Array ( [0] => ..... (e) of the coal mines provident fund and bonus schemes act, 1948, where that expression was defined to mean the owner of a coal mine as defined in clause (g) of section 3 of the indian mines act, 1923 . the indian 31 mines act, 1923, had been repealed and substituted by the mines act, 1952 (act 35 of 1952). in the latter act the word owner had ..... business whereof is being carried on by a liquidator or receiver, such liquidator or receiver . the expression coal mine is separately defined in clause (b) of section 2 of the coal mines provident fund and bonus schemes act, 1948. ramaswami, j.speaking for the court observed at p. 261: as a matter of construction it must be held that all ..... (1) of section 2. the question was whether by virtue of section 8 of the general clauses act, the definition of the word employer in clause (e) of section 2 of the coal mines provident fund and bonus schemes act should be construed with reference to the definition of the word, owner in clause (1) of section ..... [1] => ..... makes the offence of corruption applicable to all. this led to a sequence of events which ultimately culminated in the enactment of the bribery act 2010. the act covers instances where members of parliament engage in corruption.138. while efforts were being made by lawmakers, the courts in uk continued answering questions ..... as follows: these numerous modern authorities clearly establish that the old common law prohibition against bribery has been long since extended beyond mere judicial officers acting under oaths of office, to all persons whatever holding offices of public trust and confidence; and it seems impossible to understand why members of our ..... of the united states supreme court on a question of constitutional importance, frankfurter, j pithily observed: judicial exegesis is unavoidable with reference to an act like our constitution, drawn in many particulars with purposed vagueness so as to leave room for the unfolding future. but the ultimate touchstone of constitutionality ..... [2] => ..... being separate and distinct from the underlying commercial contract, would not be rendered invalid, unenforceable, or non-existent. the court held that 1 arbitration act 2 stamp act 3 contract act 4 (2021) 4 scc3795 part a the non-payment of stamp-duty would not invalidate even the underlying contract because it is a curable defect. ..... held that the issue of limitation concerns the jurisdiction of the tribunal which tries the proceedings.124. in uttarakhand purv sainik kalyan nigam ltd v. northern coal field,125 the issue before this court was whether a referral court at the stage of appointment of arbitrators would be required to decide the issue of ..... of the arbitral tribunals to decide on issues pertaining to the existence and validity of an arbitration agreement. i. harmonious construction of the arbitration act, the stamp act, and the contract act 159. one of the cardinal principles of the interpretation of statutes is to discover and give effect to the legislative intention. if a ..... [3] => ..... in the union list and the concurrent list were made applicable as a result of co70 in the union list, entry 55 (regulation of labour and safety in mines and oilfields) and entry 60 (sanctioning of cinematograph films for exhibition) were made applicable. in the concurrent list, entry 1 was substituted so as to read: ..... 5.8.2019. iv. declaration under article 370(3) of the constitution numbered co no.273 dated 6.8.2019. v. the jammu and kashmir reorganisation act, 2019 (act no.34 of 2019) which received the assent of the president on 9.8.2019.44. the oral submissions were elaborate, relying on voluminous documents, reports, views ..... the concurrent list. these matters were : a. trade and commerce within a state in and the production, supply and distribution of identified commodities including foodstuffs, cattle fodder, coal, iron, steel and mica, raw cotton, cotton seed, paper, and cotton and woollen textiles; and b. offences dealing with the above matters and the jurisdiction and powers ..... [4] => ..... magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such magistrate considers that such direction is likely to prevent, or tends ..... to discharge the accused. (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 ..... [5] => ..... created by a statute, even if its order is, expressly or by necessary implication, made final, if the said tribunal abuses its power or does not act under the act but in violation of its provisions.29. applying the principles laid down in dhulabai (supra) and firm seth radha krishnan(supra) to the facts of the ..... tribunal created by a statute, even if its order is, expressly or by necessary implication, made final, if the said tribunal abuses its power or does not act under the act but in violation of its provisions. (emphasis supplied) 41. the decisions of this court in dhulabhai (supra) and firm seth radha kishan (supra) reiterate the ..... even though the name of original khatedaar was reflected in the revenue records?. b) whether civil court has jurisdiction to grant injunction as section 207 of the tenancy act,1955 bars jurisdiction of civil court in respect of agricultural land?. c) whether plaintiff s suit for injunction is maintainable without seeking declaration in a civil court?. ..... [6] => ..... be read in a gender-neutral 143 part d manner. in fourie (supra), the common law definition of marriage and section 30(1) of the marriage act (act 25 of 1961)172 were challenged. the common law definition of marriage in south africa is that it is a union of one man with one woman, ..... to marry?. ............................................................................ 26 d. right to union , or abiding relationship ........................................................................... 29 iv. positive obligations in furtherance of fundamental rights ......................................... 31 v. inapplicability of the special marriage act ............................................................... 40 a. challenge to the sma on the ground of impermissible classification ................................. 40 3 b. interpretation of provisions of sma ................................................................................. 48 vi. discriminatory impact on queer couples ..... [7] => ..... . next, our attention was drawn by mr. taneja to the letters of complaint issued by aggarwal before the various public authorities. it was contended that while acting on behalf of the appellant and also under its instructions, aggarwal had made reckless and frivolous allegations against the complainant amounting to defamation and, in the process, ..... attention?. did the author of the article satisfy himself that there were reasonable grounds to believe that the imputations made by him were true?. did he act with reasonable care and a sense of responsibility and propriety?. was the article based entirely on the report of the deputy secretary or was there any other ..... may point out that since the object of an enquiry under section 202 is to ascertain whether the allegations made in the complaint are intrinsically true, the magistrate acting under section 203 has to satisfy himself that there is sufficient ground for proceeding. in order to come to this conclusion, he is entitled to consider the ..... [8] => ..... by placing material before the court sufficient to make it consider the existence of the said circumstances so probable that a prudent man would act upon them. the accused has to satisfy the standard of a "prudent man". if the material placed before the court. such as, oral and documentary evidence, ..... before it, it believes that said circumstances existed or their existence was so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that they did exist. to put it in other words, the accused will have to rebut the presumption that such circumstances did not exist, ..... circumstances bringing the case within the said exception lies on the accused; and the court shall presume the absence of such circumstances. under section 105 of the evidence act, read with the definition of "shall presume" in section 4 thereof, the court shall regard the absence of such circumstances as proved unless, after considering the ..... [9] => ..... . ...respondent(s) judgment s. ravindra bhat, j.1. the enactment and bringing into force of the protection of children from sexual offences act, 2012 (hereafter act or pocso act ) was not merely in furtherance of this country s commitment to international instruments, but its resolve to and attempt at creating a world as ..... , special educator, expert, support person or person familiar with the manner of communication of the child engaged to provide services for the purposes of the act shall be unbiased and impartial and shall disclose any real or perceived conflict of interest and shall render a complete and accurate interpretation or translation without any ..... monitor the appointment of the special public prosecutors by the state governments; (c) monitor the formulation of the guidelines described in section 39 of the act by the state governments, for the use of non-governmental organisations, professionals and experts or persons having knowledge of psychology, social work, physical health, ..... ) Coal Mines Nationalisation Act 1973 Chapter I Preliminary - Sortby Recent - Court Supreme Court of India - Page 2 - Judgments | SooperKanoon Skip to content


Judgment Search Results Home > Cases Phrase: coal mines nationalisation act 1973 chapter i preliminary Sorted by: recent Court: supreme court of india Page 2 of about 380 results (0.901 seconds)

Apr 19 2024 (SC)

Insolvency And Bankruptcy Board Of India Vs. Satyanarayan Bankatlal Ma ...

Court : Supreme Court of India

..... (e) of the coal mines provident fund and bonus schemes act, 1948, where that expression was defined to mean the owner of a coal mine as defined in clause (g) of section 3 of the indian mines act, 1923 . the indian 31 mines act, 1923, had been repealed and substituted by the mines act, 1952 (act 35 of 1952). in the latter act the word owner had ..... business whereof is being carried on by a liquidator or receiver, such liquidator or receiver . the expression coal mine is separately defined in clause (b) of section 2 of the coal mines provident fund and bonus schemes act, 1948. ramaswami, j.speaking for the court observed at p. 261: as a matter of construction it must be held that all ..... (1) of section 2. the question was whether by virtue of section 8 of the general clauses act, the definition of the word employer in clause (e) of section 2 of the coal mines provident fund and bonus schemes act should be construed with reference to the definition of the word, owner in clause (1) of section .....

Tag this Judgment!
Mar 04 2024 (SC)

Sita Soren Vs. Union Of India

Court : Supreme Court of India

..... makes the offence of corruption applicable to all. this led to a sequence of events which ultimately culminated in the enactment of the bribery act 2010. the act covers instances where members of parliament engage in corruption.138. while efforts were being made by lawmakers, the courts in uk continued answering questions ..... as follows: these numerous modern authorities clearly establish that the old common law prohibition against bribery has been long since extended beyond mere judicial officers acting under oaths of office, to all persons whatever holding offices of public trust and confidence; and it seems impossible to understand why members of our ..... of the united states supreme court on a question of constitutional importance, frankfurter, j pithily observed: judicial exegesis is unavoidable with reference to an act like our constitution, drawn in many particulars with purposed vagueness so as to leave room for the unfolding future. but the ultimate touchstone of constitutionality .....

Tag this Judgment!
Dec 13 2023 (SC)

In Re Interplay Between Arbitration Agreements Under The Arbitration A ...

Court : Supreme Court of India

..... being separate and distinct from the underlying commercial contract, would not be rendered invalid, unenforceable, or non-existent. the court held that 1 arbitration act 2 stamp act 3 contract act 4 (2021) 4 scc3795 part a the non-payment of stamp-duty would not invalidate even the underlying contract because it is a curable defect. ..... held that the issue of limitation concerns the jurisdiction of the tribunal which tries the proceedings.124. in uttarakhand purv sainik kalyan nigam ltd v. northern coal field,125 the issue before this court was whether a referral court at the stage of appointment of arbitrators would be required to decide the issue of ..... of the arbitral tribunals to decide on issues pertaining to the existence and validity of an arbitration agreement. i. harmonious construction of the arbitration act, the stamp act, and the contract act 159. one of the cardinal principles of the interpretation of statutes is to discover and give effect to the legislative intention. if a .....

Tag this Judgment!
Dec 11 2023 (SC)

In Re Article 370 Of The Constitution

Court : Supreme Court of India

..... in the union list and the concurrent list were made applicable as a result of co70 in the union list, entry 55 (regulation of labour and safety in mines and oilfields) and entry 60 (sanctioning of cinematograph films for exhibition) were made applicable. in the concurrent list, entry 1 was substituted so as to read: ..... 5.8.2019. iv. declaration under article 370(3) of the constitution numbered co no.273 dated 6.8.2019. v. the jammu and kashmir reorganisation act, 2019 (act no.34 of 2019) which received the assent of the president on 9.8.2019.44. the oral submissions were elaborate, relying on voluminous documents, reports, views ..... the concurrent list. these matters were : a. trade and commerce within a state in and the production, supply and distribution of identified commodities including foodstuffs, cattle fodder, coal, iron, steel and mica, raw cotton, cotton seed, paper, and cotton and woollen textiles; and b. offences dealing with the above matters and the jurisdiction and powers .....

Tag this Judgment!
Nov 28 2023 (SC)

Vishnu Kumar Shukla Vs. The State Of Uttar Pradesh

Court : Supreme Court of India

..... magistrate may, by a written order stating the material facts of the case and served in the manner provided by section 134, direct any person to abstain from a certain act or to take certain order with respect to certain property in his possession or under his management, if such magistrate considers that such direction is likely to prevent, or tends ..... to discharge the accused. (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 .....

Tag this Judgment!
Oct 19 2023 (SC)

Urban Improvement Trust Bikaner Vs. Gordhan Dass(d) Through Lrs.

Court : Supreme Court of India

..... created by a statute, even if its order is, expressly or by necessary implication, made final, if the said tribunal abuses its power or does not act under the act but in violation of its provisions.29. applying the principles laid down in dhulabai (supra) and firm seth radha krishnan(supra) to the facts of the ..... tribunal created by a statute, even if its order is, expressly or by necessary implication, made final, if the said tribunal abuses its power or does not act under the act but in violation of its provisions. (emphasis supplied) 41. the decisions of this court in dhulabhai (supra) and firm seth radha kishan (supra) reiterate the ..... even though the name of original khatedaar was reflected in the revenue records?. b) whether civil court has jurisdiction to grant injunction as section 207 of the tenancy act,1955 bars jurisdiction of civil court in respect of agricultural land?. c) whether plaintiff s suit for injunction is maintainable without seeking declaration in a civil court?. .....

Tag this Judgment!
Oct 17 2023 (SC)

Supriyo @ Supriya Chakraborty Vs. Union Of India

Court : Supreme Court of India

..... be read in a gender-neutral 143 part d manner. in fourie (supra), the common law definition of marriage and section 30(1) of the marriage act (act 25 of 1961)172 were challenged. the common law definition of marriage in south africa is that it is a union of one man with one woman, ..... to marry?. ............................................................................ 26 d. right to union , or abiding relationship ........................................................................... 29 iv. positive obligations in furtherance of fundamental rights ......................................... 31 v. inapplicability of the special marriage act ............................................................... 40 a. challenge to the sma on the ground of impermissible classification ................................. 40 3 b. interpretation of provisions of sma ................................................................................. 48 vi. discriminatory impact on queer couples .....

Tag this Judgment!
Oct 05 2023 (SC)

M/s Iveco Magirus Brandschutztechnik Gmbh Vs. Nirmal Kishore Bhartiya

Court : Supreme Court of India

..... . next, our attention was drawn by mr. taneja to the letters of complaint issued by aggarwal before the various public authorities. it was contended that while acting on behalf of the appellant and also under its instructions, aggarwal had made reckless and frivolous allegations against the complainant amounting to defamation and, in the process, ..... attention?. did the author of the article satisfy himself that there were reasonable grounds to believe that the imputations made by him were true?. did he act with reasonable care and a sense of responsibility and propriety?. was the article based entirely on the report of the deputy secretary or was there any other ..... may point out that since the object of an enquiry under section 202 is to ascertain whether the allegations made in the complaint are intrinsically true, the magistrate acting under section 203 has to satisfy himself that there is sufficient ground for proceeding. in order to come to this conclusion, he is entitled to consider the .....

Tag this Judgment!
Sep 13 2023 (SC)

Rupesh Manger (thapa) Vs. The State Of Sikkim

Court : Supreme Court of India

..... by placing material before the court sufficient to make it consider the existence of the said circumstances so probable that a prudent man would act upon them. the accused has to satisfy the standard of a "prudent man". if the material placed before the court. such as, oral and documentary evidence, ..... before it, it believes that said circumstances existed or their existence was so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that they did exist. to put it in other words, the accused will have to rebut the presumption that such circumstances did not exist, ..... circumstances bringing the case within the said exception lies on the accused; and the court shall presume the absence of such circumstances. under section 105 of the evidence act, read with the definition of "shall presume" in section 4 thereof, the court shall regard the absence of such circumstances as proved unless, after considering the .....

Tag this Judgment!
Aug 18 2023 (SC)

We The Women Of India Vs. Union Of India

Court : Supreme Court of India

..... . ...respondent(s) judgment s. ravindra bhat, j.1. the enactment and bringing into force of the protection of children from sexual offences act, 2012 (hereafter act or pocso act ) was not merely in furtherance of this country s commitment to international instruments, but its resolve to and attempt at creating a world as ..... , special educator, expert, support person or person familiar with the manner of communication of the child engaged to provide services for the purposes of the act shall be unbiased and impartial and shall disclose any real or perceived conflict of interest and shall render a complete and accurate interpretation or translation without any ..... monitor the appointment of the special public prosecutors by the state governments; (c) monitor the formulation of the guidelines described in section 39 of the act by the state governments, for the use of non-governmental organisations, professionals and experts or persons having knowledge of psychology, social work, physical health, .....

Tag this Judgment!




Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //