Court : Supreme Court of India
..... within sixty days from the date of the service of notice of the application to such person. explanation: for the purposes of this chapter. (a) minor means a person who, under the provisions of the indian majority act, 1875 (9 of 1875) is deemed not to have attained his majority; (b) wife includes a woman who has been divorced ..... principles enunciated by this court, which were relevant to the present case, mr. ram jethmalani, learned senior counsel, placed reliance on manak lal v. dr. prem chand, (1957), scr575 inviting the court s attention to the factual background of the controversy in the above case, it was brought out, that dr. prem chand, the respondent, had filed ..... in our constitutional law and we are of the opinion that in a democratic republic like india where judges function under a written constitution and which has a chapter on fundamental rights, to protect individual liberty the judges owe a duty to safeguard the liberty not only of the citizens but also of all persons within the .....
Tag this Judgment!Court : Supreme Court of India
..... (52), section 2(102), section 2(59) and section 2(60). 72 part f f.2 section 16 & section 49 of the cgst act 43 section 16 is comprised in chapter v and is titled as input tax credit . the marginal note to section 16 indicates that the provision relates to eligibility and conditions for taking itc ..... credit. according to the authors: ii. treatment of excess input credits carry forward, offset, or refund: as was discussed earlier and will be discussed in detail in chapter 7, most countries define the jurisdictional reach of their vats under the destination principle. applying the destination principle, exports are free of tax (zero rated). as a result ..... areas where fundamental human rights are involved. nowhere has this admonition been more felicitously expressed than in morey v. doud [351 us457:1. l ed 2d 1485 (1957)]. where frankfurter, j., said in his inimitable style: in the utilities, tax and economic regulation cases, there are good reasons for judicial self-restraint if not judicial .....
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..... , which is her fundamental right to privacy, dignity and autonomy. reliance was placed upon a judgment of this court reported as re the kerala education bill, 1957 - reference under 124 article 143(1) of the constitution of india74 dealing with the issue of kerala education bill. the provision authorized the state to take ..... . in shaheena & anr. v. state of karnataka & ors. (writ petition no.3038 of 2022), the petitioners have quoted verse 26 chapter 7, verse 31 chapter 24 and verse 59 chapter 33 of the holy quran indicating that wearing of headscarf is part of the religious identity and essential in islamic faith. the reliance was also ..... it.98. the chapter 740 also gives the description of laws which have modified the mohammedan law. such statutes are as under: (i) the indian contract act, 1872. (ii) the usuary law repeal act. (iii) usurious loans act. (iv) the religious toleration act. (v) the freedom of religion act, 1850. (vi) the waqf validating act. (vii) the shariat act, 1937. (viii) .....
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..... to rehabilitation and resettlement award is hereby dispensed with; and (k) the expropriated land-owners shall be entitled to seek reference for enhancement of compensation in accordance with chapter-viii of the 2013 act.74. finally, apart from the aforementioned segregation of cases, the present batch of matters also includes slp(c) no.14308/2020 (ashok pratap singh v. gnctd) that has ..... like residential schemes, industrial areas, flyovers, the delhi metro, etc. accordingly, over a long span of 1957-2006, various notifications under sections 4 and 6 of the 1894 act were issued for acquiring these lands and awards were passed under section 11 of the 1894 act affixing compensation. 3.2. in some cases, the compensation amount was deposited in the treasury since the .....
Tag this Judgment!Court : Supreme Court of India
..... delivery of the property as per hiba, thus establishing the element of delivery of possession pursuant to alleged gift. (vi) section 129 of the transfer of property act exempts the application of chapter vii on mohammedan law. gift of property under mohammedan law by hiba need not necessarily be through a registered document. while the saving provision u/s 129 of ..... and construction of exhibit-a6 would decide the correctness of the findings recorded by the high court. exhibit a-6 in nomenclature and content cannot be treated as a concluded act of partition between the sharers and/or a distant residuary sharer. exhibit-a6 is captioned as an agreement for the settlement of the family property. therefore, the requirement ..... 2024 insc492non-reportable in the supreme court of india civil appellate jurisdiction civil appeal no.1957 of2011naseem kahnam and others appellant(s) versus zaheda begum (dead) by lr. and others respondent(s) judgment s.v.n. bhatti, j.i. factual matrix1 respondent nos. 1 and .....
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..... in this appeal, is engaged in the manufacturing of polyester cotton blended yarn and polyester viscose blended yarn and both these products fall under chapter 55 of the schedule to the central excise tariff act, 1985. for manufacture of the aforesaid product, the assessee had used the raw material which was an intermediate product and paid excise duty thereupon ..... element on the goods exported and hence no other interpretation denying the relief sought appears possible. circular no.129/40/95 dt. 29.09.95, para 1.5 of chapter 8 of part v of cbec manual further leaves no room for any other interpretation. (iv) interpretation of word 'or' occurring in rule 18: the aforesaid discussion ..... appeals. .............................................j.(a.k. sikri) .............................................j.(rohinton fali nariman) new delhi; october09 2015.-.---------------------- [1]. (2008) 12 scc466[2]. (1979) 3 scr373[3]. (1968) 1 scr463[4]. (1957) 1 scr874[5]. (1999) 5 scc138[6]. (1959) 1 scr84 .....
Tag this Judgment!Court : Supreme Court of India
..... case of msm sharma v. dr. shree sri krishna sinha14, raja ram pal15, special reference no.1 of 1964 16 and amarinder singh17 were discussed to conclude that chapter 20 of the lok sabha rules 14 air1960sc1186 15 (2007) 3 scc184 16 supra note 12. 17 supra note 11. [40]. entitled privileges and rules 222 to ..... but not unlimited. 77 such power of enquiry of the congress is limited to its legitimate tasks , which would imply legislative competence in the present case. 76 354 us178(1957) at pg.187. 77 ibid. [98].104. we may note at this stage that a plea was advanced by dr. dhavan that this judgment stood overruled in barenblatt ..... legislatures had no powers but only privileges; they did not have powers to punish people under that act. next, in the context of erskine may s seminal commentary on parliamentary practices, it was pointed out that chapter xi deals with powers and chapter xii deals with privileges and immunities which are used interchangeably.24 power, however, remains, distinct. the .....
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..... , are also relevant. the observations read as under: 10. in west riding of yorkshire county council v. huddersfield corpn. [(1957) 1 all er669 the queen s bench division, lord goddard, c.j.(as he then was) held that the limitation act applies to arbitrations as it applies to actions in the high court and the making, after a claim has become ..... it has become barred. the mere fact that a claim was barred could not be held to be undue hardship .13. the law of arbitration by justice bachawat in chapter 37 at p. 549 it is stated that just as in the case of actions the claim is not to be brought after the expiration of a specified number of ..... of the limitation act. by consent the parties have substituted the arbitrator for a court of law to arbiter their disputes or differences. it is, therefore, open to the parties to plead in the proceedings before him of limitation as a defence.15. in mustiu and boyd's commercial arbitration (1982 edn.) under the heading hopeless claim in chapter 31 at .....
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..... sub-divisional magistrate, monghyr and others,70 a seven judge constitution bench of this court has rejected challenge to the constitutional validity of section 144 and chapter viii of the code of criminal procedure, 1873 holding that the impugned provisions properly understood were not in excess of the limits laid down in the ..... remedy provided in the criminal code.37. recently, this court in shreya singhal, accepting the constitutional challenge and striking down section 66a of the information technology act, 2000, had differentiated between categories and adopted the scales test when offensive speech would be criminalised, observing: 13...there are three concepts which are fundamental in ..... apply with greater rigour to protect any genuine 98 in bolam v. friern hospital management committee, [1957]. 2 all e.r. 118, it was observed: a doctor is not guilty of negligence if he has acted in accordance with a practice accepted as proper by a reasonable body of medical men skilled in that .....
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..... fundamental human rights are involved. nowhere has this admonition been more felicitously expressed than in morey v. doud [351 us457:1. l ed 2d 1485 (1957)]. where frankfurter, j., said in his inimitable style: judicial deference to give to if not judicial deference in the utilities, tax and economic regulation cases ..... be to give such an interpretation as would thwart the recovery process under the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 which act alone seems to have worked to some extent at least. similarly, in innoventive industries (supra), this court found: 13. one of the ..... that prevailed in lochner, coppage, adkins, burns, and like cases - that due process authorizes courts to hold laws unconstitutional when they believe the legislature has acted unwisely - has long since been discarded. we have returned to the original constitutional proposition that courts do not substitute their social and economic beliefs for the .....
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