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Judgment Search Results Home > Cases Phrase: appropriation no 3 act 2005 Court: supreme court of india Page 1 of about 4,574 results (0.177 seconds)

Aug 28 2020 (SC)

Praneeth K Vs. University Grants Commission (Ugc)

Court : Supreme Court of India

..... the revised guidelines dated 06.07.2020 is that the said guidelines insofar as it directs for holding of the final year/terminal semester examination by 30.09.2020 does not prohibit a state or state disaster management authority in taking appropriate decision in exercise of power under disaster management act, 2005 not to hold examination looking to the situation in a particular state. ..... a decision is taken by the appropriate authority under act, 2005 regarding non holding of examination, the same will operate and hold the field despite the provisions of the ugc act. ..... needs of universities; (b) allocate and disburse, out of the fund of the commission, grants to universities established or incorporated by or under a central act for the maintenance and development of such universities or for any other general or specified purpose; (c) allocate and disburse, out of the fund of the commission, such grants to other universities as it may deem 1 [necessary or appropriate for the development of such universities or for the maintenance, or development, or both, of any specified activities of such universities]. ..... we, thus, conclude that the state or the state disaster management authority have no jurisdiction under disaster management act, 2005 to take a decision for promoting the students on the basis of previous performance or internal assessment which decision being contrary to revised guidelines of the university grants commission cannot be upheld and has to give way to the guidelines .....

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Dec 15 2020 (SC)

S. Vanitha Vs. The Deputy Commissioner

Court : Supreme Court of India

..... therefore, in the event that a composite dispute is alleged, such as in the present case where the suit premises are a site of contestation between two groups protected by the law, it would be appropriate for the tribunal constituted under the senior citizens act 2007 to appropriately mould reliefs, after noticing the competing claims of the parties claiming under the pwdv act 2005 and senior citizens act 2007. ..... been subsequently transferred to her in-laws (second and third respondents) or that her estranged spouse (fourth respondent) is now residing separately, is no ground to deprive the appellant of the protection that was envisaged under the pwdv act 2005 f summation 24 for the above reasons, we have come to the conclusion that the claim of the appellant that the premises constitute a shared household within the meaning of the pwdv act 2005 would have to be determined by the appropriate forum. ..... the appellant is at liberty to move the court to espouse her remedies 34 part f under the pwdv act 2005 for appropriate orders, including interim protections. ..... in deference to the dominant purpose of both the legislations, it would be appropriate for a tribunal under the senior citizens act, 2007 to grant such remedies of maintenance, as envisaged under s.2(b) of the senior citizens act 2007 that do not result in obviating competing remedies under 30 part e other special statutes, such as the pwdv act 2005. .....

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Sep 28 2011 (SC)

Bedanga Talukdar. Vs. Saifudaullah Khan, and ors.

Court : Supreme Court of India

..... respondent no.1 made an application under the provisions of right to information act, 2005 before the appropriate authority seeking the details of the marks scored by him as well as the details of the marks obtained by other physically handicapped candidates ..... after receiving the identity card the matter was placed before the full commission to decide whether the commission can act on an essential document not submitted earlier as per terms of advertisement but submitted after completion of entire process ..... for the purpose of clarification, we deem it appropriate to add that while considering the case of the petitioner the acceptability, veracity or otherwise of the contents of the identity card and the effect of the said contents, if found to be acceptable, would be ..... the category of persons with locomotor disability upto 50% were required to send a certificate of locomotor disability from the appropriate authority. ..... result, the employer must be conferred a wide discretion to act in relaxation of the rigour of the terms of an ..... submission of the identity card having been already answered by the court and directions having been issued to take into account the same, the public service commission could not have acted in the manner it has done. ..... categories such as obc/mobc, sc, st(p) and st(h), but there was no reservation in favour of the disabled candidates as required under the persons with disabilities [equal opportunities, protection of rights and full participation], act,1995. 5. .....

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Sep 27 2012 (SC)

New Horizon Sugar Mills Ltd. Vs. Govt. of Pondicherry.

Court : Supreme Court of India

Reported in : AIR2013SC584; 2012(10)SCC575; AIR2012SCW5164

..... judge also made it clear that as far as the properties included in the impugned orders were concerned, it would be open to third parties to approach the designated court under act 1 of 2005 for appropriate relief.8. ..... said writ petitions were considered by another learned judge of the madras high court, who by his order dated 12th july, 2005, in pnl investors welfare association versus union of india, with reference to the sarfaesi act, the sick industrial companies (special provision) act, 1958, act 1 of 2005 and the provisions of the industrial disputes act, 1947, and in particular, section 25ff thereof, disposed of the writ petitions upon holding that the members of the workers ..... bench of the high court observed that, inasmuch as, the tamil nadu protection of interests of depositors (in financial establishments) act, 1997, were in pari materia with the provisions of the pondicherry act of 2005 and the provisions of the tamil nadu act had been upheld, nothing further was required to be gone into in that regard. ..... association/workers, either individually or through their respective unions, were entitled to the benefit available under section 25ff of the 1947 act from the appellant mill and parry .....

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Aug 18 2011 (SC)

P.V.indiresan Vs. Union of India and ors.

Court : Supreme Court of India

..... question whether the constitution (ninety-third amendment) act, 2005 would be constitutionally valid or not so far as private unaided educational institutions are concerned, is not considered and left open to be decided in an appropriate case. ..... in his opinion, has, however, considered the issue and has held that the constitution (ninety- third amendment) act, 2005, is not constitutionally valid so far as private unaided educational institutions are concerned. ..... the constitutional validity of the constitution (ninety-third amendment) act, 2005 as also the constitutional validity of cei act were considered and upheld by a constitution bench of this court on 10.4.2008 reported in ashoka kumar thakur vs. ..... . on the other hand, the learned counsel for the third and fourth respondents (the obc category candidates who were the writ petitioner before the high court) contended that the cei act does not stipulate or provide any minimum cut off marks for obc category candidates who are entitled to the benefit of 27% reservation ..... the constitution (ninety-third amendment) act, 2005, is valid and does not violate the basic structure of the constitution so far as it relates to the state-maintained institutions and aided educational institutions. ..... . the proper use of a dictionary lies in choosing the appropriate meaning to the word, with reference to the context in which the word is used .....

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Dec 12 2012 (SC)

Deoki PanjhiyarA. Vs. Shashi Bhushan Narayan Azad and anr.

Court : Supreme Court of India

..... have/had lived together in a shared household after their marriage on 4.12.2006; if the parties have/had lived together whether the same gives rise to relationship in the nature of marriage within the meaning of section 2(f) of the dv act, 2005; whether the decision of this court in velusamy (supra) is an authoritative pronouncement on the expression "relationship in the nature of marriage" and if so whether the same would require reference to a larger bench, may all be premature and ..... proceeding further it will be appropriate to notice, at this stage, the definition of the expressions "aggrieved person" and "domestic relationship" appearing in section 2(a) and (f) of the dv act, 2005. ..... counsel by referring to the definition of "aggrieved person" and "domestic relationship" as appearing in the dv act, 2005 has urged that the legislative intent to include women, living in marriages subsequently found to be illegal or even in relationships resembling a marriage, within the protective umbrella of the dv act is absolutely clear and the same must be given its full effect. ..... , who was married to the respondent in the year 2006, had filed a petition under section 12 of the protection of women from domestic violence act, 2005 (hereinafter referred to as the dv act) seeking certain reliefs including damages and maintenance. ..... and therefore reference to the provisions of section 2(f) of the dv act, 2005 and the conclusions recorded were not required for a decision of the issues arising in .....

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Apr 10 2008 (SC)

Ashoka Kumar Thakur Vs. Union of India (Uoi) and ors. (Obc Judgment)

Court : Supreme Court of India

Reported in : 2008(56)BLJR1292; 2008(3)CTC97; [2008(3)JCR176(SC)]; JT2008(5)SC1; (2008)3MLJ1105(SC); 2008(5)SCALE1; (2008)6SCC1; 2008AIRSCW2899; 2008(3)Supreme331; 2008(2)LH(SC)1534

..... constitution (ninety-third amendment) act, 2005 would be constitutionally valid or not so far as 'private unaided' educational institutions are concerned, is left open to be decided in an appropriate case. ..... another argument advanced by the learned senior counsel is that there is inconsistency between article 15(4) and article 15(5) and by virtue of the constitution (ninety-third amendment) act, 2005, the states are devoid of their wide power under article 15(5) to make reservation in minority educational institutions which are getting aid from the states and thus it is violative of the very ..... it was argued by shri parasaran that the above rulings necessitated the enactment of the constitution (ninety-third amendment) act, 2005 by inserting article 15(5) through which enabling power was conferred on the parliament and the state legislatures, so that they would have the legislative competence to pass a law providing for reservation in ..... where, on a representation by any central educational institution, the central government, in consultation with the appropriate authority, is satisfied that for reasons of financial, physical or academic limitations or in order to maintain the standards of education, the annual permitted strength in any branch of study or faculty of such institution cannot be increased for the academic session following the commencement of this act, it may permit by notification in the official gazette, such institution to increase the annual permitted strength .....

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May 11 2016 (SC)

Swaraj Abhiyan Vs. Union of India and Ors.

Court : Supreme Court of India

..... keeping all the factors in mind we issue the following directions: as mandated by section 44 of the disaster management act, 2005 a national disaster response force with its own regular specialist cadre is required to be constituted. ..... however, the judiciary can and must, in view of article 21 of the constitution, consider issuing appropriate directions should a state government or the union of india fail to respond to a developing crisis or a crisis in the making ..... any event, in view of the provisions of the disaster management act, 2005 the buck will eventually stop with the government of india.99. ..... having expressed our anguish that the disaster management act, 2005 has not been faithfully implemented as yet, we must add that it is not that nothing has been done ..... this preliminary discussion is intended to indicate that a declaration of drought is not a complicated affair but a manageable exercise and an appropriate conclusion can be scientifically drawn with the available data. ..... , we direct the union of india to constitute a national disaster response force within a period of six months from today with an appropriate and regular cadre strength. ..... ndrf shall be credited with an amount by the government of india after due appropriation made by parliament as provided by law. ..... the successful pursuit of appropriate solutions and consequent conclusions and directions are often pejoratively and unfortunately described as judicial ..... this might not seem appropriate in a developed country .....

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Mar 09 2018 (SC)

Common Cause (A Regd. Society) Vs. Union of India

Court : Supreme Court of India

..... beliefs and values that would be likely to influence the decision if the person had capacity; and the other factors that he or she would be likely to consider if able to do so; and 172 section 4, mental capacity act 2005 116 part j taking into consideration, if it is practicable and appropriate to consult them, the views of anyone named by the person as someone to be consulted on the matter in question or on matters of that kind; anyone engaged in caring for the person or interested in his or ..... . 195 luis kutner (supra note 65), at page 228 196 section 25(3), mental capacity act 2005 (uk) 197 section 25(4) (a), mental capacity act 2005 (uk) 198 section 25(4) (b), mental capacity act 2005 (uk) 199 section 25(4) (c), mental capacity act 2005 (uk) 200 section 25 (5) and (6), mental capacity act 2005 (uk) 124 part j f) in the event that there is more than one valid advance directive, none of which have been revoked, the most recently signed advance directive will be considered as the last expression of the ..... the consequences of withholding or withdrawing a treatment from an individual, if she at the material time, reasonably believes that a valid advance decision applicable to the treatment, made by that individual, exists.171 170 section 26(4), mental capacity act 2005 171 section 26(3), mental capacity act 2005 115 part j until the implementation of the mental capacity act 2005 in october 2007, nobody was able legally to make medical decisions on behalf of another adult in england and wales .....

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Aug 18 2020 (SC)

Centre for Public Interest Litigation Vs. Union of India

Court : Supreme Court of India

..... the submissions of the learned counsel for the parties and the pleadings on record, following questions arise for consideration in this writ petition: - i) whether the union of india under section 11 of act, 2005, is obliged to prepare, notify and implement a national disaster management plan specifically for pandemic covid-19 irrespective of national disaster management plan notified in november, 2019?. ..... gazette, constitute a fund to be called the national disaster response fund for meeting any threatening disaster situation or disaster and there shall be credited thereto (a) an amount which the central government may, after due appropriation by parliament by law in this behalf provide; made (b) any grants that may be made by any person or institution for the purpose of disaster management. ..... , (a) an amount which the central government may, after due appropriation made by parliament by law in this 53 behalf provide; and (b)any grants that may be made by any person or institution for the purpose of disaster ..... 33(a) to prepare or review and periodically update disaster preparedness and contingency policies, plans and programmes with the involvement of the relevant institutions, considering climate change scenarios and their impact on disaster risk, and facilitating, as appropriate, the participation of all sectors and relevant stakeholders; 8. ..... , therefore, heard the parties on merits, keeping the aforesaid question open, to be heard and decided in an appropriate proceeding. 24 21. .....

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