Court : Supreme Court of India
..... the intermediary has conspired or abetted or aided or induced, whether by threats or promise or otherwise in the commission of the unlawful act; (b) upon receiving actual knowledge, or on being notified by the appropriate government or its agency that any information, data or communication link residing in or connected to a computer resource controlled by the intermediary is being used to commit the unlawful act, the intermediary fails to expeditiously remove or disable access to that material on that resource without vitiating the evidence in any ..... or, as the case may be, the state commission, referred to in sub-section (1), shall, while inquiring into any matter relating to any offence under this act, have the same powers as are vested in it under the commissions for protection of child rights act, 2005 (4 of 2006). ..... the case may be, the state commission, referred to in sub-section (1), shall, also include, its activities under this section, in the annual report referred to in section 16 of the commissions for protection of child rights act, 2005 (4 of 2006).248. ..... commission for protection of child rights constituted under section 3, or as the case may be, the state commission for protection of child rights constituted under section 17, of the commissions for protection of child rights act, 2005 (4 of 2006) shall, in addition to the functions assigned to them under that act, also monitor the implementation of the provisions of this act in such manner as may be prescribed. .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Supreme Court of India
..... oath;(ii) the discovery and production of any document or other material object produced as evidence; 8(iii) the reception of evidence on affidavits; (iv) the requisitioning of the report of the concerned analysis or test from the appropriate laboratory or from any other relevant source;(v) issuing of any commission for the examination of any witness; and(vi) any other matter which may be prescribed. ..... state commission that it was influenced by the concluding portion of the judgment of the bombay high court to the effect that the respondent (writ petitioner) could approach the appellate authority or make an appropriate application before the state commission for setting aside the ex parte order, if permissible under the law. ..... very few provisions of the code of civil procedure have been made applicable to the proceedings before the district forums and the state commissions under section 18 of the consumer protection act, which applies sections 13 and 14 to the state commission and the national commission (under section 22(1) are those under section 13(4)). ..... involved in both the appeals are identical, therefore, we deem it appropriate to dispose of both these appeals by a common judgment.4. ..... the hon'ble chief justice of india for appropriate orders. ..... redressal commission and others air 2005 ap 118 in which the court observed that the district forums and the state commissions are entitled to exercise only such powers which are specifically vested in them under the act and the rules.24. mr .....
Tag this Judgment!Court : Supreme Court of India
..... no.5 for appropriate directions to be given to bseb in this regard. 2. ..... accordingly, in terms of the order dated 8.11.2005, pesco is entitled to recover the said sum from bseb, since it has been able to prove that the amount had been paid by it to the bank. ..... no.2630 of 1982 this court, while granting leave, directed that bseb would pay to pesco the purchase price on the basis of book-value in accordance with the provisions of the indian electricity act, 1910. ..... paid by pesco to the bank and was the cash credit amount of pesco's account with bank of india, and which amount, together with interest, was payable to pesco in terms of the order passed by this court on 8.11.2005. 6. ..... on 8.1.2005, after noting that what was payable by bseb to pesco was the book-value and not the market value of the assets of pesco, this court, after taking into consideration the submissions of the respective .....
Tag this Judgment!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. .....
Tag this Judgment!Court : Supreme Court of India
..... of the pious obligation under the hindu law, of such son, grandson or great-grandson to discharge any such debt: provided that in the case of any debt contracted before the commencement of the hindu succession (amendment) act, 2005, nothing contained in this sub-section shall affect -- (a) the right of any creditor to proceed against the son, grandson or great-grandson, as the case may be; or (b) any alienation made in respect of or in satisfaction of, any such debt, and ..... (3) where a hindu dies after the commencement of the hindu succession (amendment) act, 2005, his interest in the property of a joint hindu family governed by the mitakshara law, shall devolve by testamentary or intestate succession, as the case may be, under this act and not by survivorship, and the coparcenary property shall be deemed to have been divided as if a partition had taken place and,-- (a) the daughter is allotted the same share as is allotted to a son; (b) the share of the pre-deceased ..... having regard to 2005 amendment act which we shall refer to appropriately at a later stage, the present appellants (3rd and 4th defendant) made an application for passing the preliminary decree in their favour for partition of schedule properties `a', `c' and `d' into four equal shares; allot one share to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2011(4)KLT134(SN); 2012(1)SCC226; 2012(2)SCJ617; AIR2012SCW2723; 2012(2)KCCR61SN
..... direct tax enactment means the wealth- tax act, 1957 or the gift-tax act, 1958 or the income-tax act, 1961 or the interest-tax act, 1974 or the expenditure-tax act, 1987; (j) indirect tax enactment means the customs act, 1962 or the central excise act, 1944 or the customs tariff act, 1975 or the central excise tariff act, 1985 or the relevant act and includes the rules or regulations made under ..... union of india, (1969) 3 scc 311, the issue before this court was whether the clause (g) of section 297(2) of the income tax act, 1961 is violative of article 14 of the constitution inasmuch as in the matter of imposition of penalty, it discriminated between two sets of assessees with reference to a particular date, namely, those whose ..... they had further prayed for issuance of an appropriate direction to the petitioner to give them benefit of the scheme, 1998 in respect of tax arrears under tax enactments for which show cause notices ..... 3) the high court, vide its impugned judgment and order dated 25.07.2005, has declared that section 87(m)(ii) (b) of finance (no.2) act, 1998 is violative of article 14 of the constitution of india insofar as it seeks to deny the benefit of the `kar vivad samadhana scheme, 1998 (hereinafter referred to as the scheme ) ..... the high court has further held that as per the definition of the `tax arrears' in section 87(m) (ii)(a) of the act, the benefit of the scheme was intended to be given to all persons against whom the amount of duties, cess, interest, fine .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2012SC541; 2012(1)ALT19; 2012(1)SCJ197; AIR2012SCW291; 2012(1)KCCR21(SC)(SN);
..... this ratifies the act of 28/06/2005, therefore the minutes of the meeting which is signed by the 4 complainant himself and accused no.4. mr. ..... in my opinion, it will not be appropriate for the addl. ..... sessions judge jumped to the conclusion that such a resolution was passed and the acts of 28.6.2005 were ratified. ..... if perused the act of 28/06/2005 is ratified and the complainant thus consented to that act. ..... however, in this case, it is seen from the record that the complainant had meeting on 19/07/2005, the minutes of the meeting are produced at page no.293 in criminal revision no.460/2007. ..... that apart whether or not document dated 19th july, 2005, could possibly have the effect of ratifying the resolution allegedly passed on 28th june, 2005 was also a matter that could not be dealt with summarily, especially when the former did not even make a reference to the latter. 11. ..... on the question of ratification of the resolution allegedly passed on 28th june, 2005, the high court held that the sessions judge was not justified in entertaining a photocopy of the document relied upon by the accused at the revisional stage, placing implicit reliance upon the same 6 and interfering ..... the court observed: the question is only in respect of the incident 28/06/2005 if this incident averred in the complaint is taken as it is without any more facts then certainly leads a prima facie case of playing fraud. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2012(1)SCC699; 2012(1)KLT52(C.No.58); 2012(1)KLJ331; 2012(1)KarLJ331; 2012(1)SCC(Cri)767; AIR2012SCW766; 2012(1)LW(Crl)353; 2012CriLJ1248; 2012(1)BCR(Cri)737
..... this ratifies the act of 28/06/2005, therefore the minutes of the meeting which is signed by the 4 complainant himself and accused no.4. mr. ..... in my opinion, it will not be appropriate for the addl. ..... sessions judge jumped to the conclusion that such a resolution was passed and the acts of 28.6.2005 were ratified. ..... if perused the act of 28/06/2005 is ratified and the complainant thus consented to that act. ..... however, in this case, it is seen from the record that the complainant had meeting on 19/07/2005, the minutes of the meeting are produced at page no.293 in criminal revision no.460/2007. ..... that apart whether or not document dated 19th july, 2005, could possibly have the effect of ratifying the resolution allegedly passed on 28th june, 2005 was also a matter that could not be dealt with summarily, especially when the former did not even make a reference to the latter. 11. ..... on the question of ratification of the resolution allegedly passed on 28th june, 2005, the high court held that the sessions judge was not justified in entertaining a photocopy of the document relied upon by the accused at the revisional stage, placing implicit reliance upon the same 6 and interfering ..... the court observed: the question is only in respect of the incident 28/06/2005 if this incident averred in the complaint is taken as it is without any more facts then certainly leads a prima facie case of playing fraud. .....
Tag this Judgment!Court : Supreme Court of India
..... aggrieved person, who genuinely apprehends on the basis of the content of the publication and its effect, an infringement of his/ her rights under article 21 to a fair trial and all that it comprehends, would be entitled to approach an appropriate writ court and seek an order of postponement of the offending publication/ broadcast or postponement of reporting of certain phases of the trial (including identity of the victim or the witness or the complainant), and that the court may grant ..... is inappropriate for comments to be made publicly (in the media or otherwise) on cases (civil and criminal) which are sub judice; this principle has been stated in section 3 of the contempt of courts act, which defines criminal contempt of court as the doing of an act whatsoever which prejudices or interferes or tends to interfere with the due course of any judicial proceeding or tends to interfere or interfere with or obstruct or tends to interfere or obstruct the administration of justice. ..... sahara stated that the time has come that this court should give appropriate directions with regard to reporting of matters (in electronic and print media) ..... , discretion is given to the courts to evolve neutralizing devices under contempt jurisdiction such as postponement of the trial, re-trials, change of venue and in appropriate cases even to grant acquittals in cases of excessive media prejudicial publicity. ..... ag of trinidad and tobago [2005 (1) ac 190] has been doubted by the court of appeal in new ..... (2005) .....
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