Court : Supreme Court of India
..... there is not only a grammatical but a legal distinction between 'may be proved' and 'must be or should be proved' as was held by this court in shivaji sahabrao bobade & anr v state of maharashtra where the following observations were made:"certainly, it is a primary principle that the accused must be and not merely may be guilty before a court can convict and the mental distance between 'may be' and ..... of rarest of rare case to justify the imposition of capital punishment on the appellants, the high court was of the view that as the incident shook the collective conscience of the community and the acts of murder committed by the appellants were so gruesome, merciless and brutal, the aggravating circumstances far outweighed the mitigating circumstances and hence, this case fell under the category of rarest of the rare case ..... having ventured to rob, perhaps they did not contemplate the kind of resistance that was put up by the victims, which led them to act the way they did, to continue with their plan, and ensure that the victims did not survive to tell the tale.226 ..... and evolving discourse, the report marks a shift in the approach towards the death penalty in india, going so far as to recommend abolition in all offences, except those relating to terrorism ..... ., post-1955 and post-1973, capital punishment was upheld to be constitutional by 5-judge benches of this court in jagmohan singh and ..... imposed a requirement of written reasons for not imposing death penalty, which was removed in 1955 .....
Tag this Judgment!Court : Supreme Court of India
..... and 33b) were the subject matter of challenge before the bombay high court, which, by a common judgment, held them to be violative of articles 14 and 19 (1)(g) of the constitution of india.8 the state of maharashtra appealed; this court upheld the view of the bombay high court (in ihra-i). ..... maharashtra legislative assembly, through the act repealing the 2014 amendment (with effect from 30.08.2016), also enacted the act ..... secure premises and performance licenses under licensing and performance for public amusement including cabaret performance, melas and tamashas rule, 1960 (hereafter rules, 1960 ) framed under the maharashtra police act, 1951 (hereafter act, 1951 ). ..... the regulations framed under section 33(1)(w) of the bombay police act, more so regulations 238 and 242 provide that the licensing authority may suspend or cancel a licence for ..... scc100 11 maharashtra act no.12 of ..... regulating in the interest of public order, decency or morality or in the interest of the general public, the employment of artists and the conduct of the artists and the audience at such performances; section 33(1) (2), act, 1951 enables the making, alteration or rescinding of rules; it inter alia, reads as follows: section 33 (1) .. ..... the commissioner of police, brihan mumbai, exercising powers under section 33 (1) (w)(i) and (w)(ii), section 162(1) of act, 1951 read with rule 108a, 109, 118, 207 and 209 of the rules, 1960, by orders dated 12.09.2009 in additional to the existing conditions mentioned in the .....
Tag this Judgment!Court : Supreme Court of India
..... some of the relevant provisions from the inams abolition act read thus:- the andhra pradesh (telangana area) abolition of inams act, 1955 (act no.viii of 1955) chapter i preliminary xxx xxx xxx (c) inam means land held under a gift or a grant made by the nizam or by any jagirdar, holder of a samsthan or other competent grantor and continued or confirmed by virtue of a muntakhab or other title deed, with or without the condition of service and ..... therefore, mr chinai was right in contending that every action/activity of the bombay port trust which constituted 63 air1967sc185764 (2006) 1 scc66765 (1989) 3 scc293104 state within article 12 of the constitution in respect of any right conferred or privilege granted by any statute is subject to article 14 and must be reasonable and taken only ..... the elected chief minister held the office till the creation of the state of andhra pradesh on 1.11.1956 by the states reorganisation act, 1956, when the telugu-speaking region of the state of hyderabad was merged with andhra state, marathi speaking region of hyderabad state was merged with bombay state and kannada speaking region with the mysore state.9. ..... this court in province of bombay v. ..... in a constitution bench judgment reported as province of bombay v. .....
Tag this Judgment!Court : Supreme Court of India
..... murthy11, the question fell for decision under section (3) of the karnataka village offices inam abolition act. ..... construct a building on the site within such period as may be specified by the board, as per plans, designs and conditions to be approved by the board or in conformity with the provisions of the city of bangalore municipal corporation act, 1949 and the bye-laws made thereunder; (ii) the purchaser shall not without the approval of the board, construct on the site any building other than a building for the construction of which the site ..... section 84-c, reads as follows: (1) where in respect of the transfer of acquisition of any land made on or after the commencement of the amending act, 1955, the mamlatdar suo motu or on the application of any person interested in such land has reason to believe that such transfer or 16 air1968sc135883 acquisition is or becomes invalid under any of the provisions of this act, the mamlatdar shall issue a notice and hold an inquiry as provided for in section 84-b and decide whether the transfer or acquisition is or is not ..... this is, of course, no longer 113 the case in england, or in gujarat and maharashtra, where the doctrine only affects transactions pendente lite if the lis has been duly registered ..... the bombay act did not prohibit a contract of sale of agricultural land between two ..... of the questions, which arose was whether the enforcement of the contract, would defeat the provisions of the bombay tenancy and agricultural lands act, 1948. .....
Tag this Judgment!Court : Supreme Court of India
..... or (b) authorised by the board under section 16 (i) to lay, build, operate or expand a common carrier or contract carrier, or (ii) to lay, build, operate or expand a city or local natural gas distribution network; section 2(i) of the act defines a city or local natural gas distribution network as: (i)an interconnected network of gas pipelines and the associated equipment used for transporting natural gas from a bulk supply high pressure transmission main to the medium pressure ..... activities covered by it (refining, processing, storage, transportation, distribution, marketing and sale of petroleum products and natural gas) can be carried out only with the authorization of the pngrb, in accordance with provisions of the act; 48 (2) the pngrb s functions are delineated in section 11 which include granting authorization to entities to lay, build, operate or expand common carriers, contract carriers or local natural gas distribution network; (3) the ..... entity shall (a) lay, build, operate or expand any pipeline as a common carrier or contract carrier; (b) lay, build, operate or expand any city or local natural gas distribution network, without obtaining authorization under this act: provided that an entity, - (i) laying, building, operating or expanding any pipeline as common carrier or contract carrier or (ii) laying, building, operating or expanding any city or local natural gas distribution network, immediately before ..... abhimanyu17 and state of maharashtra v lalji ..... air1953sc333 state of bombay ..... sales tax (1955) .....
Tag this Judgment!Court : Supreme Court of India
..... for that purpose, civil courts are given vast powers which include the power to attach property, apart from passing orders of imprisonment, which are punitive in nature.1 orders passed under section 17(2) of the arbitration act, using the power contained in order xxxix, rule 2-a are, therefore, properly referable only to the arbitration 1 when an order for permanent injunction is to be enforced, order xxi, rule 32 provides for ..... creditors, (c) that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the court may by order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in ..... been recognised and incorporated in section 9-a of civil procedure code (inserted by maharashtra amendment act no.65 of 1977), says mr sorabjee. ..... and the prayers sought for therein, on the clear language of section 41(1), the conclusion is inevitable that these suits could lie within the exclusive jurisdiction of small cause 72 court, bombay and the city civil court would have no jurisdiction to entertain such suits.52. ..... chaman paswan, (1955) 1 scr117(at page122) and various other judgments following it to contend that in cases of inherent lack of jurisdiction, it would be open to a party to .....
Tag this Judgment!Court : Supreme Court of India
..... guided, it can easily be visualised that of the parent legislature while it enacted such law was not required to hear the parties likely to be affected by the operation of the act, is delegate exercising an extremely limited and almost ministerial function as an agent of the principal legislature applying the act to the area at an appropriate time is also not supposed and required to hear all those who are likely to be affected in future by the binding code of conduct ..... . in this part, unless the context otherwise requires (1) "adjudicating authority", for the purposes of this part, means na- tional company law tribunal constituted under section 408 of the companies act, 2013 (18 of 2013); *** (5) "corporate applicant" means-- (a) corporate debtor; or (b) a member or partner of the corporate debtor who is authorised to make an application for the corporate insolvency resolution process under the constitutional document of the corporate debtor; or (c) ..... rights of a creditor against a guarantor continue even in the event of bankruptcy or liquidation, stressed the solicitor general, and relied on maharashtra state electricity board bombay v. ..... bishwambhar singh (supra)the power under section 3(1) of the orissa estates abolition (amendment) act, 1952 was involved ..... . on october 15, 1955, a new enactment, the rajasthan tenancy act no.iii of 1955 came into force, and the relationship between landlords and tenants was governed ..... 44(1955) i scr735 31 taking note of the scheme of the code and the other .....
Tag this Judgment!Court : Supreme Court of India
..... 2(g) "other backward classes" means any socially and educationally backward classes of citizens as declared by the government and includes other backward classes declared by the government of india in relation to the state of maharashtra ; 2(k) "reservation" means the reservation of post in the services for the members of scheduled castes, scheduled tribes, de-notified tribes (vimukta jatis), nomadic tribes, special backward category and other backward classes ..... was filed before the bombay high court, challenging the identification of marathas as sebcs, the conclusions of the commission, which culminated in its adoption by the state of maharashtra and enactment of the sebc act, the quantum of reservations, and the provisions of the act itself, ..... the kaka kalelkar commission submitted its report on 30.03.1955 where it observed - vol.i in maharashtra, besides the brahman it is the maratha who claimed to be the ruling community in ..... three national backward classes commissions reports as noted above in the year 1955, 1980 and 2000, were the reports regarding the ..... . the startling effect of the carry forward rule as modified in 1955 would be apparent if in the illustration which we have taken ..... .314. when in earlier period of about 60 years, right from 1955 to 2008, repeatedly it was held that maratha community is not backward class, gaikwad commission ought to have applied the test that what 267 ..... referred to kalelkar commission report (1955), mandal commission report 49 (1980 ..... on .....
Tag this Judgment!Court : Supreme Court of India
..... , claims, counter claims, demands, actions, penalties, right, title or interest is claimed (other than as specifically mentioned herein) shall stand modified with effect from the effective date without any further act or deed, and approval of this plan by nclt119shall be deemed to be sufficient notice which may be required to be given to any person for such matter and no further notice shall be required to be given ..... in giving judgment for the attorney general, said: (er p.134) the duty in this instance was, in fact, imposed by the first act; but the gross mistake of the omission of the weight, for which the sum expressed was to have been payable, occasioned the amendment made by the subse quent act: but that had reference to the former statute as soon as it passed, and they must be taken to gether as if they were ..... of haryana, 30substitution of the word upto for the word after in the proviso to section 13a (added in 1994) in haryana municipal act, 1973 by the haryana municipal (second amendment) act, 1994 was held to be correction of an obvious drafting error to bring about the text in conformity with the legislative intent and, ..... committee of creditors of essar steel india limited through authorised signatory (supra) has been reiterated by another three judges bench of this court in the case of maharashtra seamless limited (supra).147. ..... state of bihar [(1955) 2 scr603: air1955sc661 , heydon case [(1584) 3 ..... air1997sc1279: (1997) 4 scc89and commissioner of income tax bombay v. .....
Tag this Judgment!Court : Supreme Court of India
..... tahsildar sinnar & ors (2019) 3 scc211 the issue for deliberation before the apex court involved section 35 of the maharashtra village panchayats act, 1959, which is a provision for no confidence motion and sub-section 3 of the said section indicating the requirement of majority of not less than two third of total number of members who are ..... , the full bench of this court, in the context of provisions of section 55(1) and 55(2) of the maharashtra municipalities act held that a valid no- confidence motion must be passed by not less than two- thirds of the total number ..... so far as the judgment striking down the impugned order on the ground that obc reservation was less than 27% as mandated by section 9(2)(bb) of the goa 10 municipalities act, he argued that the judgment itself made it clear that, though not raised in the writ petitions, the judges took it up suo motu and set aside the order ..... our attention is invited to the action of the director and on the conduct of the election commission as a mute spectator, which in fact was expected to act and live upto its role conferred by the constitution, ensuring free and fair 23 elections, we are not expected to be oblivious to the situations which have been ..... by the order dated 04.02.2021, 9 writ petitions were filed before the high court of bombay at goa between 09.02.2021 and 12.02.2021 challenging the aforesaid order on various grounds. ..... (iii) in dnyaneshwar narso naik s case (supra ..... syed ahmad ishaque, (1955) 1 scr1104 narayan ..... naik .....
Tag this Judgment!