Court : Supreme Court of India
Decided on : Mar-11-2015
..... industries ltd. and others vs.union of india and others, (1997) 5 scc536 a nine-judge bench of this court while considering the excise act and customs act held that the jurisdiction of the high court under article 226 and this court under article 32 though cannot be circumscribed by the provisions of the ..... that while [pic].exercising the power under article 226/article 32, the court would certainly take note of the legislative intent manifested in the provisions of the act and would exercise their jurisdiction consistent with the provisions of the enactment."15. in the judgments relied upon by shri vaidyanathan, which, by and large, reiterate ..... the tribunal in relation to service matters as follows: "section 14. jurisdiction, powers and authority in service matters.- (1) save as otherwise expressly provided in this act, the tribunal shall exercise, on and from the appointed day, all the jurisdiction, powers and authority, exercisable immediately before that day by all courts (except the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-16-2015
..... stage power of arrest is exercised by police, it will be contradiction in terms. as regards denial of opportunity to record confession under section 27 of the evidence act, it has to be kept in mind that admissibility of such confession cannot guide exercise of power of arrest. source of power of arrest is governed by ..... reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of his having been so concerned. obviously, he is not expected to act in a mechanical manner and in all cases to arrest the [pic].accused as soon as the report is lodged. in appropriate cases, after some investigation, the investigating ..... documents being in custody of the accused could not be otherwise produced except on arrest in the course of investigation and in accordance with section 27 of the evidence act. option of proceeding under section 202, as against section 156(3), has to be exercised only when evidence has already been collected and what remained to be .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-24-2015
..... infirm in any manner. section 79 and the information technology (intermediary guidelines) rules, 2011.112. section 79 belongs to chapter xii of the act in which intermediaries are exempt from liability if they fulfill the conditions of the section. section 79 states:"9. exemption from liability of intermediary in ..... advocates or teaches the duty, necessity or proprietary of violence as a means of accomplishing political, social or religious reform and/or justifies commissioning of violent acts with an intent to exemplify glorify such violent means to accomplish political, social, economical or religious reforms [whitney vs. california 274 us357; (vi) information ..... not a justification for denying free speech where the advocacy falls short of incitement and there is nothing to indicate that the advocacy would be immediately acted on. the wide difference between advocacy and incitement, between preparation and attempt, between assembling and conspiracy, must be borne in mind. in order .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-09-2015
..... we hold that the second respondent has the right to register a cognizable offence against any person under the provisions of the ipc, crpc and the p.c. act. the same shall be legal and valid. the appeal is dismissed. the order dated 05.01.2015 granting stay of further proceedings shall stand vacated. ..................................................................j ..... but the same was registered suo-moto at the police station attached to the lokayukta and therefore, the procedure provided under the provisions of the lokayukta act was not required to be followed as contended by the learned senior counsel on behalf of the appellant. the learned senior counsel on behalf of ..... for not making the complaint within the period specified in those clauses. (3) in the case of any complaint involving a grievance, nothing in this act shall be construed as empowering the lokayukta or an upalokayukta to question any administrative action involving the exercise of a discretion except where he is satisfied .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-23-2015
..... right which is dependent upon adjudication or determination of questions of law as well as question of fact without taking any resort to the provisions of the act, it is not permissible to move this court on the theoretical basis that there is breach of the fundamental right. whenever a person complains and claims ..... of facts and the provision of a particular statute for which elaborate procedure is prescribed, it cannot conceivably be contended that enforcing of those provisions of the act would breach fundamental right which entitle a citizen to seek recourse to article 32 of the constitution. we are, therefore, clearly of the opinion that relief ..... determined by the procedure envisaged and enjoined by the law for that determination. the petitioner without seeking to take any relief within the procedure envisaged under the act had moved this court for breach of fundamental right. this is not permissible and should never be entertained. in a matter of this nature where liability of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-16-2015
..... . as already mentioned, the working of the judiciary has affected the executive and legislature on several occasions, including (by way of illustration) privy purses case[792]., bank nationalisation case[793]., freedom of press case[794]., kesavananda bharati case (supra), indira gandhi case (supra), minerva mills case (supra), l. chandrakumar case (supra), m. nagaraj ..... an institution leaves such motions, even though they be addressed to it, to the decision of the individual justices to whom they refer, see jewell ridge coal corp. v. mine workers, 325 u.s. 897 (1945) (denial of petition for rehearing) (jackson, j., concurring), i shall treat the motion as addressed to me ..... way of additional propositions, inter alia submitted as follows: 3 looking at the scheme of the 99th amendment and the national judicial commission appointments act, 2014 (njac act), the scheme evolved provides for the constitution of a 6 member commission and under article 124-c, for the procedure to be provided under a .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-19-2015
..... case, evidence collected and other incidental facts before according sanction. a grant of sanction is not an idle formality but a solemn and sacrosanct act which removes the umbrella of protection of government servants against frivolous prosecutions and the aforesaid requirements must therefore, be strictly complied with before any ..... also quoted with approval, especially the categorisation of situations in three scenarios, as under: a) decision which held that sanction was necessary when the act complained of attached to the official character of the person doing it; b) judgments which held that sanction was necessary in all cases in which ..... judgment which are briefly stated hereunder: the indian council of medical research (hereinafter referred to as icmr ), a registered society under the societies registration act, 1860 is a premier research institute dealing with the formulation, coordination and promotion of bio-medical research. its functional object is to initiate, aid develop .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-01-2015
..... the pursuit for recognition that had commenced in the year 2003, on an application filed by the appellant before the industrial court under section 11 of the act, has witnessed a prolonged adjudication, however, leaving the issue unresolved. though the appellant union tasted success before the industrial court, the fortune reversed before the ..... the application, the applicant union had instigated, aided or assisted the commencement or continuation of a strike which is deemed to be illegal under the act.41. whereas section 13 delineates the eventualities and the procedure for cancellation of recognition and suspension of rights of a union, section 14 predicates the ..... , upheld the same and interfered with the order of the industrial court.49. this court on a exhaustive survey of the relevant provisions of the act and emphatically underlining the avowed role of a recognized union contemplated thereby, in the interest of stability of industrial relations and peace through collective bargaining, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-02-2015
..... of the offences punishable under section 3(3), 3(4) and 5 of the tada. their conviction under various central laws like explosive substances act, passport act, foreigners act and wireless telegraphy act were all for lesser terms which sentences, as on the date, stand undergone. consequently, there is no reason or occasion to seek any ..... station was immediately registered. on 22.05.1991 a notification was issued by the governor of tamil nadu under section 6 of delhi special police establishment act (act no.25 of 1946) according consent to the extension of the powers and jurisdiction of the members of the delhi police establishment to the whole of ..... section 435 code of criminal procedure learned solicitor general in his submissions contended that since the punishments imposed on the respondents under the various central acts such as foreigners act, passport act, etc., have all been completed by the respondents, the requirement of section 435(2) does not arise and, therefore, there will be .....
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