Court : US Supreme Court
..... 2859; science, state, justice, commerce, and related agencies appropriations act, 2006, 119 stat. ..... 433; consolidated appropriations act, 2004, 118 stat. ..... 53; consolidated appropriations act, 2005, 118 stat. ..... the relief provision has been rendered inoperative, however, for congress has repeatedly barred the attorney general from using appropriated funds to investigate or act upon [relief] applications. ..... 3 (1992 through 2002); consolidated appropriations resolution, 2003, 117 stat. ..... love, relief from the collateral consequences of a criminal conviction: a state-by-state resource guide (2006), updated online at http://www.sentencingproject.org/publicationdetails.aspx?publicationid=486 (as visited nov. ..... if the offender s prior criminal record includes at least three convictions for violent felon[ies,] however, the armed career criminal act of 1984 (acca) mandates a minimum term of 15 years. ..... furthermore, states have drastically different policies as to when and under what circumstances such discretionary acts of grace should be extended . ..... in the firearms owners protection act (fopa), 100 stat. ..... 3d 1072 (ca9 2006), cert. ..... footnote 1 the firearms owners protection act, 100 stat. ..... logan s record as a recidivist, which included three relevant state convictions, led the district court to impose a 15-year prison term, the minimum sentence mandated by the armed career criminal act of 1984 (acca), 18 u. s. c. ..... the bar on funding was renewed every year from 1992 through 2006. ..... 3d 804, 805 (2006). .....
Tag this Judgment!Court : US Supreme Court
..... foreign operations, export financing, and related programs appropriations act, 2006, 543(a), 119 stat. ..... 2214 (hereinafter foreign operations); consolidated appropriations act of 2005, 543(a), 118 stat ..... a state-court suit seeking declaratory judgments to establish the liens validity, but petitioners removed the cases to federal court, where they argued that they were immune under the foreign sovereign immunities act of 1976 (fsia), which is the sole basis for obtaining jurisdiction over a foreign state in federal court, argentine republic v. ..... (hereinafter consolidated appropriations). ..... city of new york - 06-134 (2007) syllabus october term, 2006 permanent mission of india to united nations v.city of new york supreme court of the united states permanent mission of india to the united nations et al. ..... the foreign sovereign immunities act of 1976 (fsia) both codified and modified that basic ..... tate letter announced the united states decision to join the majority of other countries by adopting the restrictive theory of sovereign immunity, under which the immunity of the sovereign is recognized with regard to sovereign or public acts (jure imperii) of a state, but not with respect to private acts (jure gestionis) . id. ..... congress intended the fsia to adopt the restrictive theory of sovereign immunity, which recognizes immunity with regard to sovereign or public acts (jure imperii) of a state, but not private acts (jure gestionis) . ..... the foreign sovereign immunities act of 1976 (fsia), 28 u. s. .....
Tag this Judgment!Court : Supreme Court of India
..... any of the armed forces of the union; or (g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of india which, if committed in india, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in india; ..... in the commission of scheduled offence attached by the investigating agency dealing with that offence, cannot be wholly or partly regarded as proceeds of crime within the meaning of section 2(1)(u) of the 2002 act so long as the whole or some portion of the property has been derived or obtained by any person as a result of criminal activity relating to the stated scheduled offence also see m. ..... the code of criminal procedure, 19731, challenging his arrest by the directorate of enforcement2, vide the arrest order dated 21.03.2024, on the ground of violation of section 19 of the prevention of money laundering act, 20023, and the proceedings pursuant thereto including the order of remand dated 22.03.2024 to the custody of doe passed by the special judge, has been rejected.2. ..... to the grounds mentioned in section 41 and considered it appropriate to impose strict and stringent conditions that act as a safeguard. ..... 67 (2006) 3 scc276 68 (2016) 4 scc346 69 (2019) 1 scc1 70 (2020) 3 scc637 criminal appeal no.2493 .....
Tag this Judgment!Court : Supreme Court of India
..... thus, the seed of msmed act, 2006 had sprouted from the need for a comprehensive legislation to provide an appropriate legal framework and extend statutory support to the micro and small enterprises to enable them to ..... 2019 passed by the delhi high court in lpa422019, whereby the high court while dismissing the said lpa held that despite the arbitration clause in the agreement between the parties, if the msmed act, 2006 is applicable to the party, facilitation council would have the jurisdiction under section 18(3) to either take up the matter for arbitration itself or refer the matter for arbitration to any institution or ..... parties, the respondent facilitation council, thane had the jurisdiction to entertain the reference made by the respondent no.1 krunal engineering works (original respondent no.3) under section 18 of the msmed act, 2006, however the high court held that the respondent facilitation council itself having conducted the 5 conciliation proceedings, could not have taken up the disputes for arbitration in view of section 80 of the ..... conclusions arrived at by us in the earlier part of the judgment, it is held that the high court has rightly held that despite an arbitration clause in the agreement between the parties, if msmed act, 2006 is applicable to them, the facilitation council has the power, jurisdiction and authority under section 18(3) to either take up the matter for arbitration itself or refer the matter for arbitration to any institution or centre .....
Tag this Judgment!Court : Supreme Court of India
..... reservation for the obcs, which would also be the percentages of reservation for admission for the scs and sts after the amendment of the central educational institutions (reservation in admission) act, 2006 by the central educational institutions (reservation in admission) amendment act, 2012, and the institute or the manipur university cannot page 7 of 29 civil appeal no of2021@ slp no.34681 of 2017 anymore invoke clause (i) and (ii) of section ..... (reservation in admission) amendment bill, 20106 which is extracted hereinbelow for ready reference: statement of objects and reasons the central educational institutions (reservation in admission) act, 2006 provides, inter alia, for the reservation in admission of students belonging to the scheduled castes, the scheduled tribes and the other backward classes of citizens to the extent of fifteen per cent. ..... words, reservation made for sc and st candidates should not be reduced to the extent below what was prevailing before the reservation act, 2006 came into force or after the said enactment thereby meaning that reservation for sc candidates could not be less than 15% and for ..... a course or programme for teaching or instruction in each branch of study or faculty authorised by an appropriate authority for admission of students to a central educational institution; xxx xxx xxx4. ..... other than fixation of percentage of reservation for admission of students, not being an issue in this petition, is left open to be decided in appropriate case. .....
Tag this Judgment!Court : Supreme Court of India
..... may, in the interest of justice, be pleased to issue a writ in the nature of mandamus or any other appropriate writ, direction or order striking down sections 3(6), 3(6)(a) and 3(6)(b) of the himachal pradesh private medical educational institutions (regulation of admission and fixation of fee) act, 2006 as amended vide amendment act no.24 of 2015 as null and void being wholly arbitrary, grossly malafide, in contravention of the law settled by the ..... : statement of objects and reasons section 3 of the himachal pradesh private medical educational institutions (regulation of admission and fixation of fee) act, 2006 provides for regulation of admission in private medical education institutions on the basis of merit obtained in centralized common entrance test. ..... college was under dispute and reference in that behalf was pending with the central government, in the meantime, necessary amendments ought be made to the 2010 act and the 2006 act, to the extent that all the medical courses in any institution under any university shall be regulated under the private medical institutions under ..... the definition of private medical educational institution, as amended, can be extended to the appellants in relation to other matters governed by the 2006 act, except the mandate of requiring the appellant no.1 - college (a constituent college of the appellant no.2 university) to take affiliation from the himachal ..... appropriate course to avoid any confusion is to strike down section 3(6a) of the 2006 act .....
Tag this Judgment!Court : Supreme Court of India
..... of punjab has been lawfully discharged from the said agreement; and whereas in view of the aforesaid, it appears that there is likelihood of the constitutional validity of the provisions of the punjab act 2004 being challenged in courts of law involving protracted and avoidable litigation, that the differences and doubts have given rise to public controversy which may lead to undesirable consequences and that a question of ..... use in the erstwhile state of punjab and when the successor states failed to reach an agreement, a notification dated 24th march, 1976 was issued by the central government under section 78 of the punjab reorganisation act, 1966 under which state of haryana was allocated 3.5 maf quantity of water; whereas to give effect to the allocation of 3.5 maf of water to the state of haryana under the said 1976 notification, ..... case, instead of approaching the appropriate authority, namely, the tribunal for appropriate relief, the state of punjab exercised its legislative power by enacting the punjab act so as to nullify the ..... . the 2006 (amendment) act in its application to and effect on the mullaperiyar dam is a legislation other than substantially legislative as it is aimed at nullifying ..... . the 2006 (amendment) act plainly seeks to nullify the ..... by kerala that the 2006 (amendment) act is not a ..... . union of india [(2006) 3 scc643, after hearing the state of kerala, was not persuaded by kerala s argument that the mullaperiyar dam was unsafe or storage .....
Tag this Judgment!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
..... and the state governments shall take appropriate steps to implement food safety and standards act, 2006 in a more effective manner. ..... the central government, the state governments, the food authority and other agencies, as the case may be, while implementing the provisions of this act shall be guided by the following principles namely: (1) (a) endeavour to achieve an appropriate level of protection of human life and health and the protection of consumers interests, including fair practices in all kinds of food trade with reference to food safety standards and practices; (b) ..... by order dated 10.12.2014, it will be in order that the union of india come up with suitable amendments in the food safety and standards act, 2006 and the respondent-union of india shall also make penal provisions at par with the provisions contained in the state amendments as indicated above.21. ..... it goes without saying that while making necessary amendments in the food safety and standards act, 2006, the respondent-union of india shall also make penal provisions at par with the provisions contained in the indian penal code and the states ..... the question of invoking sections 272/273 ipc for violation under food safety and standards act, 2006 is sub judice in the said criminal appeals, we are not inclined to go ..... , this court directed union of india to come up with necessary amendments in food safety and standards act, 2006 and also in the indian penal code to make penal provisions at par with state amendments.13. .....
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. .....
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