Court : Supreme Court of India
..... act xxxviii of 1973), shall be assessed separately: each apartment and its percentage of the undivided interest in the common areas and the facilities in a building within the meaning of the west bengal apartment ownership act, 1972 (west ben. ..... 10 (4) if the ownership of any land or building or a portion thereof is sub-divided into separate shares or if more than one land or building or portions thereof by amalgamation come under one ownership, the municipal commissioner may on an application from the owners or co-owners, separate or amalgamate, as the case may be, such lands or buildings or portions thereof so as to ensure conformity with the provisions of this section. ..... .19) however, the three provisos appended to clause(i) of section 178 (2) also relates to building and the land but with different class of cases due to building's peculiar structure, its ownership and the manner in which such building or land is used by the owner.20) if the factors set out in any of the three provisos were found present in any building or land, the assessment of such building and land has to be done as per the procedure prescribed in the provisos read with section 174(1) of the act.21) now coming to the later category of the cases, i.e. .....
Tag this Judgment!Court : Supreme Court of India
..... division bench of the high court of jharkhand on elaborate consideration of applicable provisions of the act and broa came to the conclusion that education regulations, applicable to the erstwhile bihar, are law for the new state of jharkhand in terms of sections 84 and 85 of the broa and therefore ..... ) (supra) wherein the validity of the karnataka cauvery basin irrigation protection ordinance 1991 had been laid for scrutiny in a reference under article 143 of the constitution, the tribunal apart from observing that the question of subsistence or otherwise of the agreement was not an issue before this court in the said reference, also marked that in the complaint 170 before it under adjudication, the principal grievance of the state of tamil nadu ..... as we notice, the tribunal, after adopting the principle of equitable apportionment, in the process of computing the reasonable and equitable shares of the basin states as the first initiative, determined the irrigated areas of the states and in doing so, noted from the report of the cauvery fact finding committee submitted in the year 1972 that the utilization of waters of tamil nadu including karaikal region of the union territory of 423 puducherry, ..... the observations of this court that though the water from inter-state river pass through the territories of riparian states, yet such waters cannot be located in any one state, being in a state of flow, and, thus, no state can claim exclusive ownership of such water so as to deprive the .....
Tag this Judgment!Court : Supreme Court of India
..... apposite to note that as per section 2 of the power of attorney act, 1882, the donee of a power-of-attorney may, if he thinks fit, execute or do any instrument or thing in and with his own name and signature, and his own seal, where sealing is required, by the authority of the donor of the power; and every instrument and thing so executed and done, shall be as effectual in law as if it had been executed or done by the donee of the power in the name, and with the signature and seal, of the donor thereof. ..... the financial capacity, the bidders are required to furnish the following information online: (a) value of net worth (to be submitted in indian rupees and in the format provided at annex iii of appendix i of rfb); (b) value of total income in the last 3 (three) financial years as chosen by the bidder (to be submitted in indian rupees and in the format provided at annex iii of appendix i of rfb); (c) membership number of the chartered accountant , where applicable; and (d) scanned copies of the documents as specified in paragraph 10 of the nit, in relation to the financial ..... apart from the fact that the technical bid of the respondent no.8 deserved to be rejected at the threshold for non-compliance of clause 10 of nit, there was also no legal and justifiable reason for rejecting the technical bid of the ..... in the format given in enclosure-iii with respect to the ultimate beneficial ownership of the bidder/members, in light of the general financial rules, 2017 read with the om .....
Tag this Judgment!Court : Supreme Court of India
..... means it could be said that the legislature by the use of the words special court in section 30 of the pocso intended to curtail the application of the said statutory provision only in trial ..... must also caution the police and the courts to be mindful of the fact that wherever in a given case a particular sub-section of section 15 is found to be applicable, the other two remaining sub-sections of the said provision will cease to be applicable. ..... the relevant observations read as under: - from the whats-app chats filed by the applicant, it appears that the applicant himself was involved in porn activities, therefore, the provision of section 67b of the act, 2000 would be applicable as section 67-b of the act, 2000 also includes records in any electronic form own abuse or that of others pertaining to sexually explicit act ..... certain offences particularly economic offences or inchoate offences like possession of child pornography where apart from the actus reus there exists no other material to depict or demonstrate the mens rea, it is too difficult for the prosecution to look into the mind of the accused to cull out with certainty what his intention was or could have been for doing a particular act let alone cogently establish the same beyond a reasonable doubt. ..... in chandi kumar das karmarkar (supra), the facts of the case are as follows; there was a civil dispute inter-alia between the accused persons therein and the complainant as regards the ownership of a water tank where fishes had .....
Tag this Judgment!Court : Supreme Court of India
..... thus, by delving into the domain of the arbitral tribunal at the nascent stage of section 11, the referral courts also run the risk of leaving the claimant in a situation wherein it does not have any forum to approach for the adjudication of its claims, if it section 11 application is rejected.124. ..... arbitration petition no.19 of 2024 page 54 of 67 krish spinning (supra) cautioned that the courts delving into the domain of the arbitral tribunal at the section 11 stage run the risk of leaving the claimant remediless if the section 11 application is rejected. ..... although the 2019 amendment to the act, 1996 omitted section 11(6a), such an omission was not notified and therefore section 11(6a) still remains in force and reads thus: (6a) the supreme court or, as the case may be, the high court, while considering any application under sub-section (4) or sub-section (5) or sub-section (6), shall, notwithstanding any judgment, decree or order of any court, confine to the examination of the existence of an arbitration agreement. ..... the counsel submitted that apart from co-ownership or common shareholding in millenium and deegee, the srg group has no business relationship or dealings or common interest with either of the other groups. ..... apart from the petitioners and respondents aforementioned, a few other individuals find a repeated mention in the facts of the present petition. .....
Tag this Judgment!Court : Supreme Court of India
..... section 4(5) of the up apartment (promotion of construction, ownership & maintenance) act, c.a. ..... the appellant -dharmendra sharma had applied for allotment and purchase of an apartment (residential flat) in the category of super deluxe 2 on 28.07.2011 and had deposited the booking amount of rs.4,60,000/- along with the application. ..... civil appeals 2809-2810 of 2024, by the appellant filed under section 23 of the consumer protection act, 19861, read with order xxiv of the supreme court rules, assail the correctness of the final judgment and order dated 15.09.2023 passed by the national consumer disputes redressal commission2 in cc no.600/2020 as also the order dated 30th october, 2023 passed on the review application no.335/2023. ..... in the review application also, the ncdrc reiterated that the review was liable to be rejected as while offering possession, the ada vide letter dated 04.12.2014 had made a further demand which amount was not deposited within the time and it was only deposited in 2019 and that too without interest and the complaint was made after six years and, therefore, the appellant would not be entitled to interest from the date of deposit. c.a. ..... on such finding the ncdrc denied to grant interest from the date of deposit but made it applicable from the date of the filing of the complaint. .....
Tag this Judgment!Court : Supreme Court of India
..... the proceedings of the board of officers dated 23rd june, 2006 unequivocally acknowledged that the terms and conditions, including the pay and allowances payable to ssd fund staff, were fixed in march 1978 in accordance with those applicable to the ministerial staff employed in the accounts section of ssf hq estt. no.22. ..... the court then proceeded to indicate the different tests, apart from ownership of the entire share capital: (scc pp. ..... on 28th july, 2011, appellant no.1 (rajkaran singh) filed a representation to the respondent no.1 seeking pensionary benefits under the 6th cpc, however, the same was rejected vide order dated 15th october, 2012, on the ground that he was not a government employee and had not been appointed by following any recruitment rules, and therefore, the central civil services (pension) rules, 1972(hereinafter being referred to as ccs rules ), would not apply to him. ..... the tribunal further held that the appellants were not recruited under an advertisement issued where people at large were given the opportunity of appearing; there was no question of any obligation 5 cast under the factories act for running the ssd fund, as it was not covered under the definition of a factory; and the services performed were not statutory in nature because the ssd fund is a voluntary contribution made by the sff employees. .....
Tag this Judgment!Court : Supreme Court of India
..... the further paragraphs of the said order, which are relevant, read thus: during the course of hearing learned counsel for the parties agreed that in case the plaintiff makes an application to the vice chairman of the lucknow development authority, respondent no.3, in terms of the government orders dated 17.2.1996 and 1.12.1998, the same shall be considered by the vice-chairman, lucknow development authority in accordance with law ..... in this view of the matter, although we do not consider it expedient to interfere in the findings recorded in the trial court, yet in view of the statements made at bar, the vice- chairman, lucknow development authority has to consideration application of the plaintiff for conversion of leasehold into freehold rights in respect of the garden lease in question and pass appropriate order expeditiously and it goes without saying that the respondents entitled to evict the plaintiff-appellant, as stated by them only in accordance with ..... page 3 of 16 the application of the alleged lessee for conversion of his leasehold rights into freehold in accordance with ..... case of the sale of a leasehold plot by the lessor, the rights of the lawful lessees do not get affected, as their tenancy will be attorned to the purchaser in view of section 109 of the transfer of property act,1882. ..... on the face of it, this cannot be a fair and transparent process of transferring the state's ownership rights ..... page 9 of 16 apart from the lessee, others too get a right to submit their .....
Tag this Judgment!Court : Supreme Court of India
..... the jammu and kashmir apartment ownership act ..... section 95 of the act, 2019 speaks of the application of the central laws to the union territory of the jammu & kashmir and ..... (emphasis supplied) 8 fifth schedule, table 1 of the act, 2019 the fifth schedule (see sections 95 and96) table1central laws made applicable to the union territory of jammu and kashmir; and union territory ..... in holding that while an investigation could continue after its initiation under the crpc, 1989, by way of the application of the crpc, 1973, it cannot be stated that even for a case where there was a clear non-compliance of the former, it can be ignored by the application of the latter. ..... no court shall take cognizance of the offence of criminal conspiracy punishable under section 120-b of the ranbir penal code, 5 (1) in a case where the object of the conspiracy is to commit either an illegal act other than an offence, or a legal act by illegal means, or an offence, to which the provisions of section 196 apply, unless upon complaint made by order of, or under authority from the government or some officer empowered by the government in this behalf, or (2) in a case where the object of the conspiracy is to commit any non-cognizable offence, or a cognizable offence ..... 12.this leaves us with the only question to be decided in the appeal, which is on the applicability of section 196-a of crpc, 1989 vis- -vis the 4 provisions and mandate contained in the code of criminal procedure, 1973 (hereinafter referred to as .....
Tag this Judgment!Court : Supreme Court of India
..... haqdaran hasab rasad arazi khewat and in the column of possession with the gram panchayat or the state government, as the case may be, on the dint of sub-section (6) of section 2(g) and the explanation appended 6 thereto or any other provisions of the act of 1961 or the act of 1948; (iv) all such lands, which have been, as per the consolidation scheme, reserved for common purposes, whether utilized or not, shall vest with the state government or the gram panchayat, as the case may be, even though in the column of ownership the entries may be jumla mustarka malkans wa digar ..... of any estate and where any land comprised 28 therein is held by a person under his personal cultivation, it shall not be lawful for the state to acquire any portion of such land as is within the ceiling limit applicable to him under any law for the time being in force or any building or structure standing thereon or appurtenant thereto, unless the law relating to the acquisition of such land, building or structure, provides for payment of compensation at a rate which shall not be less than ..... that apart, in all the relevant sections and the rules, words mentioned are reserved or assigned . ..... similarly, in village sewana, certain lands were set apart for the village panchayat for extension of the abadi and to enable grants of certain land to be made to each family of non- proprietors and certain lands had been reserved for a primary school and some more for a phirni. .....
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