Court : Supreme Court of India
..... court separately noted that the newly introduced requirement of offering of sale had prospective application. however, in the factual scenario concerning a notification governed by the pre-amended act, it upheld the principle that any additional requirement of publication can only be introduced by statute and the court is bound by the applicable statutory scheme for ..... section (3) enables the presentation of a bill of entry before arrival, at a time not exceeding thirty days prior to the expected arrival of the aircraft, vessel or vehicle by which the goods have been shipped for importation. under the second proviso if the bill of entry is not presented within the specified ..... importer shall present the bill of entry under sub- section (1) before the end of the next day following the day (excluding holidays) on which the aircraft or vessel or vehicle carrying the goods arrives at a customs station at which such goods are to be cleared for home consumption or warehousing: provided that a .....
Tag this Judgment!Court : Supreme Court of India
..... second proviso, which is to the following effect:- provided further that except with the prior concurrence of the academic council, the executive council shall not make, amend or repeal any regulation affecting any or all of the following matters, namely:- xxxxxxxxxxxxxxxx (g) mode of enrolment or admission of students; xxxxxxxxxxxxxxx 48. ..... session 2008-2009 is put in place as expeditiously as possible. 3. the national law universities entered into a memorandum of understanding dated 27.11.2007 where the 6 national law universities decided to hold a common admission test, namely, common law admission test (clat). every university shall conduct the ..... of national law universities, the decision was taken to constitute a consortium of national law universities. the consortium got registered as society in karnataka societies registration act, 1960 on 26.03.2019. the consortium in its various meetings took decisions to streamline conduct of common law admission test (clat) and for coordination .....
Tag this Judgment!Court : Supreme Court of India
..... the discretion had necessarily to be exercised in accordance with sound and reasonable judicial principles. section 10 of the s.r.a. as it stood prior to its amendment 68. with effect from 1.10.2018 provided:- 10. cases in which specific performance of contract enforceable.- except as otherwise provided in this chapter, the specific performance ..... filed an application for impleading pratap reddy as defendant in her suit for specific performance filed in 1984. the vendee only added pratap reddy. there was no amendment either in the pleadings or in the prayers. the reliefs claimed by the vendor in the suit for specific performance were thus barred by limitation, as against ..... pleadings in the plaint nor 83. amended the prayers. pratap reddy was simply added defendant. the court adding pratap reddy as defendant in the suit for specific performance, did not make any direction in terms of the proviso to section 21(1) of the limitation act, that the suit against pratap reddy be deemed to be .....
Tag this Judgment!Court : Supreme Court of India
..... arise out of, or relate to arbitration proceedings which were commenced prior to, or after the commencement of the amendment act. (xii) the 2019 amendment act (to the arbitration act of 1996) inserted section 87 as a clarificatory amendment, to provide that arbitral proceedings and court proceedings arising out of, or in relation to such proceedings shall constitute ..... perceived when the psc was executed. accordingly, the trigger under article 15.5(e)(iii)(dd) came into operation during the period commencing from 1999-2000 to 2007-2008. for the drilling of the remaining 7 wells, the respondents were entitled to an additional sum of us $ 278 million. (vi) it was contended ..... achieve the production rate of 35,000 bopd. the claimants sought that the cap in article 15.5 should be increased accordingly. after 1999-2000 and until 2007-2008, the claimants incurred development costs totalling a further us $ 278 million, which they contended that they were entitled to recover as cost petroleum, since .....
Tag this Judgment!Court : Supreme Court of India
..... or herself out of his or her own earnings or other property. explanation. in this section parent includes a childless step-mother. 10 12. the act, 1956 was enacted to amend and codify the law relating to adoptions and maintenance among hindus. a bare perusal of section 125(1) cr.p.c. as well as section 20 ..... particular, section 20, which provides for maintenance to children. we are unable to see any inconsistency between the maintenance act and section 488, cr.p.c. both can stand together. the maintenance act is an act to amend and codify the law relating to 14 adoptions and maintenance among hindus. the law was substantially similar before and nobody ..... ever suggested that hindu law, as in force immediately before the commencement of this act, insofar as it dealt with the maintenance of children, .....
Tag this Judgment!Court : Supreme Court of India
..... the official gazette for the purposes of this clause; and (c) the expenditure is incurred for the objects and purposes authorised by the act under which it is constituted or established; xxx 41. the amendment has to be appreciated in the context of the departmental circular no.7/2003 dated 5.9.2003, which provides for deduction for ..... that the committee existed then to settle inter-governmental disputes, but was subsequently disbanded. the record shows that a meeting of the committee was held on 14.8.2007 and it was felt that the question regarding the nature of grants disbursed by the appellant-corporation needed adjudication by the court, though the committee did not itself ..... now faced with civil appeals in relation to different assessment years, which arise from the common judgment dated 24.11.2006 and the common order dated 12.7.2007, which had in turn relied on the 24.11.2006 judgment. the particulars are in a tabulated form as under: civil appeal assessment number 5105/2009 5106/2009 .....
Tag this Judgment!Court : Supreme Court of India
..... a socially and educationally backward class. according to the writ petitioners in the high court, the state legislature has been denuded of this power after the constitution (102nd amendment) act, 2018 came into force. the high court rejected the said contention and upheld the legislative competence of the state legislature. there is no authoritative pronouncement on the ..... ongoing legislative process creating reservations for more backward classes which included gujjars, but restrained the state government from taking any action conferring reservation, which will have the effect of 8 2007 (4) scc361 9 2015 (8) scc735 10 i.a. no.2 in w.p. (c) no.62/2002 (order dt. 08.04.2002). 11 (2012) ..... union of india, 1992 supp. (3) scc217and m. nagaraj v. union of india, (2006) 8 scc212 5 (2005) 1 scc394 6 nair service society v. state of kerala, (2007) 4 scc1 suraj bhan meena v. state of rajasthan, (2011) 1 scc467 u.p. power corporation. v. rajesh kumar, (2012) 7 scc1 h.p. s.t. employees federation .....
Tag this Judgment!Court : Supreme Court of India
..... the decision of the university to provide reservation from the next academic year cannot be said to be contradictory to the provisions of the amending act. the act is silent in respect of academic year in which the benefit of reservation is to be given. the candidates have already applied and given ..... 20. we do not find any error in the findings recorded by the high court or that this decision of the university contravenes the provisions of the amending act, which may warrant interference in the present appeal. the appeal is, thus, dismissed with no order as to cost. .............................................j.(l. nageswara rao) ..... an option for admission in the various national law universities before the coming into force of the amending act. therefore, the university extended the benefit of the reservation from the next academic session. we find such decision to be fair, reasonable and not .....
Tag this Judgment!Court : Supreme Court of India
..... in the sense in which it has been judicially interpreted unless a contrary intention appears. the said two expressions in article 31(2) before the constitution (fourth amendment) act, have received an authoritative interpretation by the highest court in the land and it must be presumed that parliament did not intend to depart from the meaning ..... a result of which the question raised was decided in favour of the revenue by the impugned order dated 23rd january, 2007. a review petition filed against the aforesaid order was dismissed on 19th april, 2007.7. shri nikhil nayyar, learned counsel appearing on behalf of the appellant, referred to the object for the enactment of ..... section 21aa of the wealth tax act and then took us through the provisions of section 21aa. according to him, it is .....
Tag this Judgment!Court : Supreme Court of India
..... to 04.07.2018, did not mandate the publication of the invitation of resolution plans, either in form g or otherwise, in newspapers. it is only the amended regulation 36a, which came into effect from 04.07.2018, that requires the publication of form g in newspapers. therefore, the publication in newspapers made by the ..... further the respondent no.3/ successful resolution applicant was planning to expand and integrate other facilities with the distillery plant of the corporate debtor which was functional since 2007; 16. therefore, the fact that there was an issue with regard to the ethanol plant and machinery, had been taken note of by the resolution professional, ..... by name, sarvadnya industries private limited, and that a bank 6 by name, janata sahkari bank limited, pune had taken possession of the same under the sarfaesi act; and (iv) that even the advertisement issued by the resolution professional on 30.03.2018 inviting expression of interest, was vitiated in as much as the invitation .....
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