Court : Supreme Court of India
Decided on : Feb-06-2009
Reported in : 2009(57)BLJR755; 2009(3)BomCR187; 2009(6)MhLJ354(SC); 2009(2)SCALE286; (2009)5SCC24; 2009(2)LC499(SC):2009AIRSCW2027
..... to examine the relevant provisions of the regulations it may be noted that on the date on which the regulations came into force certain amendments were introduced in the act as well. some of the amendments made in the act with effect from march 25, 1991 include the definition of `amenity' in its present form that was substituted for the original definition of the ..... the insertion of the definition of `development right' as sub-section (9a) of section 2. another very important amendment made in the act was the insertion of clause (b) in section 126(1) of the act. before march 25, 1991, section 126 of the act provided for acquisition of land only by two means, one by payment of an amount agreed upon by the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-13-2009
Reported in : 2009AIRSCW2006; 2009(4)LHSC2311; JT2009(2)SC455; 2009(2)SCALE559; (2009)4SCC1
..... of backward class of citizens if so provided for by the legislature of the state. accordingly, part ixa; came to be inserted by the constitution (seventy-fourth amendment) act, 1992 w.e.f. 01.06.1993. it specifically provides for devolution by the state legislature of powers and responsibilities upon municipalities with respect to preparation of plans ..... we may refer by way of analogy to the provisions made in some educational institutions and universities whereby in addition to the prizes and scholarships awarded on general competition amongst all the candidates, some prizes and scholarships are reserved for candidates belonging to backward communities. in such cases, though the backward candidates may try for ..... reddy, j.1. leave granted.2. this appeal is preferred against the judgment and order dated 31.07.2008 made in lpa no. 66 of 2007 of the high court of punjab and haryana at chandigarh whereby the division bench vide the impugned judgment set aside the election of the appellant as the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-30-2009
Reported in : 2009(57)BLJR1800; 2009(2)KLT123(SC); 2009(4)SCALE435; (2009)5SCC545; 2010(1)SLJ75(SC); 2009(5)LC2101(SC):2009AIRSCW2638:2009(3)LHSC1792
..... a scheduled caste to christianity and claimed benefit of reservation available to other christians. she approached the high court in wp no. 12816/2007 alleging that p.s.c. had advised an open competition category candidate for the post reserved for `ox' category for which she was an eligible candidate. her grievance is that while disposing of ..... and ors. v. union of india and ors. : air2007sc71 . in paragraph 102 of the said judgment, the constitution bench of this court observed:the impugned constitution amendments are enabling in nature. they leave it to the states to provide for reservation. 44. the same view has been taken in paragraphs 107 and 123 of the aforesaid ..... clear illegality. in our opinion the method prescribed by the rules made by the state government suffers from no infirmity or illegality, and hence the high court acted wrongly in allowing the writ petition. we are clearly of the opinion that the high court has placed a wrong interpretation on the relevant rules.46. in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-15-2009
Reported in : 2009AIRSCW3505; 2009(57)BLJR1844; 2009LC(SC)283; JT2009(6)SC282; 2009(5)SCALE611; 2009(5)LC2500(SC)
..... leave such surplus as is 'not less than three per cent or such higher percentage as state government may by notification specify'. after noticing the said amendments this court observed:the original negative approach of functioning so as not to suffer a loss is replaced by the positive approach of requiring a surplus to ..... ntpc, pgcl & anyother source respectively during theyear for which the surcharge is tobe calculated.the said increase to be calculatedwith respect to the year 1992-93(after amendment, read 1991-92)(in the above, ptps stands for patratu thermal power station, btps for barauni thermal power station, mtps for muzaffarpur thermal power station. they are ..... in kerala state electricity board v. s.n. govind prabhu & brothers : [1986]3scr628 , the court noticed the amendments in section 59 of the act and held that a plain reading of section 59, as amended, plainly indicates that it is the mandate of parliament that the board should adjust its tariff so that after meeting the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-16-2009
Reported in : AIR2009SC2266; 2009(57)BLJR2292; 2009CriLJ2807; JT2009(6)SC1; (2009)5SCC212; 2009(5)LC2478(SC):2009AIRSCW3000
..... be tapped is evidence through videography in addition to contemporaneous material that may be available through the media, such as electronic media. with the amendments brought in the evidence act, through act 21 of 2000 permitting evidence collected through electronic devices as admissible in evidence, we wish to recommend the following:i) if the officer ..... ', and a monitoring by a 'jury of peers'.33. the committee has recommended the following suggestions:(i) india has a strong, competitive print and electronic media(ii) given the exigencies of competition, there is a degree of sensationalism, which is itself not harmful so long as it preserves the essential role of the media viz ..... of agitations, bandhs, hartals and the like, suo motu proceedings were initiated by a bench of this court on 5.6.2007. dr. rajiv dhawan, senior counsel of this court agreed to act as amicus curiae. after perusing various reports filed, two committees were appointed; one headed by a retired judge of this court .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-23-2009
Reported in : 2009(6)LC2577(SC); (2009)25VST1(SC)
..... assessee's total income computed for the assessment year 1946-47. it was argued that the fourth proviso to section 10(2)(vii) of the income-tax act (inserted by the amendment act of 1946 with effect from may 4, 1946) under which the inclusion of the amount was justified by the department, had no application to the case.(10 ..... tax for the assessment year 1946-47, the total income had to be computed in accordance with the provisions of the income-tax act as on april 1, 1946; that as the amendments made by the amendment act of 1946 with effect from may 4, 1946 were not retrospective, they could not be taken into consideration merely because the assessee ..... consider whether section 43 could be invoked by department in cases following under alternate mode of taxation under section 7 of 1963 act.12. in the circumstances, we set aside the impugned judgment dated 4th october, 2007 and we restore original petition no. 1501/2003 to the file of the kerala high court for de novo consideration in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-05-2009
Reported in : 2009(57)BLJR2571; JT2009(6)SC368; 2009(7)SCALE78; (2009)7SCC186; 2009(6)LC2661(SC):2009AIRSCW5475
..... dated 25th june 1982, only certain categories of sportspersons were permitted to acquire and possess more than three firearms for the purpose of taking part in shooting competitions. appellant was in possession of six arms, three in each category under two different licences. indisputably he was permitted to possess five rifles and four revolvers ..... country as there are materials on record to show that he had imported fire- arms, cartridges etc. at least 26 times.15. the arms act, 1959 was enacted to consolidate and amend the law relating to arms and ammunition.indisputably, appellant applied for and was granted licences in terms of section 17 of the ..... veri would amount to concealment, suggestio falsi would amount to furnishing of inaccurate particulars. [see : dilip n. shroff v. joint commissioner of income tax, mumbai : [2007]291itr519(sc) ].we have noticed hereinbefore that during the period appellant had been holding his licences, he sold arms at least 39 times. in his show cause as .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-06-2009
Reported in : 2009(111)BomLR2966; 2009LC(SC)246; 2009(5)LC2440(SC)
..... permission of the state government, with-- (i) the provisions of any contract, agreement or requisition whether made before or after the commencement of the indian electricity (amendment) act, 1959, for the supply (other than the resumption of a supply) or an increase in the supply of energy to any person, or (ii) any requisition ..... the statute provides for measures to be taken which would be conducive to development of electricity industry. measures are also required to be taken for promoting competition which would also mean the development of electricity industry. it, indisputably, provides for measures relating to the protection of interest of consumers and supply of electricity ..... did not make submissions in the technical session but did so only at the public hearing.38. the commission took up case no. 88 of 2007 and noticed the details of technical validation session in regard to internal capacity allocation from the generation division of tpc to its own distribution division including .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-08-2009
Reported in : (2009)224CTR(SC)16; [2009]314ITR167(SC); (2009)10SCC755; [2009]180TAXMAN514(SC)
..... guarantee is nothing but a guarantee for payment on some happening and that cannot be actual payment as required under section 43b of act for allowance as deduction in the computation of profits. section 43b after amendment w.e.f. 1.4.1989 refers to any sum payable by assessee by way of tax, duty or fee by whatever ..... or discarded or demolished or destroyed.5. learned counsel for the revenue placed strong reliance on commissioner of income tax, madurai and ors. v. saravana spinnig mills (p) ltd. : [2007]293itr201(sc) . it was highlighted that in liquidators of pursa ltd. v. commissioner of income tax, bihar : [1954]25itr265(sc) , it was held that the test is whether ..... that provision has no application.29. the said issue in the present appeal is revolving round the applicability of section 43b of the act. in view of our decision in civil appeal no. 3471 of 2007 relating to the assessment year 1988-89 which has been disposed of today, the said issue is answered in favour of the assesseee .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-08-2009
Reported in : AIR2010SC157; JT2009(13)SC9; RLW2009(2)SC1481; 2009(8)SCALE28
..... has served for more than three years. all person appointed temporarily as lower division clerks after 31-3- 1978 shall be required to seek regular recruitment through the competitive examination as prescribed in the rules.(3) notwithstanding anything contained in rule 7, the persons who were appointed temporarily, in connection with the general strike in accordance with ..... of their appointment shall be given one more chance to pass the prescribed test in accordance with the rules applicable to them before coming into force of the rules amended vide notification no. f.2(45)dop/ b-1/72, dated 7.11.1975 published in the rajasthan rajpatra, dated 27.11.1975, for being appointed substantively ..... hoc basic or on daily wage basis during the period from 1.1.85 to 31.3.90 and are still working as such on the date this amendment comes into force shall be appointed on regular basis on availability of vacancy subject to the condition that they pass a performance test conducted by the appointing authority .....
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