Court : Supreme Court of India
..... 15.7.2011. interestingly, now respondent no.2 herein filed an impleadment application to implead himself in his personal capacity, which was allowed. the appeal was also amended to raise a challenge to the order dated 23.7.2011 which had been passed by the fmc.14. the division bench of the gujarat high court in terms ..... . this aspect was sought to be brought in only at the stage of appeal, for the first time, that too by amending it after the order dated 23.7.2011 was passed wherein 16 the acts of respondent no.2 herein of siphoning off money and interlinked issues was stated to require investigation and an adverse finding resulted. ..... in respect of the recognition of, or the withdrawal of recognition from, any association or in respect of any other matter arising out of the administration of this act; and to keep forward markets under observation. chapter iii deals with the recognition of associations concerned with the regulations and control of forward contracts. an application for such .....
Tag this Judgment!Court : Supreme Court of India
..... ., (2011) 8 scc333: (2011) 4 scc (civ) 178]. , which parliament is presumed to know when it enacted the arbitration amendment act, 2015, and given the fact that no change was made in section 50 of the arbitration act when the commercial courts act was brought into force, it is clear that section 342017 (14) scc22535(2018) 14 scc71532 50 is a provision contained ..... of doune wind farm (scotland) ltd. v. alfred mcalpine business services ltd., 2008 bus lr d137(qbd) :2008. ewhc426(tcc)]. and c v. d [c v. d, 2008 bus lr843:2007. ewca civ 1282 (ca)]. and then opined: (enercon (india) case [enercon (india) ltd. v. enercon gmbh, (2014) 5 scc1: (2014) 3 scc (civ) 59]. , scc p. 54, paras ..... in its own country. by way of a comparative example, we may reiterate the observations made by the court of appeal, england in c v. d [2008 bus lr843:2007. ewca civ 1282 (ca)]. wherein it is observed that: it follows from this that a choice of seat for the arbitration must be a choice of forum for remedies seeking .....
Tag this Judgment!Court : Supreme Court of India
..... rules (rules 27 of the rajasthan commercial taxes subordinate service (general branch) rules, 1975 (in short, the rules of 1975) incorrectly. the original rule 27 which was amended by notification dated 10.10.2002, which reckoned the seniority from the date of appointment. however, the proviso (2) of the rules 27 was retained, which clearly stipulates ..... of integration of the services of the pre-reorganisation of states of rajasthan or the services of the new state of rajasthan established by the state re-organisation act, 1956, shall be determined, modified or altered by the appointing authority on an ad hoc basis; (2) that the persons selected and appointed as a result ..... of integration of the services of the pre-reorganisation of states of rajasthan or the services of the new state of rajasthan established by the state re-organisation act, 1956, shall be determined, modified or altered by the appointing authority on an ad hoc basis; (2) that the persons selected and appointed as a result .....
Tag this Judgment!Court : Supreme Court of India
..... did not agree with the law commission and recommended retention of section 80 with necessary modifications/relaxations.16. thus, in conformity therewith, by the code of civil procedure (amendment) act, 1976 the existing section 80 was renumbered as section 80(1) and sub-sections (2) and (3) were inserted with effect from 1-2-1977. sub- ..... on such 6 2012 (8) scc7817 (2006) 12 scc11916 government or public officer, as the case may be. it is well settled that before the amendment of section 80 the provisions of unamended section 80 admitted of no implications and exceptions whatsoever and are express, explicit and mandatory. the section imposes a statutory ..... benefit received under the contract, it was imperative that breach of such contract should have been proved. sections 64 and 65 of the indian contract act, 1872 (hereinafter the contract act ), contemplate return of benefit for a void/voidable contract. it was submitted that these provisions do not apply when there is no allegation as .....
Tag this Judgment!Court : Supreme Court of India
..... for the acquisition of the land shall lapse: provided that in a case where the said declaration has been published before the commencement of the land acquisition (amendment) act, 1984 (68 of 1984), the award shall be made within a period of two years from such commencement. explanation - in computing the period of two years ..... follows:21. by reason of deletion of article 19 (1) (f) and article 31 with sub heading right to property which were omitted by the constitution 44th amendment act, 1978. article 31(1) was in effect, enacted as article 300a through an insertion in chapter iv part xii of the constitution. 22 (2011) 9 scc35418 ..... a of the constitution. ref. also to shrirampur municipal council v. satyabhamabai bhimaji dawkher, (2013) 5 scc627chairman, indore vikas pradhikaran v. pure industrial coke & chemicals ltd., (2007) 8 scc705 ramchandra ravindra waghmare v. indore municipal corporation, (2017) 1 scc667 and, more recently in m.c. mehta v union of india 2020 scc online (sc) 658 .....
Tag this Judgment!Court : Supreme Court of India
..... , published in the gazette of india, extra., pt. ii, section 3 (ii), dated 30 07 1992 (for prior approval at the time of amendment) by issuing orders under section 29a of the 1956 act, which at the relevant point of time read thus: 29a. power to delegate. the central government may, by order published in the official gazette, ..... made out, there is no reason to undermine its intended effect.34. the contention of the appellant that the act of adoption of this circular by the exchange amounts to an indirect amendment of the byelaws is a tenuous argument. for, if every regulation or instruction concerning any procedural matter for effective regulation and control of the ..... to any of the matters specified in sub section (2) of section 3 shall be amended except with the approval of the central government. on a plain reading of the afore quoted provisions, it is seen that the central scheme of 1956 act reveals that the requirement of prior approval, in relation to matters specified in sub section ( .....
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..... ) the companies (removal of difficulties) order, 2017 published on 29.06.2017 which came into effect on the same date; and (iii) the insolvency and bankruptcy code (second amendment) act, 2018 namely 26 of 2018, which came into force w.e.f. 06.06.2018.19. a careful look at section 434 as it stands today would show that clause ..... important to note that what is extracted in the right hand side column of the above table includes, apart from what was substituted by act 31 of 2016, a couple of amendments made to section 434. those amendments were made under: (i) the companies (removal of difficulties) fourth order, 2016 published on 07.12.2016, which came into effect ..... 2016), which came into force on 15.11.2016.17. section 434 as it stood originally in the companies act, 2013 (act 18 of 2013) and section 434 as substituted by ibc, 2016 (act 7 31 of 2016) together with subsequent amendments thereto, are presented in a tabular column for easy appreciation. sec. 434 as it was originally sec. 434 .....
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..... and co-ordinated development of the teacher education system throughout the country, the regulation and national council for teachers education (amendment) act (18 of 2011) 74 civil appeal no.3707 of 2020 (arising out of slp(c)no.6841 of 2020) ram sharan maurya and ors. vs. state ..... institute. the argument of learned counsel for the respondent is thus wholly misconceived.38.3 the ncte act was thereafter amended in 2011 by act 18 of 2011 and after such amendment the long title to the act now reads an act to provide for the establishment of a national council for teacher education with a view to achieving planned ..... ors. vs. state of u.p. and others junior basic schools which qualifications are different from the statutory qualifications under section 23 of the rte act. rule 5 was amended to add shiksha mitras as source for recruitment of teachers in addition to the existing source of direct recruitment in accordance with the existing rules. .....
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..... thereafter, tdsat heard the appeals finally and allowed them partially by a final order dated 13.12.2018. by this order, tdsat set aside the telecom tariff 63rd amendment order in so far as it changes the concepts of smp, non predation and the related provisions; it is against the said final order of tdsat that trai has ..... , the telecommunication tariff orders are issued by trai in exercise of the power conferred by section 11(1)(b)(i) read with section 11(2) of the act. the first telecommunication tariff order was issued on 09.03.1999. even the said order contained provisions for reporting requirement under clause 7 and the definition of the ..... as follows: a) in exercise of powers conferred by section 11(1)(b)(i) read with section 11(2) of the telecom regulatory authority of india act, 1997 (hereinafter referred to as the act ), trai issued an order namely the telecommunication tariff (63rdamendment) order, 2018 dated 16.02.2018; challenging the said tariff order, bharti airtel limited, b .....
Tag this Judgment!Court : Supreme Court of India
..... the cause of action wholly or in part arises . judicial pronouncements have accorded almost a uniform interpretation to the said compendious expression even prior to the fifteenth amendment of the constitution as to mean the bundle of facts which would be necessary for the plaintiff to prove, if traversed, in order to support his right ..... to punitive action taken by appropriate authorities against regional commissioner, region-1, asansol on a petition filed by shri b.n. mishra under the right to information act, 2005. petitioner sent representations to secretary, ministry of coal and commission. 63.7 a writ petition no.5999 of 2014 was filed by late shri b.n ..... bankola area, district burdwan, west bengal. ministry of coal, government of india in exercise of power under section 3e of coal mines provident fund and miscellaneous provisions act, 1948 and in supersession of the coal mines family pension scheme, 1971 notified a family coal mines pension scheme, 1998 dated 05.03.1998. late husband of .....
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