Court : Supreme Court of India
..... (l) the following documents shall be registered, if the property to which they relate is situate in a district in which, and if they have been executed on or after the date on which, act no.xvi of 1864, or the indian registration act, 1866, or the indian registration act, 1871, or the indian registration act, 1877, or this act came or comes into force, namely: xxx xxx xxx (b) other non testamentary instruments which purport or operate to create, declare, assign, 37 limit or extinguish, whether in present or in future, any ..... (5) if the property dealt with by the decree be not the "subject matter of the suit or proceeding", clause (vi) of sub section (2) would not operate, because of the amendment of this clause by act 21 of 1929, which has its origin in the aforesaid decision of the privy council, according to which the original clause would have been attracted, even if it were to encompass property not litigated. ..... 9 scc706considering both the aforesaid judgments, this court opined that when a family settlement arrived at between the parties has been acted upon then it is 31 not open to resile from the same and the parties are estopped from contending to the contrary. ..... hence, the partition of the ancestral/joint family properties having found to have taken place in the 1964 and the same having been acted upon, a fresh suit for partition and separate possession of the suit properties was not at all maintainable. .....
Tag this Judgment!Court : Supreme Court of India
..... a three-judge bench while dealing with the correctness of the judgment of the high court wherein the high court had directed that the census department of the government of india shall take such measures towards conducting the caste-wise census in the country at the earliest and in a time-bound manner, so as to achieve the goal of social justice in its true sense, which is the need of the hour, the ..... present appeals in a nutshell are as under: the state of punjab enacted the punjab private health sciences educational institutions (regulation of admission, fixation of fee and making of reservation) act, 2006 (hereinafter referred to as the 2006 act ) for the regulation of admission, fixation of fee and making of reservation in private health sciences educational institutions in the state of punjab. ..... the act 16 has conferred power on the central government to issue notification regarding the manner in which the census has to be carried out and the central government has issued notifications, and the ..... [census ..... said authority in census commr. ..... [census ..... census commr ..... ) 8 scc212 refusing to grant such reliefs in exercise of powers under article 32 of the constitution of india and after referring to the decision of this court in the case of census commr. vs. r. ..... section 6 of the 2006 act provides for reservation of seats and as per the said section, all private health sciences educational institutions shall reserve seats for admission in open merit category and management category, .....
Tag this Judgment!Court : Supreme Court of India
..... building materials or water supply or electric power or slow down strike or due to a dispute with the construction agency employed by the company civil commotion or by reason of war or enemy action or earthquake of any act of god or if non-delivery of possession is as a result of any act, notice, order, rule or notification of the government and or any other public competent authority or for any other reason beyond the 5 | pa ge control of the company and in any of the aforesaid events the ..... preliminary objection was rejected by the commission on the ground that sections 36-a and 37(1) of the mrtp act related to unfair/restrictive trade practices and the commission has jurisdiction to examine the validity of the agreement ..... for deciding such question, the commission has to find out whether a particular act can be condemned as an unfair trade practice; whether representation contained a false statement and was misleading and what was the effect of such a representation made to the ..... the compensation sought by the appellants cannot be granted as section 12-b of mrtp act empowers the commission to grant compensation only when any loss or damage is caused to a consumer as a result of a monopolistic, restrictive or unfair ..... unfair trade practice as defined in section 36a of the mrtp act is a trade practice which, for the purpose of promoting the sale, use or supply of any good or for the provision of any services adopts any unfair method or unfair or deceptive practice including other .....
Tag this Judgment!Court : Supreme Court of India
..... forests and climate change and another10, a three-judge bench of this court noted that the ngt cannot refuse to hear a challenge to an environmental clearance under section 16(h) of the ngt act and delegate the process of adjudicating on compliance to 10 2021 scc online sc669ca10462019 14 an expert committee. ..... no 81 of 2014 (wz), instituted under sections 14 and 15 of the ngt act, was 1 ngt act 2 ngt ca10462019 2 pending before the ngt for nearly four years since july ..... 2 this appeal under section 22 of the national green tribunal act 20101 arises from a judgment and order of the principal bench of the national green tribunal2 dated 28 september 2018, by which it dismissed oa no 81 ..... three-judge bench of this court outlined that section 15(1)(c) of the ngt act entrusts broad powers to the ngt. ..... section 146 of the ngt act vests the ngt with jurisdiction over all civil cases where ..... the ngt act provides for the constitution of a tribunal consisting both of ..... have been notified pursuant to the powers conferred by sections 3, 6 and 25 of the environment (protection) act 1986, which is entry 5 in schedule i of the ngt act. ..... the act is an entire island of power and jurisdiction read with section 20 of the act. ..... constituted as an expert adjudicatory authority under an act of parliament. ..... development, precautionary principle and polluter pays, propounded by this court by way of multiple judicial pronouncements, have now been embedded as a bedrock of environmental jurisprudence under the ngt act. .....
Tag this Judgment!Court : Supreme Court of India
..... no.180 of 2022 m/s ireo private limited appellant versus aloke anand and others respondents w i t h civil appeal no.268 of 2022 1 judgment dr justice dhananjaya y chandrachud, j1the appeals under section 23 of the consumer protection act 19861 arise from the decision of the national consumer disputes redressal commission2 on complaints which were instituted against the appellant by the allotees of its housing project called skyon , located at golf course extension road ..... ordered a refund of rs 2,23,91,480 with simple interest at the rate of 10.25 per cent per annum, which it noted was the rate of interest payable under the real estate (regulation and development) act 2016 in haryana in respect of cases where refund is made to flat buyers due to the delay of the developer in handing over possession. ..... in shamshul hoda khan (supra), the ncdrc had rejected the developer s submission by noting that the haryana fire service act 200913 did not prohibit the commencement of construction on a housing project after building approval was sanctioned and pending a fire noc if the building approval did not contain such a condition and, in any ..... submission raised in the review petition is on the basis of section 15(1) of the haryana fire service act, 13 hfs act 14 civil appeal no 4801 of 2019 15 review petition (civil) no 2339 of 2019 7 2009 ..... the view that it was a mandatory requirement under the haryana fire service act, 2009 to obtain the fire noc before commencement of construction activity. .....
Tag this Judgment!Court : Supreme Court of India
..... he further submitted that the trial court after scrutinizing the evidence brought on record by the parties came to the conclusion that the paternal uncle of plaintiff, marappa gounder, died prior to the enforcement of hindu succession act, 1956 and, therefore, the plaintiff and other sisters of the plaintiff were not the heirs as on the date of death of marappa gounder in the year 1949 and thus, plaintiff was not entitled to the partition ..... applying the above settled legal proposition to the facts of the case at hands, since the succession of the suit properties opened in 1967 upon death of kupayee ammal, the 1956 act shall apply and thereby ramasamy gounder s daughter s being class-i heirs of their father too shall also be heirs and entitled to 1/5th share in each of the suit properties ..... is with respect to the right of the sole daughter to inherit the self-acquired property of her father, in the absence of any other legal heir having inheritable rights before the commencement of the hindu succession act, 1956 or in other words, whether such suit property will devolve on to the daughter upon the death of her father intestate by inheritance or shall devolve on to father s brother s son by survivorship.19. ..... in the present case the since the succession of the suit properties opened in 1967 upon death of kupayee ammal, the 1956 act shall apply and thereby ramasamy gounder s daughters being class-i heirs of their father too shall be heirs and entitled to 1/5th share each in the suit .....
Tag this Judgment!Court : Supreme Court of India
..... compensation has not been paid the said proceedings shall be deemed to have lapsed and the appropriate government, if it so chooses, shall initiate the proceedings of such land acquisition afresh in accordance with the provisions of this act: provided that where an award has been made and compensation in respect of a majority of and holdings has not been deposited in the account of the beneficiaries, then, all beneficiaries specified in the notification for acquisition ..... hand, it will be clear that the provisions relating to acquisition like passing of an award, payment of compensation and the legal remedies available under the central act would have to be applied to the acquisitions under the state act but the bar contained in sections 6 and 11-a of the central act cannot be made an integral part of the state act as the state act itself has provided specific time-frames under its various provisions as well as consequences of default thereto. ..... will not apply in the following cases: (a) where the subsequent act and the previous act are supplemental to each other; (b) where the two acts are in pari materia; 3 2017 (3) scc3134 2011 (3) scc111 (c) where the amendment in the previous act, if not imported into the subsequent act also, would render the subsequent act wholly unworkable and ineffectual; and (d) where the amendment of the previous act, either expressly or by necessary intendment, applies the said provisions ..... with its population (as per last census) is a metropolitan city. .....
Tag this Judgment!Court : Supreme Court of India
..... thus, merely filing a suit three years after the agreement does not prove the readiness and willingness of the respondent; (viii) the jurisdiction of courts under section 20 of the specific relief act is discretionary and should not be exercised in the present case as the appellants would be dispossessed of the suit property for a meagre sum that was arrived at thirty years ago; (ix) clearing ..... even in the absence of specific plea by the opposite party, it is the mandate of the statute that the plaintiff has to comply with section 16(c) of the specific relief act and when there is non-compliance with this statutory mandate, the court is not bound to grant specific performance and is left with no other alternative but to dismiss the suit. ..... core of the dispute arising from the suit seeking the relief of specific performance under the specific relief act is whether the respondent-plaintiff has performed or has always been ready and willing to perform his obligations ..... who has become incapable of performing, or violates any essential term of, the contract that on his part remains to be performed, or acts in fraud of the contract, or wilfully acts at variance with, or in subversion of, the relation intended to be established by the contract; or (c) [who fails to prove] ..... the parameters for the exercise of discretion vested by section 20 of the specific relief act, 1963 cannot be entrapped within any precise expression of language and the contours thereof will always depend on the facts .....
Tag this Judgment!Court : Supreme Court of India
..... contained in the duplicate copy of the suspension order dated 5.11.94, ii) the narration made against your name in the attendance register through application of white fluid, you tampered with the records of the branch and thus acted in a manner prejudicial to the interest of the bank which is a gross misconduct under para 19.5(j) of the bipartite settlement dated 19.10.66.4. ..... charge no.3: by refusing to include the outward clearing cheques for rs.2,21,161.47 for the day s clearing on 28.9.94, you caused inconvenience and hardship to the bank s customers concerned and thus acted in a manner prejudicial to the interests of the bank, which is a gross misconduct under para 19.5(j) of the bipartite settlement dated 19.10.66. ..... the respondent was placed under suspension on 5.11.1994 by the bank for committing acts of grave misconduct at the gorakhpur branch and he was issued a chargesheet dated 22.3.1995 ..... is to be noted that under sections 45 and 47 of the evidence act, the court has to take a view on the opinion of others, whereas under section 73 of the said act, the court by its own comparison of writings can form its opinion. ..... meera srivastava by forging the signature of the latter which is an act prejudicial to the interests of the bank and a gross misconduct under para 19.5(j) of the bipartite settlement dated ..... , despite the specific instructions given by them, which is an act of wilful insubordination and is a gross misconduct under para 19.5(e) of the bipartite settlement dated .....
Tag this Judgment!Court : Supreme Court of India
..... took note of the stand of the cci, which found no 1 (1999) 9 scc700 2 (2006) 5 scc603 3 (2009) 12 scc209 15 contravention of section 4 of the competition act by the state of mizoram and, thus, there was no question of any further proceedings being allowed by the cci against the state of mizoram.20. ..... by the competition commission of india (for short appellant/cci ) from respondent no.4 seeking investigation under the competition act, 2002 (hereinafter referred to as the 1 competition act ) in respect of state lottery run by the state of mizoram (respondent no.1) has given rise to the present ..... bharti airtel4, which examined the contours of the telecom regulatory authority of india act, 1997 (hereinafter referred to as the trai act ) and the competition act in the context of the exercise of power by the telecom regulatory authority of india (for short ..... pursuance of the complaint received from respondent no.4, the cci exercised its powers under section 26(1) of the competition act, as it found prima facie evidence of cartelisation and bid rigging by the bidders and gave three reasons for ..... the cci found out a prima facie case for investigation by the dg under section 3(1) of the competition act, the dg opined adversely, and the cci issued notice giving an opportunity to the affected parties to place ..... urged that notwithstanding the fact that lotteries are a regulated commodity under the regulation act, the cci would continue to have jurisdiction over the competition law aspect of such .....
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