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Judgment Search Results Home > Cases Phrase: appropriation no 3 act 2005 Sorted by: old Court: supreme court of india Page 1 of about 4,574 results (0.166 seconds)

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 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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Nov 20 2006 (SC)

Kansing Kalusing Thakore and ors. Vs. Rabari Maganbhai Vashrambhai and ...

Court : Supreme Court of India

Reported in : 2006(12)SCALE414

..... of this court which is, 'whether the high court failed to appreciate that the process for rehabilitation was under a policy decision of the government of gujarat and the lands being allotted to the appellants as an administrative act, which allotments was in lieu of the lands of the appellants acquired by the government decades earlier, the judicial interference in the decision making process and policy of the government not warranted in the facts of the case ..... it was further submitted that after receipt of the notice from the high court, the same was placed before the panchayat in its meeting dated 16.02.2005 and the panchayat after detailed deliberation and careful consideration taken the decision by resolving that the panchayat had no objection in the land being granted to the ousted persons on account of setting up of ..... statements in as much as they were headstrong persons of the village having political clout.c) the petitioners in the pil had suppressed material facts including resolutions taken by panchayat authority.d) the petitioners in the pil had acted with malafide intentions by not making necessary and appropriate parties.9. ..... by virtue of the impugned order dated 04.08.2005, the high court arrived at a conclusion that there was hardly any material to indicate that the land in question was pasture land and that such land was in fact reserved for the rehabilitation ..... preferred a revision petition before the high court which, on 11.10.2005, was also dismissed. ..... 2005 .....

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Feb 26 2007 (SC)

Alpesh Navinchandra Shah Vs. State of Maharashtra and ors.

Court : Supreme Court of India

Reported in : JT2007(3)SC630; 2007(3)SCALE598; (2007)2SCC777

..... the above writ petition was filed under article 32 of the constitution of india for issuance of a writ of habeas corpus or any other appropriate writ quashing and setting aside the order of detention dated 12.01.2005 under cofeposa act, 1974 issued against the petitioner by respondent no. ..... section 3(1) of the act allows the detention of a person only if the appropriate detaining authority is satisfied that with a view to preventing such person from carrying on any of the offensive activities enumerated therein, it is necessary to detain such person.v. ..... psa-1204/21(1)/spl-3(a), dated the 31st january 2005, has been passed by the principal secretary (appeals and security) to the government of maharashtra, home department and detaining authority under section 3(1) of the conservation of foreign exchange and prevention of smuggling activities act, 1974 (52 of 1974) for the detention of shri kamlesh navinchandra shah,whereas, the case of shri kamlesh navinchandra shah was placed before the advisory board, which is of the opinion that there ..... it is submitted that the orders of detention under cofeposa act was issued in respect of the petitioner and his brother vide orders dated 12.1.2005 and 31.1.2005 respectively whereas they had made an application before the settlement commission under section 127b of the customs act, 1962 on 19.4.2005. ..... it is stated that two similar orders of detention dated 12.01.2005 and 31.01.2005 were issued under the cofeposa act by respondent no. .....

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Jan 09 2008 (SC)

imagic Creative Pvt. Ltd. Vs. the Commissioner of Commercial Taxes and ...

Court : Supreme Court of India

Reported in : 2008(56)BLJR1038; 2008(1)CTC843; JT2008(1)SC496; 2008(1)SCALE356; (2008)2SCC614; 2008[9]STR337; [2008]12STT392; (2008)12VST371(SC)

..... (supra) as also in associated cement company (supra), what was in issue was the value of the goods and only for the said purpose, this court went by the definition thereof both under the customs act as also the sales tax act to hold that the same must have the attributes of its utility, capability of being bought and sold and capability of being transmitted, transferred, delivered, stored and possessed. ..... an application was filed by it before the appropriate authority under section 60 of the act for classification and advance rulings. ..... hegde is accepted in its entirety, whereas on the one hand, the central government would be deprived of obtaining any tax whatsoever under the finance act, 1994, it is possible to arrive at a conclusion that no tax at all would be payable as the tax has been held to be an indivisible one. ..... the subsequent rectification application made by the applicant dated 24.12.2005 was not considered by the authority in terms of annexure-h, after noticing the judgment of the supreme court in the case of associated cement companites ltd. ..... by reason of the order dated 30th september, 2005, it was held:the issue is examined in detail and it is seen that in the sale of the advertisement material, the background activity such as conceptualization is no doubt an idea but creation of advertisement is a comprehensive activity leading to creation of goods in question. .....

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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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Apr 30 2008 (SC)

Reliance Infocomm Ltd. Vs. Bharat Sanchar Nigam Ltd. and ors.

Court : Supreme Court of India

Reported in : AIR2008SC2533; (2008)2CompLJ445(SC); 2008(6)SCALE503; (2008)10SCC535; 2008(2)LC701(SC); 2008AIRSCW3526

..... according to bsnl, in any case the question whether adc is payable to the fixed wireless terminals was part of the explanatory memorandum to the iuc regulation dated 6.1.2005 itself and, therefore, it is the case of bsnl that para 2.26 of the consultation paper relied upon by the appellant was merely a suggestive approach for the future payment of adc on ..... appellant, reading the above two sentences in para 2.26 of the consultation paper, it is clear that trai gave up the premises theory on 17.3.2005 and has accepted the contention of the appellant that fwa services stand restricted to one base station and not to the premises of subscriber.41. ..... demonstrate that right from inception and, particularly after migration to uas licence, the appellant as a service provider knew the distinction between wll(f) and wll(m) and, therefore, the impugned directive dated 4.3.2005 issued by trai was clarificatory in nature and, therefore, that decision cannot be termed as unilateral decision, as submitted on behalf of the appellant.43. ..... that, this is the reason why even the dot specifically inquired from the appellant vide letter dated 31.1.2005 (in the context of alleged violation of licence condition on account of certain advertisements issued by the appellant) as to whether the mobility of the appellant's phone stood limited to one bts area or whether it is available in the ..... left open to be decided in accordance with law at the appropriate stage by the competent authority under the 1997 act. .....

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Aug 21 2008 (SC)

J. Mitra and Co. Pvt. Ltd. Vs. Asst. Controller of Patents and Desig. ...

Court : Supreme Court of India

Reported in : 2009(1)AWC366(SC); LC2008(3)31; 2008(38)PTC6(SC); 2008(11)SCALE524; (2008)10SCC368

..... vide clause 47 of notes on clauses attached to the statement of objects and reasons, it has been clarified that section 64 is also amended vide patents (amendment) act, 2005 to confer wider jurisdiction on the appellate board in matters of revocation of patent, therefore, amended section 117g which is brought into force only from 3.4.2007 dealt with transfer ..... having regard to what was used in india before the priority date of the claim;(f) that the subject of any claim of the complete specification is not an invention within the meaning of this act, or is not patentable under this act;(g) that the complete specification does not sufficiently and clearly describe the invention or the method by which it is to be performed;(h) that the patentee has failed to disclose to the controller the ..... to what was used in india before the priority date of the applicant's claim;(f) that the subject of any claim of the complete specification is not an invention within the meaning of this act, or is not patentable under this act;(g) that the complete specification does not sufficiently and clearly describe the invention or the method by which it is to be performed;(h) that the applicant has failed to disclose to the controller the ..... the commencement of an act is postponed to some specified future date or to such date as the appropriate government may, by ..... often the commencement of an act is postponed to some specific future date or to such date as the appropriate government may, by notification in .....

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