Court : Supreme Court of India
..... of wildlife; harmonising the needs of tribals and forest dwellers with wildlife conservation; and any other matter referred to it by the state governments.41 the central government must constitute the central zoo authority that regulates the functioning of zoos by laying down minimum standards, recognition and derecognition, maintaining records, coordinating personnel training, and providing assistance.42 the central government must also constitute the national tiger ..... , the central government by notification under section 3(3) constituted the national coastal zone management authority,54 state coastal zone management authorities,55 and union territory coastal zone management authorities56 in coastal states and union territories. ..... which was a writ petition regarding prawn farming in ecologically fragile coastal areas, this court directed the central government to constitute an authority under the environment (protection) act, 1986 and confer it with powers to protect ecologically fragile coastal areas, seashores, waterfronts, and other coastal areas. ..... bearing on the protection of the environment, forests, wildlife, sustainable development, and public health, eventually affecting fundamental human rights to a clean environment that are intrinsically tied to right to life.33 accountability of the authorities impressed with the duty to enforce and implement environmental and other ecological laws is an important feature of judicial governance. ..... the disaster management act, 2005. .....
Tag this Judgment!Court : Supreme Court of India
..... mehta cited provisions of the right to information act, 2005, the indian easements act, 1882, the indian penal code, 1860, the indian telegraph act, 1885, the bankers books evidence act, 1891, the credit information companies (regulation) act, 2005, the public financial institutions (obligation as to fidelity and secrecy) act, 1983, the payment and settlement systems act, 2007, the income 64 tax act, 1961, the aadhaar (targeted delivery of ..... financial and other subsidies, benefits and services) act, 2016, the census act, 1948, the collection of statistics act, 2008, the ..... distributors ltd276 (2001), the court was concerned with the constitutionality of the provisions of the national prosecuting authority act that authorised the issuing of warrants of search and seizure for purposes of a preparatory investigation . ..... control were declared to be public authorities within the meaning of section 2(h) of the right to information act, 2005. ..... one, where the impugned communication dated 9- 11-2005 is full of gross mistakes, the service provider while immediately acting upon the same, should simultaneously verify the authenticity of the same from the author of the document. .....
Tag this Judgment!Court : Supreme Court of India
..... promoter may make such minor additions or alterations as may be required by the owner or owners, or such minor changes or alterations as may be necessary due to architectural and structural reason's duly recommended and verified by authorized architect or engineer after proper declaration and intimation to the owner: provided that the promoter shall not make any alterations in the plans, specifications and other particulars without the previous consent of the intending ..... 35 the appellant filed a counter affidavit on 27 january 2013 submitting that: (i) the first respondent is not recognised by the appellant under the up apartments act 2010; (ii) the first respondent should have first approached the chief executive officer of noida, who is the competent authority under the up apartments act 2010, and then the state government, before approaching the high court under the writ jurisdiction; (iii) construction of t-16 and t-17 was approved on 26 november 2009, ..... with noida, obtained sanctions for the layout map in violation of the mandatory requirement for space to be maintained between building blocks and clear space; 19 (viii) the provisions of the up fire prevention and fire safety act 2005 were required to be complied with, according to which the minimum distance of 7.5 mtrs. ..... of kerala , kerala state coastal zone management authority v. ..... part f154these concerns have been reiterated in the more recent decisions of this 35 court in kerala state coastal zone management authority v. .....
Tag this Judgment!Court : Supreme Court of India
..... to: part d (a) adopt and organisational security measures; implement appropriate technical and (b) ensure that the agencies, consultants, advisors or other persons appointed or engaged for performing any function of the authority under this act, have in place appropriate technical and organisational security measures the information; and for (c) ensure that the agreements or arrangements entered into with such agencies, consultants, advisors or other persons, impose ..... the right to information and the right to privacy is drawn under the right to information act 2005: if the information which is sought is personal and has no relationship with a public activity or interest, a public authority is not legally bound to provide such information ..... has a statutory entitlement to fully understand how the information which is disclosed is going to be used and with whom the 56 section 2(s) states: registrar means any entity authorised or recognised by the authority for the purpose of enrolling individuals under this act 57 regulation 7, aadhaar (enrolment and update) regulations, 2016 77 part d information is likely to be shared during authentication.58 access of the information supplied to the individual, it has been argued, ..... the case involved an evaluation of the andhra pradesh stamp act which authorized the collector to delegate any person to enter any premises in order to search for and 62 (2005) 1 scc496writ petition (civil) no.494 of 2012 & c onnected matters page 224 of 567 impound any .....
Tag this Judgment!Court : Supreme Court of India
..... a paramount reverence for the forms of the constitution, enforcing obedience to authority and acting under and within these forms, yet combined with the habit of open speech, of action subject only to definite legal control, and unrestrained censure of those very authorities as to all their public acts combined, too with a perfect confidence in the bosom of every citizen amidst the bitterness of party contest that the forms of constitution wall not be less sacred in the eyes ..... 6 , is recognized even by the protection of women from domestic 6 (2013) 15 scc75519 violence act, 2005 for various kinds of live-in relationships. ..... pillai and shabistan aquil, historical introduction to the indian penal code , in essays on the indian penal code, new delhi, indian law institute (2005); siyuan chen, codification, macaulay and the indian penal code [book review]. ..... state, case no.haa0085 of 2005, where a section similar to section 377 was held to be inconsistent with the constitutional right of privacy and invalid to the extent that the law criminalises acts constituting private consensual sexual conduct against the course of nature between ..... . 260 113 in 2005, the high court of fiji, in dhirendra nadan thomas ..... 21 (1973) 1 scc2022 (2005) 8 scc53423 (1973) 4 scc22541 ..... douglas, supra note 9, at page 21; introduction to because i have a voice: queer politics in india, (gautam bhan and arvind narrain eds), yoda press (2005) at pages 7, 8 ..... rights go beyond the mere freedom to 269 civil appeal no.317 of 2005 .....
Tag this Judgment!Court : Supreme Court of India
..... it is true that an individual minister could, in england, where the principle of individual and collective responsibility of ministers was evolved, be responsible either for wrongful acts done by him without the authority of the whole cabinet or of the monarch to support them, or under orders of the king who could, in the eye of law, do no wrong. ..... take for instance the right to information act, 2005. ..... union of india, (2015) 2 scc130 this court, in directing the respondents therein to provide ex gratia 104 monetary compensation to the families of the deceased who have succumbed to the pandemic of covid-19, in view of section 12 of the disaster management act, 2005, relied on article 21 of the constitution. ..... 7(1955) 1 scr6088(2011) 8 scc19(2012) 10 scc60310(2016) 7 scc22111(2005) 5 scc73312(2017) 4 scc39713 question no.2 (ii) there are some fundamental rights which are specifically granted against non state actors. ..... rajagopal case [(1994) 6 scc632 101(2005) 1 scc496130 wherein the learned judges have held that the right to personal liberty also means life free from encroachments unsustainable in law, and such right flowing from article 21 of the constitution.56. ..... 36 air1987sc108637 (2005) 6 scc65738 (2012) 6 scc139 frances kamm, morality, mortality vol.2, oxford university press, 1996 24 rights thereby act as restrictions on the government on how to pursue values, including constitutional values. .....
Tag this Judgment!Court : Supreme Court of India
..... for the reason that the appellant has produced the copies of the acrs which were obtained by him from the high court under the right to information act, 2005 and a comparison of these two would positively indicate that the high court has not faithfully extracted the contents of the acrs.36. ..... well settled that the formation of opinion for compulsory retirement is based on the subjective satisfaction of the authority concerned but such satisfaction must be based on a valid material. ..... having a blemish-free record of service as noticed above, the appellant was directed to be prematurely retired by order dated 26th april, 2005 on the basis of the recommendations made by the high powered review committee. ..... disputed that the passing of an order of compulsory retirement depends on the subjective satisfaction of the competent authority, of course on objective consideration. ..... assessment given by the reviewing authority is 'a very good officer ..... the reviewing authority has graded the appellant as a 'very ..... whereby the division bench confirmed the judgment and order passed by the learned single judge dismissing the writ petition(s) no.622 of 2005 by judgment and order dated 29th january, 2008, wherein the appellant had challenged the order passed by the respondent-state dated 26th april, 2005 prematurely retiring the appellant from service.4. ..... for the courts to ascertain whether a valid material exists or otherwise, on which the subjective satisfaction of the administrative authority is based. .....
Tag this Judgment!Court : Supreme Court of India
..... pw-83, shri angad singh, the deputy director (horticulture), dda, had deposed that no such permission was ever granted by any authority to organize any such function in the evening of 16.12.2012 in the said dda district park, hauz khas, new delhi and that no function was ever organized in the park on 16.12.2012 by anyone ..... he further recommended that appropriate compensation under section 357a crpc be awarded to the legal heirs of the prosecutrix and, accordingly, sent a copy of the order to the secretary, delhi legal services authority, new delhi, for deciding the quantum of compensation to be awarded under the scheme referred to in sub-section (1) of section 357a crpc. ..... after the amendment in the criminal procedure code by the insertion of section 53a by act 25 of 2005, dna profiling has now become a part of the statutory scheme. ..... it provides for a detailed medical examination of accused for an offence of rape or attempt to commit rape by the registered medical practitioners employed in a hospital run by the government or by a local authority or in the absence of such a practitioner within the radius of 16 kms. ..... the person who furnishes the first information to the authorities might be fresh with the facts but he need not necessarily have the skill or ability to reproduce details of the entire story without anything missing therefrom ..... the impact of the omission, as is discernible from the authorities, has to be adjudged in the totality of the circumstances and the veracity of the .....
Tag this Judgment!Court : Supreme Court of India
..... natural gas regulatory board act, 2006 (19 of 2006); (xviii) section 31 of the airports economic regulatory authority of india act, 2008 (27 of 2008); (xix) section 22 of the national ..... 10 of the special courts (trial of offences relating to transactions in securities) act, 1992 (27 of 1992); (xi) section 15z of the securities and exchange board of india act, 1992 (15 of 1992); (xii) section 18 of the telecom regulatory authority of india act, 1997 (24 of 1997); (xiii) section 53t of the competition act, 2002 (12 of 2003); (xiv) section 125 of the electricity act, 2003 (36 of 2003); (xv) section 24 of the national tax tribunal act, 2005 (49 of 2005); (xvi) section 30 of the armed forces tribunal act, 2007 (55 of 2007); (xvii) section 37 of the petroleum and .....
Tag this Judgment!Court : Supreme Court of India
..... of statutory powers, adverted to the exposition of privy council and observed thus: (60) ...even if it is passed in good faith and with the best of intention to further the purpose of the legislation which confers the power, since the authority has to act in accordance with and within the limits of that legislation, its order can also be challenged if it is beyond those limits or is passed on grounds extraneous to the legislation or if there are no grounds at all for passing it ..... information act, 2005 ( the rti act ) recognises the right of the citizen to secure access to information under the control of public authority, in order to promote transparency and accountability in the working of every public authority ..... the notice inviting objections from the public against the changes proposed to be made to the master plan for delhi 2021/zonal development plan for zone-d under section 11-a of the dda act, 1957 dated 21.12.2019, issued by respondent no.7, delhi development authority; (vi) the consequent decision dated 10.02.2020 made by dda approving the change in land use for the aforementioned plot including plot no.118 wherein the new parliament house is proposed to ..... where there has been a failure on the part of any authority in acting according to law or in non-action or acting in violation of the law that the court has stepped ..... it was open to the interested party to approach the concerned authority under the 2005 act for obtaining (further) requisite information from the concerned authority .....
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