Court : Supreme Court of India
Reported in : 2007(1)CTLJ1(SC); JT2007(1)SC125; 2006(13)SCALE102; (2007)2SCC640; 2007(2)KCCRSN91
..... in the constitution to indicate the necessity for ensuring equitable distribution of resources.48. in state of karnataka and anr. v. shri ranganatha reddy and anr. : [1978]1scr641 , this court analyzed the constitutional provisions contained in article 39(b) of the constitution, stating:.the key word is 'distribute' and the genius of the ..... linked consumers and were allowed to draw coal from subsidiary companies thereof based on the past trend and treated at par with newly linked consumers in post 1978 period. however, conditions of linkages were made equally applicable to them. in 1982, non-core linkage committee was constituted by coal india ltd. as ..... were acting at the behest of the central government and not entirely on their own. in hindustan petroleum corporation ltd. v. darius shapur chenai and ors. : air2005sc3520 , this court noticed with approval the decisions in commr. of police v. gordhandas bhanji : [1952]1scr135 and mohinder singh gill v. chief election commnr. : [1978]2scr272 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC1559; 2004(5)ALLMR(SC)339; (SCSuppl)2004(3)CHN30; 109(2004)DLT17(SC); 2004(73)DRJ720; JT2004(2)SC1; 2004(1)SCALE677; (2004)2SCC510; 2004(2)LC955(SC)
..... by our civilisation would have been impossible without freedom of speech and expression. at any rate, political democracy is based on the assumption that such freedom must be jealously guarded. voltaire expressed a democrat's faith when he told an adversary in argument : 'i do not agree with a word you say, but i will defend to ..... a passport was also held to be a part of personal liberty under article 21 of the constitution of india. [see: maneka gandhi v. union of india, : [1978]2scr621 ]. disturbance to ecological balance has been held to be hazardous to life within the meaning of article 21 of the constitution of india [see m.c. mehta v. ..... no restriction on the display of the national flag by members of general public, private organizations, educational institutions etc. except to the extent provided in the 1950 act and 1971 act and any other law enacted on the subject. having regard to the aforementioned statutes, as regards flying of the national flag, regulations which are 13 in number .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC87; (2002)8SCC237
..... . ifthere is no free and fair periodic election, it is end of democracy and the same wasrecognized in m.s. gill v. chief election commissioner - (1978) 1 scc 464thus:'a free and fair election based on universal adult franchise isthe basic, the regulatory procedures vis-a-vis the repositories offunctions and the distribution of ..... only as to any questionwhich has arisen but also as to a question which is likely to arise in future.5. in re: special court bill, 1978 (supra), it was held that it was not necessarythat the question on which the opinion of the supreme court is sought must havearisen actually. it is ..... election under some pretext or theother. so, the question posed was: 'quis custodiet apses custodes' - whowill guard the guards themselves?107. the election commission is vested with the power to decide the electionschedule. it can act only in accordance with the constitutional provisions. theelection process for electing the new legislative assembly should startimmediately on the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC68; (1977)4SCC608; [1978]2SCR1
..... .293. strong reliance was placed by the union government on a recent decision of the supreme court in state of rajasthan and ors. v. union of india : [1978]1scr1 . the states of rajasthan, madhya pradesh, punjab, bihar, himachal pradesh and orissa filed suits under article 131 of the constitution against the union of india challenging ..... inquire into the said allegations; now therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the commissions of inquiry act, 1952 (central act 60 of 1952) the government of karnataka hereby appoint justice shri mir iqbal hussain, retired judge of the karnataka high court to be the commission of inquiry ..... inquire into the said allegations :now, therefore, in exercise of the powers conferred by sub-section (1) of section 3 of the commissions of inquiry act, 1952 (central act 60 of 1952) the government of karnataka hereby appoint justice shri mir iqbal hussain, retired judge of the karnataka high court to be the commission of inquiry .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2008)216CTR(SC)303; 2008(226)ELT22(SC); [2008]300ITR403(SC); JT2008(6)SC83; 2008(6)SCALE733; 2008AIRSCW3665
..... j.n. sinha and ors. : (1970)iillj284sc )17. in mohinder singh gill and anr. v. the chief election commissioner, new delhi and ors. : [1978]2scr272 , explaining as to what is meant by expression 'civil consequence', krishna iyer, j., speaking for the majority said:'civil consequences' undoubtedly cover infraction of not merely ..... the distinction between quasi judicial and administrative function. moreover, with the growth of the administrative law, the old distinction between a judicial act and an administrative act has withered away. therefore, it hardly needs reiteration that even a purely administrative order which entails civil consequences, must be consistent with ..... the rules of natural justice. (also see: mrs. maneka gandhi v. union of india and anr. : [1978]2scr621 and s.l. kapoor v. jagmohan and ors. : [ .....
Tag this Judgment!Court : Delhi
Reported in : 16(1979)DLT266; ILR1979Delhi601; 1979RLR497
..... maintaining trees on roadsides and other public places; (j) providing or arranging for a sufficient supply of pure and wholesome water, where such supply does not exist, guarding from pollution water used for human cosumption, and preventing polluted water from being so used ; (k) registering births and deaths ; (m) establishing and maintaining or ..... the troops.'. the land of the petitioner was claimed by the custodian of evacuee property under the provisions of the administration of evacuee act property act/displaced persons (compensation) act. the petitioner thereupon entered into a litigation which lasted for about 15 years and ultimately in 1972 got the land released from the ..... section 4 of the nature of development for which the area was being requisitioned.referring to the decision in arnold bodricks' case air 1966 s.c. 1978, the court observed : 'thepoints which arose for determination in that case were entirely different. at any rate the public purpose was stated with sufficient .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)
..... man-made and the natural environment. therefore, there is a constitutional imperative on the state government and the municipalities, not injure to ensure and safe-guard proper environment but also an imperative duty to take adequate measures to promote, protect and improve both the man-made and the natural environment.'(emphasis supplied) ..... its ambit, the protection and preservation of environment, ecological balance free from pollution of air and water, sanitation without which life cannot be enjoyed. any contra acts or actions would cause environmental pollution. environmental ecological, air, water, pollution etc. should be regarded as amounting to violation of article 21. therefore, hygienic environment ..... of the section, the meaning that on the face of it they bear'.(ii) : [1978]113itr655(sc) - mangalore electric supply co. v. cit (paragraphs 10 and 11).in this case, section 12b of income tax act, 1922 had been amended and an exception carved out by the proviso in favour of transfer .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(2)ALT611
..... kanshi ra v. lachhman : [2001]3scr803 the law granting relief to the debtors protecting their property was upheld. also see pathumma v. state of kerala : [1978]2scr537 , fatehchand himmatlal v. state of maharashtra : [1977]2scr828 and ramdhandas v. state of punjab : (1961)iillj102sc . it is well known that in ..... any authority or function in an arbitrary fashion. the following illustrate the duties and functions of public nature and public character contemplated by the security act, securitisation companies and reconstruction companies:(i) efficient and focused recovery of public monies to reduce non-performing assets of publicly held banks and financial ..... in an arbitrary and unreasonable or opaque manner. further, the duties, functions and responsibilities of public nature and public character contemplated by the act for securitisation companies and reconstruction companies had been enumerated as hereunder:a) efficient and focused recovery of public monies to reduce non-performing assets .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2009(7)SC601; 2009(8)SCALE351; (2009)7SCC104
..... clearly held that same process must be followed.100. fazal ali, j. in his concurrent judgment noticed union of india v. sankalchand himatlal sheth 0065/1977 : [1978]1scr423 wherein it was opined that for purposeful consideration of a matter, the president while consulting the chief justice must make the relevant data available to him, stating:.if ..... of judges in terms of article 217 of the constitution of india would be the same as laid down in state of gujarat v. sankalchand khodidas patel : [1978]2scr178 and other cases, stating:the word `consult' implies a conference of two or more persons or an impact of two or more minds in respect of ..... shri n. kannadasan (the appellant) as the president of the state consumer disputes redressal commission (`the commission') in terms of section 16 of the consumers protection act, 1986 (`the act') is the question involved herein.background facts:2. the said question arises in the following factual matrix.3. the appellant was an advocate practicing in the .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1978Kant148; ILR1978KAR605; 1978(1)KarLJ302
..... compulsory amalgamation and division contained in the various state enactments and expressed their view as follows at pages 68 and 69. '(c) compulsory division andamalgamation. acts: the state acts contain provisions clothing the registrar with power to direct the amalgamation of societies or the division of an existing society. the relevant sections are as follows ..... of competence whether directly or indirectly.' the above principle has been reiterated by krishna iyer, j., in r.s. joshi v. ajit mills ltd., : [1978]1scr338 -'...... it is very important to noticethat if the legislature is competent to pass the particular law, the motives which impel it to pass the law are really ..... held to extend to all ancillary and subsidiary matters which can fairly and reasonably be said to be comprehended.' r.s. joshi v. ajit mills ltd., : [1978]1scr338 . 10. the principles being thus explained, let us turn to the co-operative movement in our country. long before the constitution came into force, the .....
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