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Bureau of Indian Standards Vs. S.K. Kanojia

Court : Supreme Court of India

Reported in : AIR2008SC113; JT2007(12)SC609; 2007(11)SCALE646; (2007)8SCC636; 2008(2)SLJ206(SC); 2007AIRSCW6251

..... amended by notification dated 3rd may, 2002, in exercise of the powers conferred by section 38 of the bureau of indian standards act, 1986 (in short the 'act') to read as follows:9. ..... background facts in a nutshell are as follows:the respondents had claimed for directions to the appellants-bureau of indian standards (hereinafter referred to as 'bis') to promote them as scientists-d in the pay-scale of rs.12000-375-16500 on the date of their completion of 5 years of service in the lower grade under a scheme known as the 'flexible complementing scheme' (hereinafter referred ..... thereafter, based on the assessment procedure as laid down by the executive committee of bureau of indian standards, which shall take into account qualifications, performance, merit, seniority, potential, annual confidential reports for previous five years and interview by the assessment committee appointed 'by the director general, the officers would ..... to time by the central government for promotion of scientists in scientific organizations under the central government subject to the condition that the said scheme shall be applicable to the scientific cadre officers of the bureau from the date of commencement of the bureau of indian standards (recruitment of scientific cadre) amendment regulations, 2004. 8. ..... accordingly, in bureau of indian standards, all scientific cadre officers were considered eligible for promotion from one grade to the next higher grade after they had put in 5 years of residency service .....

Union of India (Uoi) and anr. Vs. S.L. Verma and ors.

Court : Supreme Court of India

Reported in : 137(2007)DLT88(SC); [2007(112)FLR697]; 2006(14)SCALE56

..... authority was created under the bureau of indian standards act, 1986. ..... once they became the member of the pension scheme, regulation 16 of the bureau of indian standards (terms and condition of service of employees regulation, 1988) had become ipso-facto applicable in ..... 14 made a regulation known as 'bureau of indian standards (terms and condition of service of employees regulation, 1988)', regulation 16 thereof reads as under:16 pension- the employees shall be governed by the central civil services (pension) rules, 1972: provided that the employees ..... , the bureau of indian standards, which is an autonomous body, pursuant to and in furtherance of an office memorandum dated 1.5.1987 issued by the government of india asked its employees to give their option whether to continue under the provident fund ..... bureau of indian standards have proceeded on some legal misconception that it was obligatory on the part of the said employees to give a positive option for ..... bureau of indian standards ..... were employees of bureau of indian standards. ..... it further notices the recommendations of the fourth central pay commission to the effect that cpf beneficiaries in service on 1.1.1986 would be deemed to have switched over to the pension scheme on that date unless they specifically opt out to continue under ..... , as noticed hereinbefore, were created, one by reason of the memorandum, and another by reason of the acceptance of the recommendations of the fourth central pay commission with effect from 1.1.1986. .....

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

..... made by a person authorised in this behalf by the central government or the state government.2) section 34 of the bureau of indian standards act, 1986 no court shall take cognizance of an offence punishable under this act, save on a complaint made by or under the authority of the government or 236 bureau or by any officer empowered in this behalf by the government or the bureau, or any consumer or any association recognized in this behalf by the central or state government.3) section 26(1) of sebi act, 1992 no court shall take cognizance of any offence punishable under ..... reference is made to section 22 of the mines and minerals (development and regulation) act, 1957, section 34 of the bureau of indian standards act, 1986, section 34 of the telecom regulatory authority of india act, 1997, section 47 of the banking regulation act, 1949, section 26(1) of the securities and exchange board of india act, 1992, section 19 of the environment (protection) act, 1986, section 43 of the air (prevention and control of pollution) act, 1981 and section 57(1) of the petroleum and natural gas regulatory board act, 2006. .....

Common Cause Vs. Union of India .

Court : Supreme Court of India

..... of a mining lease is obliged to adhere to the standards laid down under the environment (protection) act, 1986 or the epa as well as the laws pertaining to air and water pollution and also by necessary implication, the provisions of the forest (conservation) act, 1980 (for short the fc act ). ..... to the cec the total notional value of minerals produced without an environmental clearance or in excess of the environmental clearance, at the weighted average price of minerals as proposed by the indian bureau of mines comes to about rs.17091.24 crores for iron ore and about rs.484.92 crores for manganese ore making a total of rs.17,576.16 crores. ..... in a letter dated 29th october, 2010 addressed to the controller general, indian bureau of mines it was pointed out that state governments had expressed a concern that the indian bureau of mines (ibm) had been modifying mining plans for allowing an increase in production of ore without adequate intimation ..... the above passage indicates that the permissible variation in production as per the indian bureau of mines is +10% but according to the letter dated 12th december, 2011 issued by the ministry of mines, the ..... the forest survey of india, the moef, the indian bureau of mines and the geological survey of india should also ..... september, 2012 it was reiterated that any violation of the mining plan or the mining scheme noticed by the state government should be immediately brought to the notice of the indian bureau of mines to initiate suitable action. .....

Vasant Chemicals Ltd. Vs. Hyderabad Metropolitan Water Supply and Sewe ...

Court : Supreme Court of India

..... the appellant unit is to treat and process the industrial effluents and bring them down to permissible standard limits in accordance with the provisions of water act, 1974 and environment act, 1986 relating to discharge and disposal of industrial effluents and other objectionable effluents into sewers before discharging of the effluents into ..... earlier, the appellant unit is obligated to treat and process the industrial effluents and bring them down to permissible standard limits in accordance with the provisions of 27 the water act, 1974 and environment act, 1986 before they are let into the sewer line of the board. ..... clause 18 stipulates that no treated effluent shall be discharged by jetl unless the same is treated in accordance with the provisions of the water and the air acts and the various upper limits of the parameters of the treated industrial effluents shall be within the permissible standard limits prescribed; further, clauses 22 to 24 give the board the right to reject effluents of jetl if they are not found to be consistent with the prescribed ..... would not accept the effluents unless these conform to the standards prescribed by the board vide indian council for enviro legal 10 action and others v. ..... , discharge of effluents in the state of andhra pradesh including the industrial region of jeedimetla was the subject matter of a proceeding before this hon ble court being writ petition (c) no.1056 of 1990, in the matter of indian council for enviro/legal action and others. .....

C. Venkatachalam Vs. Ajitkumar C. Shah and ors.

Court : Supreme Court of India

..... indicted in section 6 is to promote and protect the rights of consumers against the marketing of goods and services which are hazardous to life and property; the right to be informed about the quality, quantity, potency, purity, standard and price of goods or services, as the case may be, so as to protect the consumer against unfair trade practices; the right to be assured, wherever possible, access to a variety of goods and services at competitive prices; the right ..... to promote and protect the rights of consumers such as- (a) the right to be protected against marketing of goods which are hazardous to life and property; (b) the right to be informed about the quality, quantity, potency, purity, standard and price of goods to protect the consumer against unfair trade practices; (c) the right to be assured, wherever possible, access to an array of goods at competitive prices; (d) the right to be heard and to be assured that consumer interests ..... guidelines constitute a comprehensive policy framework outlining what governments need to do to promote consumer protection in following seven areas: (i) physical safety; (ii) protection and promotion of the consumer economic interest; (iii) standards for the safety and quality of consumer goods and services; (iv) distribution facilities for consumer goods and services; (v) measures enabling consumers to obtain redress; (vi) measures relating to specific areas (food, water ..... that the indian parliament had enacted the consumer protection act, 1986. .....

State of Haryana Vs. Ram Kishan and ors.

Court : Supreme Court of India

Reported in : AIR1988SC1301; JT1988(2)SC444; 1988(1)SCALE889; (1988)3SCC416; [1988]3SCR1015; 1988(2)LC252(SC)

..... before us were never given any such opportunity and according to their assertion if such an opportunity had been afforded, they would have shown that the standard of their ining operation was very high and favourably measured against the expected standard suggested in the report of the indian bureau of mines and mentioned in the letter of the mines department of the central government and that it was definitely superior to that of haryana minerals limited ..... regard was made by the learned counsel to the report of the indian bureau of mines referred to in the letters of the director, department of mines, central government to the chief secretary, government of haryana, dated 20th april, 1985, 8th july, 1985 and 10th july, 1985 and the state's letters dated 14th july, 1986, 17th september, 1986 and 29th september, 1986. ..... the state of haryana, in purported exercise of powers under section 4a of the act prematurely terminated the leases by its order dated 1st october, 1986 which is quoted in the judgment of the high court, stating that it was proper to do so as the haryana minerals limited ..... out that the information demanded was very pertinent in the context of the proposed termination of the mining lease, the central government by its letter dated 26th november, 1986 agreed to the proposal, but took care to advice that while taking any action for premature termination of the leases the authority should 'ensure that the provisions of section 4a of the act are complied with'. .....

Union Carbide Corporation, Etc., Etc. Vs. Union of India, Etc. Etc.

Court : Supreme Court of India

Reported in : I(1992)ACC332; AIR1992SC248; (1991)3CompLJ213(SC); JT1991(6)SC8; 1991(2)SCALE675; (1991)4SCC584; [1991]Supp1SCR251; 1992(1)LC505(SC)

..... was asserted on the averments that ucc, apart from being the holding company, had retained and exercised powers of effective control over its indian subsidiary in terms of its corporate policy and the establishment of the bhopal chemical plant-with defective and inadequate safety standards which, compared with designs of ucc's american plants, manifested an indifference and disregard for human-safety-was the result of a conscious ..... the following statements:this settlement shall finally dispose of all past, present and future claims, causes of action and civil and criminal proceedings (of any nature whatsoever wherever pending) by all indian citizens and all public and private entitles with respect to all past, present and future deaths, personal injuries, health effects, compensation, losses, damages and civil and criminal complaints of ..... such restitution is discretionary and in exercising this discretion the interests of the victims be kept in mind and restitution denied.at all events, if restitution is to be allowed, whether ucc would not be required to act upon and effectuate its undertaking dated 27th november, 1986 on the basis of which order dated 30th november, 1986 of the bhopal district court vacating the injunction against it was made.contention (i):notice to the affected-person implicit in section 4 of the ..... the central bureau of investigation, government of india, brought criminal charges under sections 304, 324, 326, 429 read with section 35 of the indian penal code .....

Modern Dental College and Res.Cen. and Ors. Vs. State of Madhya Prades ...

Court : Supreme Court of India

..... following prominent failures of mci in order to put things into proper perspective:- (i) failure to create a curriculum that produces doctors suited to working in indian context especially in the rural health services and poor urban areas; this has created a disconnect between medical education system and health system; (ii) failure to maintain uniform standards of medical education, both undergraduate and post-graduate; (iii) development of merit in admission, particularly in private medical institutions due to prevalence of ..... to satisfy the triple test of fairness, transparency and non-exploitativeness, can the state take over the admission procedure by substituting its own procedure; but by the impugned provision in section 6 and section 3(d) of the act, 2007 even in the absence of any material to show that the entrance test conducted by the private unaided institution failed to satisfy the triple test, the state had taken over the admission procedure. ..... the policy of 1986 states:- 3.13 while the role and responsibility of the states in regard to education will remain essentially unchanged, the union government would accept a larger responsibility to reinforce the national and integrative character of education, to maintain quality and standards (including those of the teaching profession at all levels), to study and monitor the educational requirements of the country as a whole in regard to manpower for development, to cater to the needs of research and advanced study, to .....

Annamalai University Rep. by Registrar Vs. Secy. to Govt. Infn. and To ...

Court : Supreme Court of India

Reported in : 2009(57)BLJR1022; JT2009(4)SC43; 2009(3)SCALE293; (2009)4SCC590; 2009(2)LC1022(SC)

..... programme without requiring 3 years graduate degree qualification under open education stream, which is in practice in some universities of tamil nadu.we drew your kind attention to the ugc regulation 1985 regarding the minimum standard of instructions for the grant of the first degree through non-formal/distance education dated 25th november, 1985 according to which no student shall be eligible to seek admission to the master's degree ..... (whether in full or part) at, other universities, institutions or other places of higher learning as equivalent to examinations or periods of study in the university, and to withdraw such recognition at any time;xxx xxx xxx(xxiv) to determine standards and to specify conditions for the admission of students to courses of study of the university which may include examination, evaluation and any other method of testing;xxx xxx xxxxxx xxx xxx5(2) notwithstanding anything contained in ..... national level for the introduction and promotion of open university and distance education systems in the educational pattern of the country and for the co-ordination and determination of standards in such systems.we may also notice the statement of objects and reasons of the said act, which reads as under:despite the tremendous expansion of the formal system of higher education since independence, the pressure on the system is continuously increasing ..... decision of this court in indian express newspapers pvt ..... however, was given effect from 1.1.1986.we may notice some of .....