Court : Supreme Court of India
..... aggrieved by the manner in which persons with disabilities have been portrayed in a movie and approached the court seeking directions for the inclusion of an expert on disability within the central board of film certification and its advisory panel constituted under sections 3 and 5 of the cinematograph act, among ..... confronted with such a scheme of things, would not just be to strike down the discriminatory practices and compensate for the harm hitherto arising out of them; but also structure adequate reliefs and remedies that facilitate social redistribution by providing for positive entitlements that aim to negate the scope of future harm therefore, an analysis of discrimination, with a view towards its systemic manifestations (direct ..... convicted not less than thrice of any of the offences specified .291 the rajasthan act gave too much discretion to the district magistrate.292 a biased officer may never declare any members of a criminal tribe as no longer habitual criminals even if they may not have any convictions at all.293 the rajasthan act was hardly any improvement from the criminal tribes act.294 ..... and who attempt to escape in 1919 all of british india had settlements for criminal tribes except burma, assam, the central 69 part xi provinces, and the northwest frontier ..... v. union of india, (2006) 8 scc21238 part viii treatment .87 there also exists a close relationship between dignity and the quality of life .88 dignity of human existence is fully realized only when one leads .....
Tag this Judgment!Court : Supreme Court of India
..... challenge of the petitioner therein was that, by virtue of section 13a, a differentiation was made between the appellant who was a vice-chancellor on the date of the commencement of the said act and other persons who were to be appointed vice-chancellors thereafter. ..... fact, the stand taken on behalf of the respondents in the counter affidavit filed before the high court, was to the effect that the legislature had chosen to treat the vice-chancellor holding office at the time of the commencement of the second amendment act, as a class by himself and with a view to enable the chancellor to make fresh appointments, section 13-a of the act was enacted. ..... whether the remedies provided under the societies registration act were sufficient to meet the exigencies of the situation is not for the court to decide but it is for the government and if the government thought that the conditions prevailing in the auroville and the society can be ameliorated not by resorting to the provisions of the societies registration act but by a special enactment, that is 43 an area of the exercise of the discretion of the government and not of the ..... there should have been a general legislation rather than singling out sri aurobindo society for hostile treatment. ..... aggrieved by the communications dated 6th april 2017 and 17th may 2017, the promulgation of the ordinance and passing of the impugned act, the khalsa university and khalsa society (hereinafter referred to as appellants ) filed a writ petition being .....
Tag this Judgment!Court : Supreme Court of India
..... chenab bridge project undertaking7 referring to mmtc limited (supra) held that the scope of jurisdiction under section 34 and section 37 of the act is not like a normal appellate jurisdiction and the 6 (2019) 4 scc1637 (2023) 9 scc859 courts should not interfere with the arbitral award lightly in a casual and a ..... it is equally well settled that the appellate power under section 37 of the act is not akin to the normal appellate jurisdiction vested in the civil courts for the reason that the scope of interference of the courts with arbitral proceedings or award is very limited, confined to the ambit of section 34 of the act only and even that power cannot be exercised in a casual and a cavalier ..... other words, the powers under section 37 8 vested in the court of appeal are not beyond the scope of interference provided under section 34 of the act.17 ..... in this civil appeal is to the judgment and order dated 10.01.2017 passed by the high court of punjab & haryana at chandigarh in exercise of powers under 1 section 37 of the arbitration and conciliation act, 19961 setting aside the order dated 07.04.2015 passed under section 34 of the act and also the arbitral order dated 08.11.2012. ..... is also well settled that even if two views are possible there is no scope for the court to reappraise the evidence and to take the different view other than that has been taken by the arbitrator. ..... as an award made by an arbitrator can be said to be one by a reasonable person no interference is called for. .....
Tag this Judgment!Court : Karnataka
..... your good office, to kindly grant sanction for the prosecution of sri.siddaramiah, for offences under section 7, section 9, section 11, section 12 and section 15 of the prevention of corruption act, 1988 and section 59, 61, 62, 201, 227, 228, 229, 239, 314, 316(5), 318(1), 318(2), 318(3), 319, 322, 324, 324(1), 324(2), 324(3), 335, 336, 338 and section 340 - of the bharatiya nyaya sanhita, 2023 and other applicable provisions ..... issues, it becomes necessary to direct the learned sessions judges/special court who would entertain complaints against public servants filed by private persons alleging offences punishable under the provisions of the prevention of corruption act, 1988 even if it is an amalgam not to entertain such complaints if they do not comply with the following: (i) the ..... 422 31.05.2005 smt.malathi swarnabai 391 19.08.2005 sri.pradeep kumar 397 24.08.2005 b.s.govinde gowda 283 17.10.2005 smt.annaporna 264 07.02.2006 sri.k.b.ponacha 369 19.02.2006 16 sri.jeevan 367 19.02.2007 sri.raghavendrachar 392 30.07.2009 the gift deed dated 20-10-2010 was executed when sri.siddaramiah was ..... legislative assembly of that state: provided that the number of ministers, including the chief minister, in a state shall not be less than twelve: provided further that where the total number of ministers, including the chief minister, in the council of ministers in any state at the commencement of the constitution ..... the reasonable suspicion of the party aggrieved without having made any finding .....
Tag this Judgment!Court : Supreme Court of India
..... the case so as to dissuade him from disclosing such facts to the court or to the police officer; or (e) as unless such person is arrested, his presence in the court whenever required cannot be ensured, and the police officer shall record while making such arrest, his reasons in writing: provided that a police officer shall, in all cases where the arrest of a person is not required under the provisions of this sub-section, record the reasons in writing for not making the arrest. ..... has flown since the passing of the order of the high court, as now there are two medical reports of the appellant, one by the government hospital on the direction of the high court and the other by army hospital on the directions of this court, we deem it fit and proper to consider the bail application of the appellant on merits.37. mr. ..... with imprisonment for a term which may be less than seven years or which may extend to seven years whether with or without fine, if the following conditions are satisfied, namely: (i) the police officer has reason to believe on the basis of such complaint, information, or suspicion that such person has committed the said offence; (ii) the police officer is satisfied that such arrest is necessary (a) to prevent such person from committing any further offence; or (b) for proper ..... enforcement or ed recorded ecir no.hiu ii/14/2022 on 22.08.2022 under the prevention of money laundering act, 2005 (pmla) on the basis of the offences under which the cbi case was registered. .....
Tag this Judgment!Court : Supreme Court of India
..... it will also be relevant to refer to the preamble of the said 2016 rules, which reads thus: now, therefore, in exercise of the powers conferred by sections 3, 6 and 25 of the environment (protection) act, 1986 (29 of 1986) and in supersession of the municipal solid waste (management and handling) rules, 2000, except as respect things done or omitted to be done before such supersession, the central government hereby ..... preference shall be given to decentralized processing to minimize transportation cost and environmental impacts such as- a) bio-methanation, microbial composting, vermi-composting, anaerobic digestion or any other appropriate processing for bio-stabilisation of biodegradable waste; b) waste to energy processes including refused derived fuel for combustible fraction of waste or supply as feedstock to solid waste based power ..... municipal council class-c rs.2,000/- other than local body- individual based on gross 26 operator/industry capital investment installing msw based as ..... aggrieved thereby, the present statutory appeals have been filed under section 22 of the national green tribunal act ..... various authorities for grant of consent will be as per "revised delegation of powers for consent management" issued vide office order no.12, dated- 23/12/2o2o. ..... subsequently, in compliance of the notification dated 14th august 2006, for the setting up of gpp, the respondent- concessionaire sought environment clearance from the state level environment impact assessment authority9 .....
Tag this Judgment!Court : Supreme Court of India
..... the amount brought by shaji; that they collect that and later it will be counted; that if any shortages are found in the bundle that will be informed to suresh sir, that not only the person who goes there with the money but many others, who came to return the money to their office through shaji; that it is about 20 lakh rupees sent to shaji and rs 30 lakhs is the maximum amount shaji brought to their ..... where you are staying, or khader's people will come and collect the foreign currency from you and give you the equivalent inr; that these are also done without any documents; that other than khader, you used to sell to anas; that khader's firm is at chennai paris and burma bazar, that to date, you purchased around rs 25 crores worth of foreign currency from kerala and sold that to khader, ..... thus, you have contravened the section 3 and section 4 of foreign exchange management act, 1999 and indulged in the act prejudicial to the 33 conservation or augmentation of foreign ..... )1, has approached this court being aggrieved by the judgment and order dated 4th march 2024 passed by the division bench of the high court of kerala at ernakulam in writ petition (criminal) no.1271 of 20232, vide which it has dismissed the said ..... 3.8 being aggrieved thereby, the appellant has approached this court by way of present appeal by ..... 3.7 being aggrieved by the detention of the detenu, the appellant herein approached the kerala high court by way of habeas corpus petition being writ petition (criminal) no.1271 .....
Tag this Judgment!Court : Karnataka
..... (viii) where during a search under any statute other than the ndps act, a contraband under the ndps act also happens to be recovered, the provisions relating to the ndps act shall forthwith start applying, although in such a situation section 50 may not be required to be complied for the reason that search had already been ..... -10, para57) (1) that when an empowered officer or a duly authorised officer acting on prior information is about to search a person, it is imperative for him to inform the person concerned of his right under sub-section (1) of section 50 of being taken to the nearest gazetted officer or the nearest magistrate for making the search ..... (1) when any officer duly authorised under section 42 is about to search any person under the provisions of section 41, section 42 or section 43, he shall, if such person so requires, take such person without unnecessary delay to the nearest gazetted officer of any of the departments mentioned in section 42 or to the ..... did not decide in absolute terms the question whether or not section 50 of the ndps act was directory or mandatory yet it was held that provisions of sub-section (1) of section 50 make it imperative for the empowered officer to inform the person concerned (suspect) about the existence of his right that if he so requires, he shall be searched before a gazetted officer or a magistrate; failure to inform the suspect about the existence of his said right would cause prejudice to him, and in case he so opts, failure to .....
Tag this Judgment!Court : Supreme Court of India
..... (2) the state government may, by rules made in this behalf, provide for the payment by the police officer of the reasonable expenses of every person, attending under sub-section (1) at any place other than his residence. ..... indeed, after arrest, the manner of dealing with such offender involved in offence of money-laundering would then be governed by the provisions of the 1973 code - as there are no inconsistent provisions in the 2002 act in regard to production of the arrested person before the jurisdictional magistrate within twenty-four hours and also filing of the complaint before the special court within the statutory period prescribed in the 1973 code for filing of police report, if not ..... thus, there being specific procedure prescribed under the statutory rules of 2005 for summoning the person under sub-sections (2) and (3) of section 50 of the act, the same would prevail over any other procedure prescribed under the code, particularly the procedure contemplated in section 160/161, as also the procedure for production of documents contemplated in section 91 of the code, in view of the overriding effect given to the pmla over the other acts including the cr.p.c. .....
Tag this Judgment!Court : Karnataka
..... that government; (c) in the case of any other person, of the authority competent to remove him from his office: [provided that no request can be made, by a person other than a police officer or an officer of an investigation agency or other law enforcement authority, to the appropriate government or competent authority, as the case may be, for the previous sanction of such government or authority for taking cognizance by the court of any of the offences specified in this sub-section, unless (i) such person has filed a complaint in a competent court about ..... as aforesaid, any part of his statement, if duly proved, may be used by the accused, and with the permission of the court, by the prosecution, to contradict such witness in the manner provided by section 145 of the indian evidence act, 1872 (1 of 1872); and when any part of such statement is so used, any part thereof may also be used in the re- examination of such witness, but for the purpose only of explaining any ..... p272202023 further argues that, criminal law for cognizable offences can be initiated by any person, even if not personally injured or aggrieved, under section 154 crpc or by invoking the learned magistrate under section 200 crpc. ..... that the appellant be granted the liberty to take recourse to the remedy available to him, in case the appellant rates as accused in the ..... however, the petitioners are granted liberty to pursue appropriate remedies before the hon ble supreme court under article 131 of the constitution .....
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