Court : Supreme Court of India
..... an original application was filed by the appellant before the national green tribunal (for short, the tribunal ) under sections 14 and 15 of the national green tribunal act, 2010 (for short, the 2010 act ), taking objection to the construction of tiracol bridge which was proposed to be erected on the querim beach in goa. ..... one of the main objects of the 2010 act is to uphold and protect the right of the citizens to healthy environment which is a part of the right to life guaranteed under article 21 of the constitution of india. ..... the objects and reasons of the 2010 act indicate that the object of setting up the tribunal was to protect the said fundamental right. .....
Tag this Judgment!Court : Supreme Court of India
..... any relaxation given to the respondent would run against the settled procedure established page 10 of 25 civil appeal no.of2024@ special leave petition (civil) no.25631 of2019under the crpf act, 1949 and crpf rules, 1955 as also om dated 19th may, 1993 issued by the department of personnel and training, government of india read with rule 11 of the central civil services (classification, control and ..... , after receiving the police report against shri shishupal alias shivpal son of bharat singh resident of emahasan nagar police station barnhal district mainpuri (accused), registering case no.236 under goonda act notice dated 11.11.2011 was issued and instructions were given to appear in the court on 19.11.2011 but the accused did not appear in the court on the appointed date. ..... 5 for short ipc ; 6 for short up goondas act page 4 of 25 civil appeal no.of2024@ special leave petition (civil) no.25631 of2019domestic enquiry proceedings7 the inquiry officer submitted his report stating inter alia that on examining various documents presented before him ..... while doing so, the employer must act with prudence, keep in mind the nature of the post and the duties required ..... time, liberty was granted to the appellants to reconsider the matter and impose a minor punishment on the respondent, as prescribed under section 11 of the crpf act, 1949, if so advised. ..... therefore, this act of the accused completely proves his criminal mentality and at present he has presented wrong facts even during the .....
Tag this Judgment!Court : Supreme Court of India
..... the bench had taken the view that filing of an application or petition for initiating proceedings for contempt does not amount to initiation of proceedings by the court and initiation under section 20 of the act can only be said to have occurred when the court forms the prima facie opinion that contempt has been committed and issues notice to the contemner to show cause why he should not be punished. ..... is that a decision having been rendered by the division bench (original) upon consideration of the pleadings in the 19 contempt petition vis- -vis the law relating to limitation contained in the act, such decision was not open to a review on the basis of alleged discovery of new evidence since the same did not have any relation with the finding that the contempt petition was time ..... in an appropriate case, it would be open to the party who has not petitioned the court within the period of one year, as stipulated in section 20 of the act, to seek exemption from the law of limitation in line with the 43 (1997) 3 scc1144 (1996) 5 scc34236 principle flowing from order vii rule 6, cpc45, by showing the ground ..... we can safely affirm, drawing from our joint experience on the bench, that in the vast majority of cases seeking invocation of the provisions of the act for an alleged civil contempt, institution of proceedings is through a petition or an application containing information made available by a party alleging that the facts disclosed by him do constitute contempt of court and, thus .....
Tag this Judgment!Court : Supreme Court of India
..... one before us, if the previous executive decision is withdrawn, modified or 20 amended in any manner in exercise of legislative power in larger public interest, then the earlier promise upon which the party acts, cannot be enforced as a right and neither can the authorities be estopped from withdrawing its promise, as such an expectation does not give any enforceable right to the party. ..... the circular of the chief secretary dated 1st july, 2002 and its subsequent circulation vide letter dated 21st july, 2002, estopped the state government from amending the is act and, further raising the demand @ 2% treating the concession agreement to be a lease, the same would be hit by principle of promissory estoppel. ..... the collector (stamps), bhopal vide order dated 30.04.2004 passed an order exercising power under section 48-b of the is act directing recovery of deficit stamp duty amounting to rs.1,08,00,000/-(rupees one crore eight lakhs) said to be payable on the ..... he also referred to the definition of immovable property as defined under section 3(26) of the general clauses act, 1897, which would include land, benefits to arise out of land, and things attached to the earth, or permanently fastened ..... where the executive takes a decision based upon which a party acts and, later on, the executive withdraws that decision to the detriment of the party acting upon the earlier decision, it can be said to be estopped from withdrawing its promise or depriving the party from its legitimate expectation .....
Tag this Judgment!Court : Supreme Court of India
..... such, the suit was liable to be dismissed; that the plaintiff no.1 and his brother ambrish were minors and, as such incompetent to contract; that as per section 11 of the indian contract act, 18721 the transaction with minor 1 the act, 1872 civil appeal no.1573 of 2023 page 7 of 56 was void and as such unenforceable in law; that guardian of minor ambrish was shown as his mother whereas actually it should have been ..... defendant no.1; no explanation or details were given with regard to the delay of 26 years in getting the registration; that under section 85 of the registration act, 19082, the documents pending for two years were liable to be destroyed, as such, the sale deed was not legal and proper; that there was interpolation in the documents of sale; ..... for very strong reasons, which are apparent from his conduct not only during the trial but also acting in collusion with respondent no.1 to execute the sale deed for the same land which he had already ..... that he was bona fide purchaser for value and had done so after verification of the title from the revenue records as also having searched the records of the sub- 2 the act, 1908 civil appeal no.1573 of 2023 page 8 of 56 registrar; lastly, it was prayed that the suit be dismissed.8. ..... relying upon section 54 of the transfer of property act, 188210 read with section 17 and 49 of the registration act, the submission is that an unregistered sale deed could not have been received in evidence as no title would pass on the basis of an .....
Tag this Judgment!Court : Supreme Court of India
..... parties refers a dispute or disputes to arbitration and the other party takes a plea that there was a final settlement of all claims, is the court, on an application under sections 9(b) and 33 of the act, entitled to enquire into the truth and validity of the averment as to whether there was or was not a final settlement on the ground that if that was proved, it would bar a reference to the ..... about the finality of the discharge and its effect as satisfaction) final, thus, precluding the applicant of itsright event to approach a civil court.6.3 in the proceedings under section 8 of the arbitration act, it is not the function of the court to examine in detail, the extant and nature of dispute, if dispute exist is referable to the arbitration clause occurring in the agreement between the parties, the ..... to when the right to apply would accrue, we had observed in paragraph 56 of the said decision that the limitation period for filing a petition under section 11(6) of the act, 1996 can only commence once a valid notice invoking arbitration has been sent by the applicant to the other party, and there has been a failure or refusal on part ..... or not, is a dispute arising out of the contract and is liable to be referred to arbitration and hence the application of the respondent under section 20 of the indian arbitration act should have been allowed and the matters in dispute between the parties, including the question whether or not there was discharge of special leave petition (c) nos. .....
Tag this Judgment!Court : Supreme Court of India
..... of section 43d, which starts with a non-obstante clause, notwithstanding anything contained in the cr.p.c, no person accused of an offence punishable under chapters iv (which 11 includes section16) and vi of the uap act shall, if in custody, be released on bail or on his own bond unless the public prosecutor has been given an opportunity of being heard on the bail application. ..... had issued a slue of directions relating to undertrials in jail facing charges under the narcotic drugs and psychotropic substances act, 1985 (briefly, the ndps act hereinafter) for a period exceeding two years on account of the delay in disposal of the cases lodged against them ..... of a citizen must be zealously safeguarded by the courts but, at the same time, in the context of stringent laws like the tada act, the interest of the victims and the collective interest of the community should also not be lost sight of. ..... najeeb (supra), this court thereafter proceeded to hold that section 43d(5) of the uap act does not oust the ability of the constitutional courts to grant bail on grounds of violation ..... the definition which would be relevant is that a person commits a terrorist act if he does any act with the intention to threaten or likely to threaten the economic security of ..... under sections 489b and 489c of the indian penal code, 1860 ( ipc for short) and under section 16 of the unlawful activities (prevention) act, 1967 ( uap act for short) before police station ats, uttar pradesh, district lucknow.4. .....
Tag this Judgment!Court : Supreme Court of India
..... (4) that in exercising his jurisdiction under section 227 of the code the judge which under the present code is a senior and experienced court cannot act merely as a post office or a mouthpiece of the prosecution, but has to consider the broad probabilities of the case, the total effect of the evidence and the documents produced before the court, any basic infirmities appearing in ..... an important facet of law of conspiracy is that apart from it being a distinct offence, all conspirators are liable for the acts of each other of the crime or crimes which have been committed as a result of conspiracy. ..... in terms of section 120b, ipc, is an independent offence and its ingredients are: (i) an agreement between two or more persons; (ii) the agreement must relate to doing or causing to be done either 10 (2009) 11 scc737page 23 of 31 criminal appeal no.2395 of 2023 (a) an illegal act; (b) an act which is not illegal in itself but is also done by illegal means.26. ..... constitute even an accusation of criminal conspiracy, first and foremost, there must at least be an accusation of meeting of minds of two or more persons for doing an illegal act or an act, which is not illegal in itself, by illegal means.28. ..... it is held that doing so would be practically acting under section 232, cr.pc, even though the said stage has not ..... of india & ors.12, this court characterized the offence of criminal conspiracy as an agreement between two or more persons to do an illegal act or a legal through illegal means. .....
Tag this Judgment!Court : Supreme Court of India
..... application made by the respondent, the proceedings in application no.4622 of 2016 under section 12 of pwdv act and criminal application no.41/2019 under section 31(1) of pwdv act were transferred to tis hazari courts, delhi vide order dated 13.08.2021 passed by this court. ..... additionally, the judgment addresses specific scenarios such as the right of residence under the pwdv act, the impact of the wife s income on maintenance, and the needs of minor ..... 675 & 1168-1171of 2024 page 4 of 27 order dated 16.09.2019, the summons were stayed and vide order dated 13.12.2019, the high court of allahabad directed expeditious disposal of application of appellant under section 12 of pwdv act pending before the judicial magistrate as there was no stay operating in the proceedings.6. ..... mediation between the parties failed on 06.07.2019 and the appellant preferred a criminal application no.41/2019 under section 31(1) of pwdv act against the respondent for non-compliance of order dated 01.02.2019 i.e. ..... thereafter, the respondent filed a petition under section17(1)(d) of the special marriage act, 1954, seeking dissolution of marriage on grounds of cruelty. ..... record that complaint for cruelty, hurt, and dowry demand against the respondent was registered by the appellant within the first 11 months of their marriage followed by an application seeking protection under section 12 of pwdv act filed by the appellant. ..... s criminal miscellaneous writ petition before the 1 in short, ipc 2 in short, act, 1961 slp(crl. .....
Tag this Judgment!Court : Supreme Court of India
..... any of the armed forces of the union; or (g) who has been concerned in, or against whom a reasonable complaint has been made, or credible information has been received, or a reasonable suspicion exists, of his having been concerned in, any act committed at any place out of india which, if committed in india, would have been punishable as an offence, and for which he is, under any law relating to extradition, or otherwise, liable to be apprehended or detained in custody in india; or (h) who, being a released ..... may be cases where the property involved in the commission of scheduled offence attached by the investigating agency dealing with that offence, cannot be wholly or partly regarded as proceeds of crime within the meaning of section 2(1)(u) of the 2002 act so long as the whole or some portion of the property has been derived or obtained by any person as a result of criminal activity relating to the stated scheduled offence also see m. ..... of india read with section 482 of the code of criminal procedure, 19731, challenging his arrest by the directorate of enforcement2, vide the arrest order dated 21.03.2024, on the ground of violation of section 19 of the prevention of money laundering act, 20023, and the proceedings pursuant thereto including the order of remand dated 22.03.2024 to the custody of doe passed by the special judge, has been rejected.2. .....
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