Court : Supreme Court of India
..... not seek to challenge the analysis by spurious evidence of 131 their consumption of alcohol, but did share his confidence in the good sense of magistrates who, with their attention drawn to the safeguards for defendants built into the act , will no doubt give proper scrutiny to such defences, and will be fully aware of the strength of the evidence provided by a printout, taken from an approved device, of a specimen of breath provided in accordance with the statutory ..... challenged on the ground of corrupt practices committed by the respondent and in support thereof some cds were produced alongwith the election petition, but even during the course of trial certificate as required under section 65-b of the evidence act was not produced and the question of admissibility of the cds as secondary evidence in the form of electronic record in absence of requisite certificate was considered and it was held that such electronic record is not admissible in ..... . the facts of the present case show that despite all efforts made by the respondents, both through the high court and otherwise, to get the requisite certificate under section 65b(4) of the evidence act from the authorities concerned, yet the authorities concerned wilfully refused, on some pretext or the other, to give such certificate ..... vs. navjot sandhu, (2005) 11 scc60032 anvar p.v. vs. ..... . navjot sandhu (2005) 11 scc600was adverted to, which was a judgment specifically overruled by anvar p.v ..... . (2005) 3 scc601(at paragraphs 13 and 14).46 .....
Tag this Judgment!Court : Supreme Court of India
..... a preliminary notification was issued on 27 may 2005 under section 17(1) and (3) of the bangalore development authority act 19766 to 1 ngt2ec3prr4eia5seiaa6bda act 3 acquire certain land for the execution of the ..... so, it is evident in the instant case that the eac has miserably failed in the performance of its duty not only as mandated by the eia notification, 2006, but has also disappointed the legal 18 (ii) the regulatory authority shall normally accept the recommendations of the expert appraisal committee or state level expert appraisal committee concerned 19 2014 all (i) ngt reporter (1) (sz) 1 62 part h implication and expectations from the same. ..... of felled plant will be replanted in the nearby areas the deputy conservator of forests, bda, in a reply dated 24 april 2009 to a right to information query stated: with respect to the information sought under the right to information act, 2005, the number of trees that will be cut for the formation of the peripheral ring road part i have been provided below: sl. ..... 2(v) of the above referred office memorandum no.j-110113/41/2006- ia.ii(i) (part) dated 22.08.2014 with the following: (v) (a) all the projects which have been recommended by the expert appraisal committee (eac) shall be considered by the competent authority even if data collected has become more than three years old as the tors itself used to have three years validity and extendable by one more year. ..... they are endemic in sea shores (coastal area in the kundapur coast) etc.18 .....
Tag this Judgment!Court : Supreme Court of India
..... of the constitution of india as inserted provides that no election to any panchayats shall be called in question except by an election petition presented to such authority and in such manner as provided for by or under any law made under the legislature of the state. ..... constituencies or the allotment of seats to such constituencies made or purporting to be made under article 243-k, shall not be called in question in any court; in 22 (b) no election to any panchayats shall be called in question except by an election petition presented to such authority and in such manner as is provided for by or under any law made by the legislature of a state. 39. ..... held that under the election law, the rejection of a nomination paper can be used as a ground to call election in question before the authority prescribed by law in terms of article 329 of the constitution of india. ..... learned additional divisional commissioner found that the medical certificate is not issued by the competent authority and the matter has been verified by the collector. ..... such a power which vests with the appellate authority departmentally is ordinarily not available to the court or ..... section 10a of the 1959 act and section 9a of the 1961 act read with articles 243-k and 243-o, are pari materia with article 324 of 15 (2005) 8 scc38326 the constitution ..... provision has very serious repercussions, it implicitly makes it imperative and obligatory on the part of the authority to have strict adherence to the statutory provisions. .....
Tag this Judgment!Court : Supreme Court of India
..... court can be summarised as follows: (i) the power of judicial review vested in the high court under article 226 is one of the basic essential features of the constitution and any legislation including the armed forces tribunal act, 2007 cannot override or curtail jurisdiction of the high court under article 226 of the constitution of india (ii) the jurisdiction of the high court under article 226 and this court under article 32 though cannot be circumscribed ..... (1) every suit, or other proceeding pending before any court including a high court or other authority immediately before the date of establishment of the tribunal under this act, being a suit or proceeding the cause of action whereon it is based, is such that it would have been within the jurisdiction of the tribunal, if it had arisen after such establishment within the jurisdiction of such tribunal, stand transferred on ..... 3 (2) where any suit, or other proceeding stands transferred from any court including a high court or other authority to the tribunal under sub section (1), (a) the court or other authority shall, as soon as may be, after such transfer, forward the records of such suit, or other proceeding to the tribunal; (b) the tribunal may, on receipt of such records, proceed to deal with such suit, or other proceeding, so far as may be, in ..... the high court 1 special appeal defective no.445 of 2005 4 held that the term other proceedings include all such intra court appeals.8. .....
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
..... (c) no.2924/2014 stating that the central government, ministry of environment, forests and climate change, in exercise of the powers conferred by section 3(2) and (3) of the environment (protection) act, 1986 read with rule 5(3) of the environment (protection) rules, 1986 notified an area of 1050 hectares, to an extent varying from 2.0 kilometers to 2.75 kilometers from the boundary of sukhna wildlife sanctuary in the union territory of chandigarh on the ..... was further directed that such of the states/union territories who have not responded to the letter dated 27 5 2005 shall do the needful within four weeks of the communication of the directions of this court by the ministry to ..... the environment clearance dated 17.09.2013, granted by state level environment impact assessment authority (seiaa) for development of the project is not in conformity with the notification dated 14.09.2006 of ministry of environment and forest (moef), has also been ..... with the governmental authorities not showing any concern with the enforcement of the said acts, and with the development taking place for personal gains at the expense of environment and with disregard of the mandatory provisions of law, some public spirited persons have been initiating public ..... referred to the directions issued by the government of india under the environment protection act and has contended that the construction can at the most be banned within 200 to 500 metres as was done by the government of india in the coastal areas. .....
Tag this Judgment!Court : Supreme Court of India
..... :- (i) only the specified officers are authorised to arrest; (ii) based on reasons to believe that an offence punishable under the act has been committed; (iii) the reasons for such belief to be recorded in writing; (iv) evidence and the material submitted to the adjudicating authority in sealed envelope in the manner as may be prescribed ensuring the safeguards in maintaining the confidentiality; and (v) every person arrested under pmla to be produced before the judicial magistrate or metropolitan magistrate within 24 hours. ..... in order to ensure the safeguards, in exercise of power under section 73 of the act, the central government has framed the prevention of money-laundering (the forms and the manner of forwarding a copy of order of arrest of a person along with the material to the adjudicating authority and its period of retention) rules, 2005 . ..... safeguards, in exercise of power under section 73 of pmla, the central government has framed the prevention of money-laundering (forms, search and seizure or freezing and the manner of forwarding the reasons and material to the adjudicating authority, impounding and custody of records and the period of retention) rules, 2005 .33. ..... framed the prevention of 21 money-laundering (the manner of forwarding a copy of the order of provisional attachment of property along with the material, and copy of the reasons along with the material in respect of survey, to the adjudicating authority and its period of retention) rules, 2005 . .....
Tag this Judgment!Court : Supreme Court of India
..... that a model fee schedule on the basis of which high courts may frame rules for the purpose of determination of fees of arbitral tribunal, where a high court appoints arbitrator in terms of section 11 of the act; (vii) to provide that the parties to dispute may at any 14 stage agree in writing that their dispute be resolved through fast track procedure and the award in such cases shall be made within a period ..... the 2015 amendments to section 11 are geared towards facilitating speedy disposal of section 11 applications by: (a) enabling the designation of any person or institution as an appointing authority for arbitrators in addition to the high court or supreme court under section 11; (b) limiting challenges to the decision made by the appointing authority; and (c) requiring the expeditious disposal of section 11 applications, preferably within the prescribed 60-day time period. ..... context, the same test regarding scope and nature of judicial intervention, as applicable in the context of section 11, should also apply to sections 8 and 45 of the act since the scope and nature of judicial intervention should not change upon whether a party (intending to defeat the arbitration agreement) refuses to appoint an arbitrator in terms of the arbitration agreement, or moves a proceeding before a judicial authority in the face of such an arbitration agreement.32. ..... aksh optifibre, (2005) 7 scc234 (in the context of section 45 of the act), where the supreme court has ruled in favour 12 ..... coastal .....
Tag this Judgment!Court : Supreme Court of India
..... 5 act code 4 (i) whether in view of the promulgation of legal metrology act, 2009, the offences relating to weights and measures particularly short delivery of petroleum products sold to the public at large through dispensing machines, are open to be registered and investigated by the police authorities in terms of the provisions of ipc and code of criminal procedure or the provisions of ..... the samples shall be collected as per the procedure of sample collection provided for quality/quantity check specified in the statutory order, 2005; (ii) the district judge, lucknow jointly with the investigating officer authorised hereinabove shall submit the calibration report of the residual stock to the court concerned not later than a period of 15 days from ..... finish; (iv) for the purposes of sample reports, the district judge/investigating officer are jointly authorised to requisition the quality check from any of the nearest defence laboratories notified in the statutory order, 2005 and quantity check from any of the centres mentioned in para-22 of the counter affidavit sworn by the chief secretary, government of u.p. ..... first information report under sections 406, 420 read with 114 of ipc was 21 challenged on the ground that the accused has been tried earlier for an offence under section 138 of the ni act and that accused cannot be charged for the offence of criminal breach of trust, cheating and abetment pertaining to the cheque for which proceedings were initiated under section 138 of the .....
Tag this Judgment!Court : Supreme Court of India
..... of the apartment, plot or building, as the case may be, in favour of the allottee along with the undivided proportionate title in the common areas to the association of allottees or competent authority, as the case may be, as provided under section 17 of this act; (g) pay all outgoings until he transfers the physical possession of the real estate project to the allottee or the associations of allottees, as the case may be, which he has collected from the ..... the promoter shall enclose following documents along with the application referred to in sub-section (1), namely: the address, (a) a brief details of his enterprise including its name, registered enterprise (proprietorship, societies, partnership, companies, competent authority), and the particulars of registration, and the names and photographs of the promoter; type of (b) a brief detail of the projects launched by him, in the past five years, whether already completed or being developed, as ..... shri bhandari, appearing for one of the writ petitioners, gave a chart of a comparative analysis between the uncitral legislative guide on insolvency law (2005) (hereinafter referred to as the uncitral legislative guide ) ,which forms the basis of the code, and the bankruptcy law reforms committee report (2015), argued that the impugned ..... nanhku, (2005) 4 scc480 , where the object of such a provision is only to expedite the ..... , (2005) 2 scc515 , while expressing its opinion on the aforesaid rule ..... (2005) 2 scc762at 783 and more recently in .....
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