Court : Supreme Court of India
..... act published in the official gazette dated 30.08.2006, the relevant portion of which reads as under: whereas the appropriate government is satisfied, after considering the report sent by the collector u/s 5-a (2), the land mentioned in the schedule given below is needed by the state government/ government undertaking/ development authorities, at the public expense for a public purpose, ..... carrying out any educational, housing, health or slum clearance scheme sponsored by government, or by any authority established by government for carrying out any such scheme, or, with the prior approval of the appropriate government, by a local authority, or a society registered under the societies registration act, 1860 (21 of 1860), or under any corresponding law for the time being in force in a state, or a co-operative society within the meaning of any law relating to co-operative societies for the time ..... portions of the proceedings leading up to acquisition by the collector that acquisition for a company may or may not be for a public purpose, the provisions of part vii make it clear that the appropriate government cannot permit the bringing into operation the effective machinery of the act unless it is satisfied as aforesaid, namely, that the purpose of acquisition is to enable the company to erect dwelling houses for workmen employed by it or for the provision of amenities directly connected with .....
Tag this Judgment!Court : Supreme Court of India
..... senior counsel appearing for the appellants surinder singh brar and others, relied upon notification dated 14.8.1989 issued under article 239(1) of the constitution to show that the power vested in the appropriate government under sections 4(1) and 6(1) of the act, which is exercisable by the president in relation to the union territories was delegated to the administrator and argued that in the absence of delegation of power to the adviser by the president, the latter could not ..... carrying out any educational, housing, health or slum clearance scheme sponsored by government or by any authority established by government for carrying out any such scheme, or with the prior approval of the appropriate government, by a local authority, or a society registered under the societies registration act, 1860 (21 of 1860 ), or under any corresponding law for the time being in force in a state, or a co- operative society within the meaning of any law relating to co- operative societies for the time ..... said delegation will be deemed to have ceased insofar as the exercise of power of the appropriate government under the act and the rules framed thereunder is concerned and in the absence of fresh delegation by the administrator, the adviser could not have exercised the power of the appropriate government and sanctioned the acquisition of land for the purposes specified in notifications dated 26.6.2006 and 2.8.2006 nor could he symbolically accept the recommendations of the lao and record his .....
Tag this Judgment!Court : UK Supreme Court
..... this is a reference made by the attorney general for england and wales ("the attorney general") under section 112 of the government of wales act 2006 ("the 2006 act") for a determination on whether sections 6 and 9 of the local government byelaws (wales) bill 2012 are within the legislative competence of the national assembly ..... measure of the national assembly for wales in practice direction 10 are no longer appropriate as part 3 of the 2006 act has ceased to have effect. ..... answers in which she contended that the scottish parliament was the appropriate respondent and that, since proceedings instituted against the parliament must be instituted against the parliamentary corporation in terms of section 40(1) of the 1998 act, the corporation ought to have been called as respondent. ..... a transfer of functions from ministers of the crown to the welsh ministers is achieved by an order in council made under section 58 of the 2006 act, which may direct among other things (i) that functions are to be exercisable by the welsh ministers, the first minister or the counsel general concurrently with the minister of the crown or (ii) that any function ..... it is common ground between the original parties to this reference that section 6 is within paragraph 1 of part 2 of schedule 7 to the 2006 act, in that it would have the effect of "remov[ing] [a] pre-commencement function of a minister of the crown", namely the secretary of state's role in confirming (or refusing to confirm) byelaws made under the .....
Tag this Judgment!Court : Supreme Court of India
..... objective assessment of the situation reveals that shri tandon did not appreciate the circumstances professionally and acted in a negligent manner by not taking any appropriate action about the grave situation at gulberg society/naroda patiya area. ..... as all concerned had acted upon and accepted the sui generis procedure followed by this court in dealing with the complaint dated 8.6.2006 including regarding its investigation and directing presentation of an appropriate report before the magistrate taking cognizance of cr no.67/2002 concerning the gulberg society in terms of order dated 12.9.201180, neither the sit nor the magistrate could travel beyond the said ..... was an extra effort not only expected from the amicus curiae, but also for reassuring the court that each allegation in the complaint dated 8.6.2006 is dealt with appropriately in the report submitted by the sit. ..... , it is clear that when the legislature made the offences in the act cognizable, prior investigation by the appropriate police officer was contemplated as the normal preliminary to the trial in respect of such offences under the act. ..... following is the summary of allegations narrated in the complaint dated 08.06.2006 and the major evidence in brief in support of the charges about commission of offences u/s 302 r/w 120-b ipc, sections 193 r/w 114, 186 & 153-a, 186, 187 ipc, section 6 of commission of inquiry act, the gujarat police act and the protection of human rights act, 1991: (i) instruction by shri narendra d. .....
Tag this Judgment!Court : Supreme Court of India
..... , of evaluating policy alternatives, in consultation with all interested parties considering risk assessment and other factors relevant for the protection of health of consumers and for the promotion of fair trade practices, and, if needed, selecting appropriate prevention and control options; x x x (zu) standard , in relation to any article of food, means the standards notified by the food authority; x x x (zw) substance includes any natural or artificial substance or other matter ..... context of gm technology and gm crops: the petitioners therefore, pray that in the facts and circumstances of the case, this hon ble court may be pleased to issue appropriate writs or directions to: a) direct the union of india not to allow any release of gmos into the environment by way of import, manufacture, use or any other manner unless the ..... sustainable use of biological diversity in the party of import, taking also into account risks to human health, shall not prevent that party from taking a decision, as appropriate, with regard to the import of the living modified organism in question as referred to in paragraph 3 above, in order to avoid or minimize such potential adverse effects.32.3 while section 20 of the ..... page 4 of 260 era environmental risk assessment fao food and agriculture organization fssa, food safety and standards act, 2006 2006 fssai food safety and standards authority of india ge genetically engineered geac genetic engineering appraisal committee gef global environment facility .....
Tag this Judgment!Court : US Supreme Court
..... justice marshall s formulation of the scope of congress powers under the necessary and proper clause: let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional. ..... (1819), with the following emphasis: let the end be legitimate, let it be within the scope of the constitution, and all means which are appropriate, which are plainly adapted to that end, which are not prohibited, but consist with the letter and spirit of the constitution, are constitutional. ..... these are the numbers that were before congress when it reauthorized the act in 2006: 1965 2004 white black gap white black gap alabama 69.2 19.3 49.9 73.8 72.9 0.9 ..... risk of repetition, katzenbach indicated that the act was uncommon and not otherwise appropriate, but was justified by exceptional and unique conditions ..... exercising that power, then, congress may use all means which are appropriate, which are plainly adapted to the constitutional ends declared by these ..... private right of action authorized by 2 of the vra applies nationwide, a comparison of 2 lawsuits in covered and noncovered jurisdictions provides an appropriate yardstick for measuring differences between covered and noncovered jurisdictions. ..... court suggests that limiting the jurisdictional scope of the vra in an appropriate case would be to try our hand at updating the statute. .....
Tag this Judgment!Court : Supreme Court of India
..... parallels between the doctrines of promissory estoppel and legitimate expectation because both these doctrines are founded on the concept of fairness and arise out of natural justice, it is appropriate that the principles of legitimate expectation are also noticed here only to appreciate the case of the appellants founded on the basis of doctrines of promissory estoppel and legitimate ..... law for (1) 1962 and 1969 notifications were not valid and as such could not be relied upon to give sanctity to the 2006 notification; (2) 2006 notification attempted to reserve the area for exploitation by public sector undertaking or joint ventures when section 17a of the 1957 act only allows the state government to reserve area for public sector undertakings and non-joint ventures; section 17a does not envisage a ..... regulation of mines and development of minerals under the control of the union may definitely imply power to acquire mines and minerals in the larger public interest by appropriate legislation, but by 1957 act that has not been done. ..... he referred to section 85 of the bihar reorganization act, 2000 that provides that the appropriate government may, before the expiration of two years adapt and/or modify the law and every such law shall have effect subject to the adaptations and modifications so made until altered, repealed ..... as follows :3the doctrine of legitimate expectation plays no role when the appropriate authority is empowered to take a decision by an executive policy or under .....
Tag this Judgment!Court : Supreme Court of India
..... state. kerala legislature has imposed precautionary measures by placing pro tem restrictions on the storage level of the dams mentioned in the second schedule read with section 62a(2) of the 2006 (amendment) act and the said restrictions are based on the legislative wisdom of the kerala legislature that these dams are endangered on account of their age, degeneration, degradation, structural ..... new agreements in this behalf are made, all agreements and administrative arrangements as to matters of common concern now existing between the crown and any indian state shall, in so far as may be appropriate, continue as between the dominion of india or as the case may be, the part thereof and the state. ..... learned senior counsel for kerala, is that the legislature of every state has not just the power but the obligation to take appropriate legislative measures to ensure the safety and security of its ..... nadu. (iii) the committee shall be free to take appropriate steps and issue necessary directions to the two states - tamil nadu and kerala or any of them if so required for the safety of the mullaperiyar dam ..... be enacted either by the ordinance making power of a governor or the legislature of a state in respect of the topics covered by the entries in the appropriate list in the seventh schedule to the constitution. ..... the covenant under consideration, mukherjea, j.went on to state as follows: the remarks quoted above do not, however, seem quite appropriate to a case of the present description. .....
Tag this Judgment!Court : Supreme Court of India
..... . if a mistake has occurred, and we have no doubt that hundreds of mistakes have occurred in the implementation of the bocw act, it is more appropriate to admit the mistake for a better future rather than to justify it or continue to repeat the mistake ..... (c) no.318 of 2006 etc ..... (c) no.318 of 2006 etc ..... (c) no.318 of 2006 etc ..... (c) no.318 of 2006 etc ..... (c) no.318 of 2006 etc ..... (c) no.318 of 2006 etc ..... . (c) no.318 of 2006 etc ..... . (c) no.318 of 2006 etc ..... . (c) no.318 of 2006 etc ..... . (c) no.318 of 2006 etc ..... . (c) no.318 of 2006 etc ..... . (c) no.318 of 2006 etc ..... . (c) no.318 of 2006 etc ..... . (c) no.318 of 2006 etc ..... . (c) no.318 of 2006 etc ..... . (c) no.318 of 2006 etc ..... . (c) no.318 of 2006 etc ..... . (c) no.318 of 2006 etc ..... . (c) no.318 of 2006 etc ..... . (c) no.318 of 2006 etc ..... . (c) no.318 of 2006 etc ..... . (c) no.318 of 2006 etc ..... . (c) no.318 of 2006 etc ..... . (c) no.318 of 2006 etc ..... . (c) no.318 of 2006 etc ..... . (c) no.318 of 2006 etc ..... . (c) no.318 of 2006 etc ..... . (c) no.318 of 2006 etc ..... . (c) no.318 of 2006 etc ..... . (c) no.318 of 2006 etc ..... . (c) no.318 of 2006 etc ..... protection of the health and strength of workers, men and women, and of the tender age of children against abuse, opportunities and facilities for children to develop in a healthy manner and in 3 (1984) 3 scc1614(1981) 1 scc608w.p. (c) no.318 of 2006 etc ..... (c) no.318 of 2006 etc. ..... (c) no.318 of 2006 etc. ..... (c) no.318 of 2006 etc. ..... (c) no.318 of 2006 etc. ..... (c) no.318 of 2006 etc. ..... (c) no.318 of 2006 etc. ..... (c) no.318 of 2006 etc. ..... (c) no.318 of 2006 etc. ..... (c) no.318 of 2006 etc. ..... (c) no.318/2006 with judgment madan b. .....
Tag this Judgment!Court : Supreme Court of India
1 in the supreme court of india civil original jurisdiction writ petition (civil) no.556 of2006munilal & ors. petitioners versus state of jammu and kashmir & anr. respondents order this petition filed under article 32 of the constitution of india inter alia prayed that some of the provisions of jammu & kashmir reservation act, 2005 ( the reservation act for short) and the rules framed thereunder be declared illegal and unconstitutional. the matter has been pending in this court for the last 16 years. mr. vikramjit banerjee, learned additional solicitor general has invited our attention to the factual developments which have taken place after 2006 including certain amendments to the provisions of the reservation act. in view of the developments which have taken place since the filing of the writ petition, we permit the petitioners to withdraw the instant writ petition, with further liberty to take or initiate appropriate proceedings in a manner known to law. 2 with these observations, the writ petition is disposed of as withdrawn. ..................... ....cji. (uday umesh lalit) ............................j.(s. ravindra bhat) ............................j.(j.b. pardiwala) new delhi, september 28, 2022
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