Curiae Shri P.S. Narasimha against the introduction of foreign species at Kuno. Learned Amicus Curiae pointed out that the decision to introduce African Cheetahs into the same proposed habitat chosen for re-introduction of Asiatic lion has not been either placed before the Standing Committee of NBWL, nor has there been a consistent decision. Learned Amicus Curiae pointed out that IUCN Guidelines on translocation clearly differentiated between introduction and re-introduction.= We may indicate that our top priority is to protect Asiatic lions, an endangered species and to provide a second home. Various steps have been taken for the last few decades, but nothing transpired so far. Crores of rupees have been spent by the Government of India and the State of Madhya Pradesh for re- introduction of Asiatic lion to Kuno. At this stage, in our view, the decision taken by MoEF for introduction of African cheetahs first to Kuno and then Asiatic lion, is arbitrary an illegal and clear violation of the statutory requirements provided under the Wildlife Protection Act. The order of MoEF to introduce African Cheetahs into Kuno cannot stand in the eye of Law and the same is quashed. – MoEF’s decision for re-introduction of Asiatic lion from Gir to Kuno is that of utmost importance so as to preserve the Asiatic lion, an endangered species which cannot be delayed. Reintroduction of Asiatic lion, needless to say, should be in accordance with the guidelines issued by IUCN and with the active participation of experts in the field of re-introduction of endangered species. MoEF is therefore directed to take urgent steps for re-introduction of Asiatic lion from Gir forests to Kuno. MoEF has to constitute an Expert Committee consisting of senior officials of MoEF, Chief Wildlife Wardens of the States of Madhya Pradesh and Gujarat. Technical experts should also be the members of the Committee, which will include the Secretary General and Chief Executive Officer of WWF. Dr. Y.S. Jhala, senior scientist with Wildlife Institute of India, Dr. Ravi Chellam, senior scientist, Dr. A.J.T. Johnsingh, since all of them had done lot of research in that area and have national and international exposure. Any other expert can also be co-opted as the members of the Committee. Needless to say, the number of lions to be re-introduced would depend upon the density of prey base and other related factors, which the Committee will assess. I.A. is allowed as mentioned above. The order be carried out in its letter and spirit and within a period of 6 months from today. We record our deep appreciation for the assistance rendered by all the senior counsel and learned amicus curiae Shri P.S. Narasimha and also Dr. Ravi Chellam who was present in the Court throughout and made valuable suggestions with regard to the various environmental and scientific issues. We are also inclined to highlight the necessity of an exclusive parliamentary legislation for the preservation and protection of endangered species so as to carry out the recovery programmes before many of the species become extinct and to give the following directions: (a) NWAP (2002-2016) has already identified species like the Great Indian Bustard, Bengal Florican, Dugong, the Manipur Brow Antlered Deer, over and above Asiatic Lion and Wild Buffalo as endangered species and hence we are, therefore, inclined to give a direction to the Government of India and the MoEF to take urgent steps for the preservation of those endangered species as well as to initiate recovery programmes. (b) The Government of India and the MoEF are directed to identify, as already highlighted by NWAP, all endangered species of flora and fauna, study their needs and survey their environs and habitats to establish the current level of security and the nature of threats. They should also conduct periodic reviews of flora and fauna species status, and correlate the same with the IUCN Red Data List every three years. (c) Courts and environmentalists should pay more attention for implementing the recovery programmes and the same be carried out with imagination and commitment
Page 1 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION I.A. No. 100 In WRIT PETITION (CIVIL) NO. 337 OF 1995 Centre for Environment Law, WWF-I .. Applicants Versus Union of India & Others .. Respondents WITH IA No.3452 in WP(C) No.202 of 1995 J U D G M E N T K. … Continue reading
writ of mandamus the State Government directed to execute a mining lease for an area measuring 1519.980 hectares in favour of the respondent-company.-The High Court held that although the State Government had not issued any final order so far regarding the deduction of the area yet since a final decision appeared to have been taken by it, thereby implying that the issue of a show cause notice after taking of such a decision was a mere formality. In coming to that conclusion, the High Court placed reliance upon paragraph 8 of the counter affidavit filed by the State Government before the High Court. The High Court also held that in the absence of a mining lease in favour of the respondent-company, it could not take the risk of setting up of a steel plant. The High Court accordingly quashed letter dated 19th September, 2006 and by mandamus directed the State Government to execute a formal mining lease in favour of the respondent-company. = no final decision regarding resumption of any part of the lease area has been taken by the State Government so far and all that had transpired till date must necessarily be taken as provisional. Such being the case the High Court was in error in proceeding on an assumption that a final decision had been taken and in quashing what was no more than an inter-departmental communication constituting at best a step in the process of taking a final decision by the Government. = (1) Whether the writ petition filed by the respondent company was premature, the same having been filed against an inter-departmental communication that did not finally determine any right or obligation of the parties? (2) Whether the show cause notice could be ignored by the High Court simply because it had been issued in violation of 15Page 16 the interim order passed by it requiring the parties to maintain status quo? (3) Whether the show cause notice was without jurisdiction and could, therefore, be quashed?- In the result we allow this appeal, set aside the judgment and order passed by the High Court and direct that the respondent-company shall submit its reply to the show cause notice dated 6th February, 2007 issued by the State Government within three months from today. The Government may then upon consideration of the reply so submitted pass a reasoned order on the subject within two months thereafter under intimation to the respondent. If the order so made is, for any reason found to be unacceptable by the respondent-company, it shall have the liberty to take recourse to appropriate proceedings before an appropriate forum in accordance with law.
Page 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NO. 2206 OF 2013 (Arising out of S.L.P. (C) No.16139 of 2010) State of Orissa & Ors. …Appellants Versus M/s Mesco Steels Ltd. & Anr. …Respondents J U D G M E N T T.S. THAKUR, J. 1. Leave granted. 2. This … Continue reading
Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy, hereinafter referred to as “AYUSH”, to grant permission to the colleges to admit students for the academic year 2011-12, for the BAMS/ Post Graduate courses. = refusal by the Government of India, in its Department of Ayurveda, Yoga and Naturopathy, Unani, Siddha and Homeopathy, hereinafter referred to as “AYUSH”, to grant permission to the colleges to admit students for the academic year 2011-12, for the BAMS/ Post Graduate courses. Such permission appears to have been refused on account of various deficiencies relating to the infrastructure and teaching staff, which had not been rectified and brought into line with the minimum standard norms.= It is no doubt true, that applications have been filed by a large number of students for admission in the Institutions imparting education in the Indian form of medicine, with the leave of the Court, but it is equally true that such leave was granted without creating any equity in favour of the applicants. Those who chose to file their applications did so at their own risk and it cannot now be contended that since they have been allowed to file their applications pursuant to orders passed by the Court, they had acquired a right to be admitted in the different Institutions to which they had applied. The privilege granted to the candidates cannot now be transformed into a right to be admitted in the course for which they had applied. Apart from anything else, one has to take a practical view of the matter since more than half the term of the first year is over. Though it has been contended on behalf of the Institutions concerned that extra coaching classes would be given to the new entrants, it is practically impossible for a student to pick up the threads of teaching for the entire first year when half the course had been completed. 14. It is not for us to judge as to whether a particular Institution fulfilled the necessary criteria for being eligible to conduct classes in the concerned discipline or not. That is for the experts to judge and according to the experts the Institutions were not geared to conduct classes in respect of the year 2011-12. It is also impractical to consider the proposal of the colleges of providing extra classes to the new entrants to bring them upto the level of those who have completed the major part of the course for the first year. 15. We are not, therefore, inclined to interfere with the orders of the High Court impugned in these Special Leave Petitions and the same are, accordingly, dismissed.
Page 1 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION SPECIAL LEAVE PETITION (CIVIL) NO. 31892 OF 2012 Ayurved Shastra Seva Mandal & Anr. … Appellants versus Union of India & Ors. … Respondents WITH SLP(C) No.33452 of 2012 SLP(C) No.33455 of 2012 SLP(C) No.33560 of 2012 SLP(C) No.34001 of 2012 SLP(C) No.34020 … Continue reading
discrimination towards female child – “यत्र ना्यरस्तुपूज्यन्ते रमन्ते तत्र देवता:” [“Yatra naryastu pujyante ramante tatra dewatah”] (where woman is worshipped, there is abode of God). We have mentioned about dowry thrice, because this demand is made on three occasions: (i) before marriage; (ii) at the time of marriage; and (iii) after the marriage. Greed being limitless, the demands become insatiable in many cases, followed by torture on the girl, leading to either suicide in some cases or murder in some.”- “I am the child. All the word waits for my coming. All the earth watches with interest to see what I shall become. Civilization hangs in the balance. For what I am, the world of tomorrow will be. I am the child. You hold in your hand my destiny. You determine, largely, whether I shall succeed or fail, Give me, I pray you, these things that make for happiness.- The persons involved in such awareness campaign are required to equip themselves with constitutional concepts, culture, philosophy, religion, scriptural commands and injunctions, the mandate of the law as engrafted under the Act and above all the development of modern science. It needs no special emphasis to state that in awareness camps while the deterrent facets of law are required to be accentuated upon, simultaneously the desirability of law to be followed with spiritual obeisance, regard being had to the purpose of the Act, has to be stressed upon. The seemly synchronization shall bring the required effect. That apart, documentary films can be shown to highlight the need; and instill the idea in the mind of the public at large, for when mind becomes strong, mountains do melt. The people involved in the awareness campaigns should have boldness and courage. There should not be any iota of confusion or perplexity in their thought or action. They should treat it as a problem and think that a problem has to be understood in a proper manner to afford a solution. They should bear in mind that they are required to change the mindset of the people, the grammar of the society and unacceptable beliefs inherent in the populace. It should be clearly spelt out that female foeticide is the worst type of dehumanisation of the human race. 23. I have highlighted the aforesaid aspects so that when awareness campaigns are held, they are kept in view, for that is the object and purpose to have real awareness. 24. The matter be listed as directed.
Page 1 1 Reportable IN THE SUPREME COURT OF INDIA EXTRAORDINARY CIVIL WRIT JURISDICTION WRIT PETITION (CIVIL) NO. 349 OF 2006 Voluntary Health Association of Punjab ..Petitioner Versus Union of India & Others .. Respondents O R D E R Indian society’s discrimination towards female child still exists due to various reasons which has its roots … Continue reading
“Sorry Teacher”= whereby the Hon’ble Single Judge restrained respondent No.4/the appellant herein and official respondents from releasing the film titled as “Sorry Teacher” pursuant to the Certification made in UA/DIL/2/13/2012/HYD, dated 16.7.2012, pending further orders.= since the film is not yet released, the contentions of the writ petitioners are based upon hear say evidence and are purely speculative, based on inferences drawn in the print and electronic media. Further the Revising Committee, which has examined the film has issued the Certificate for restricted viewing in conformity with the guidelines issued by the Government of India, by judging the film in its entirety for its over all impact. The guidelines prescribed have been adhered to as is evident from the reasons given in support of the Certification. Thus, the Certification made by a High powered Board of Film Certification, which is a specialised composition gives an un-rebuttable presumption in favour of the said statutory Certificate, which cannot be rebutted merely by allegations of the writ petitioners. Within the broad parameters of the guidelines, the film is required to be judged based upon a criteria as to whether an average person applying contemporary community standards would find that the subject matter taken as a whole appeals to the prurient interest and the said test as laid down by the Hon’ble Supreme Court in the decision fourth cited supra has been followed. Hence, we are of the opinion that the Central Board of Film Certification after thoroughly considering the recommendations of the Revising Committee and after considering all the aspects referred to above, has granted certification to the film in question. We, therefore, do not find that there is any reason to interfere with the said order of the Revising Committee. Accordingly, we allow the writ appeals and vacate the interim orders dated 3.9.2012 passed by the Hon’ble Single Judge in W.P.M.P. Nos. 32956 of 2012 and 33929 of 2012 in Writ Petition No. 25856 of 2012 and 26622 of 2012. In view of the orders passed in the writ appeals allowing the said appeals, no further orders are necessary in the writ petitions. Writ Petition Nos. 25856 of 2012 and 26622 of 2012 are accordingly disposed of. No costs.
THE HON’BLE THE ACTING CHIEF JUSTICESRI PINAKI CHANDRA GHOSE AND HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR Writ Appeal Nos.1128 & 1129 of 2012 And Writ Petition Nos. 25856 of 2012 & 26622 of 2012 24-09-2012 M/s. Suryalok Film Factory, Mumbai R. Malleshwari and others Counsel for Appellant : Mr. K. Durga Prasad Counsel for Respondent … Continue reading
once the application for information not responded, it deemed that it is refused then one has to file an appeal under sec.19 but not under sec.18 of information act= Sections 18 and 19 of the Act serve two different purposes and lay down two different procedures and they provide two different remedies. One cannot be a substitute for the other. =Manipur govt. notification is not retrospective =By virtue of the said notification issued under Section 24 of the Act, the Government of Manipur has notified the exemption of certain organizations of the State Government from the purview of the said Act. This Court makes it clear 28
REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOs.10787-10788 OF 2011 (Arising out of S.L.P(C) No.32768-32769/2010) Chief Information Commr. and Another …Appellant(s) – Versus – State of Manipur and Another …Respondent(s) J U D G M E N T GANGULY, J. 1. Leave granted. 2. These appeals have been filed by … Continue reading
two months delay in disposal of representation of detenu is illegal and as such the detention order are not correct = an order of detention under Section 3 of the COFEPOSA was served on all the detenus on 10th March, 2011 on whose behalf petitions were filed before the High Court and therefore, their detention under the COFEPOSA commenced on and from 10th March, 2011. In these proceedings, we are not going into the merits of the grounds or the recitals thereof. 4. Before us, the detention of the appellants has been assailed on the question that the representations filed on behalf of the detenus were not disposed of in accordance with the mandate of Article 22(5) of the Constitution.
1 REPORTABLE IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 2136 OF 2011 ARISING OUT OF SPECIAL LEAVE PETITION (CRL.) NO. 7953 OF 2011 UMMU SABEENA … APPELLANT VERSUS STATE OF KERALA & ORS. … RESPONDENTS WITH CRIMINAL APPEAL NO. 2137 OF 2011 ARISING OUT OF SPECIAL LEAVE PETITION (CRL.) NO. … Continue reading
Bank/Banking – Loan waiver scheme – Indebtedness and inability of Respondent-borrowers in the State of Jammu and Kashmir to repay loan amount due to continuous militant activities in the State – Amounts borrowed less than Rs. 10,000/- – Debt Relief Scheme floated by Government for borrowers in the State – Scheme provided for waiver of bank loans upto Rs.50,000/- – Liberal interpretation of the scheme by Courts below and consequent dismissal of suits filed by Appellant-banks against Respondent-borrowers – Justification of – Held: Justified, considering the peculiar facts and circumstances of the case and in light of the various clauses in the Scheme itself and also in view of the fact that sub-clause (a) of Section 3 of the scheme provided for reimbursement of waived loan to the concerned banks. Respondents belong to the State of Jammu & Kashmir. They obtained loans upto Rs.10,000/- from Appellant-Banks for rearing of sheep and buffaloes and for establishing dairy units. The loans remained unpaid on which, the Appellant-banks filed suits against the Respondents. During pendency of the said suits, the Government framed a Debt Relief Scheme for borrowers in the State of Jammu & Kashmir to give them relief considering the continued militancy and other difficulties in the State during the relevant time. The scheme provided for waiver of bank loans taken by borrowers in the State upto Rs.50,000/- for purpose of their business activities. Taking suo motu notice of the said Scheme, the Courts below held that the loans obtained by Respondents could be presumed to be for trade purpose and after applying the said scheme, dismissed the suits filed by Respondents. The questions which arose for consideration in the present appeals were as to i) whether the loan obtained by Respondents for purchasing sheep and buffalos and for establishing dairy units was covered by the said Scheme and ii) whether, in absence of a specific plea by the Respondents, the High Court was justified in granting relief in terms of the said Scheme. =Dismissing the appeal, the Court HELD:1.1. The Debt Relief Scheme in question applies to borrowers in the State of Jammu & Kashmir who borrowed loan amount for the purpose of their business activities. Business activities have not been specifically defined in the scheme. Sub-clause (i) of clause 2(d) of the Scheme refers certain examples viz., tourism, transport, small scale industry, trade sector, hotel, house-boat business, retail trade, etc.. Though purchase of buffalos and sheep relates to agriculture and allied activities, it cannot be denied that from the buffalos, the borrower can establish a dairy unit and earn from the said business. In view of clause 2(d)(i), the word “etc.” in the definition of “eligible loans” connotes that besides the activities cited as example for business activity there are other business activities which could be included under the Scheme. The said liberal interpretation cannot be ruled out particularly, when the Debt Relief Scheme was introduced mainly as a relief to the borrowers in the militant dominated State during the relevant time. Following the very reason for introduction of the said Scheme i.e. to offer financial help to the poor and indebted borrowers of militancy hit Jammu & Kashmir, the Courts below rightly concluded that the agricultural and allied business activities viz., the types of trade/business which are substantially or partially depending on agriculture and/or agricultural produce as a business activity under the said Scheme. Further, the Reserve Bank of India Guidelines cannot be strictly followed as it has not been mentioned to be followed in the Scheme and, therefore, the term `business activity’ cannot be interpreted under the strict rule of interpretation. [Paras 9, 10, 13] [1045,C-D; 1045,E-G; 1047,D-E] 1.2. Besides, sub-clause (a) of Section 3 of the Scheme makes it clear that the amount waived off will be reimbursed to the concerned Bank/Financial Institution by the Department of Jammu & Kashmir Affairs, Government of India on recommendation of the Committee to be set up at the State Level. Even after the orders passed by the sub-Court and thereafter by the District Court, the Banks could have availed the benefit of reimbursement as provided under clause 3(a) of the Scheme. However, the appellant-Banks instead of availing the same, agitated the matter up to the level of this Court by spending more money for recovery of petty amounts from the small borrowers. The appellant-Banks are free to approach the Department of Jammu & Kashmir Affairs, Government of India who brought the Debt Relief Scheme, under clause 3(a) for reimbursement, if the same is permissible, at this juncture for which no opinion is expressed by this Court. [Para 14] [1047,H; 1048,A-C] 2. As regards the contention that in absence of a specific plea in the form of written statement or counter affidavit, the Court should not have given relief applying the said scheme, it is true that all the respondents were served by publication in the daily newspapers and in most of the cases, the amount borrowed was less than Rs.10,000/-, which may be one of the reason, the respondents failed to contest the suit. In those circumstances when the Government of India itself with the assistance of the State of Jammu & Kashmir brought a Scheme called “Debt Relief Scheme” and the same was available on the date when all the suits were pending, considering the special circumstances, the course adopted by the Courts below cannot be faulted with. [Para 11] [1046,A-D] 3. Considering all the peculiar aspects of the present case, particularly, indebtedness and inability to repay the loan amount by the borrowers due to continuous militant activities in the State of Jammu & Kashmir particularly, at the relevant time, the amounts borrowed which were less than Rs. 10,000/- in most of the cases, liberal interpretation of the Courts below in the light of the various clauses in the Scheme itself and also of the fact that sub-clause (a) of Section 3 of the scheme provides reimbursement of waived loan amounts, this Court is not inclined to interfere with the orders of the Courts below. [Para 15] [1048,D-E] Raju Ramachandran, G.M. Kawoosa and N. Ganpathy for the Appellant. S. Mehdi Imam and Anis Suhrawardy for the Respondents.=, 2008(12 )SCR1035, , 2008(12 )SCALE117 , 2008(9 )JT473
IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL APPEAL NOS. 4817-4851 OF 2002 Jammu Rural Bank …. Appellant(s) Versus Mohd. Din & Ors. …. Respondent(s) WITH CIVIL APPEAL NOS. 4852-4854 OF 2002 AND CIVIL APPEAL NO. OF 2008 (Arising out of S.L.P. (C) No. 4901 of 2006) JUDGMENT P. Sathasivam, J. 1) Civil … Continue reading
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