Court : Supreme Court of India
..... by sub- section (1) of section 25 of the customs act, 129 civil appeal no.11826 of2018etc. 1962 (52 of 1962), the central government, on being satisfied that it is necessary in the public interest to do so, hereby makes the following further amendments in the notification of the government of india in the ministry ..... court has laid down in para 19 and 20 in energy watchdog3 may be summarized as follows: (89) in the case of fixation of tariff under section 63 of the act, what is contemplated is to begin with guidelines which have been issued under section 63. when the commission is asked to exercise power under ..... adjudication upon disputes involving generating companies or transmission licensees fall under the head mandatory functions whereas advising the central government on formulation of national electricity policy and tariff policy would fall under the head advisory functions . in this sense, the central commission is the decision-making authority. such decision- making under section 79 .....
Tag this Judgment!Court : Supreme Court of India
..... it is necessary to understand the context in which they arose.3. parliament inserted part xiv-a of the constitution of india by the constitution (forty-second amendment) act 1976. part xiv-a consists of two articles, articles 323a and 323b. article 323a empowers parliament to provide for the adjudication of certain disputes by administrative tribunals. ..... establishing the oat45 in indian national congress (i) v. institute of social welfare16, this court held that section 21 of the general clauses act cannot be pressed into service to vary, amend, or review a quasi-judicial order or notification. it is important to note that a quasi-judicial order or notification cannot be rescinded ..... route for meeting the same objectives is preferable to that of operating an sat, it is free to act upon its view and request the union government to abolish the sat. an amendment to the administrative tribunals act is not a prerequisite for the state government to make a request to the union government.59. as .....
Tag this Judgment!Court : Supreme Court of India
..... : 3. specification of larger urban areas and constitution of corporations. [(1) the corporation for every city constituted under this act existing on the date of coming into force of the maharashtra municipal corporations and municipal councils (amendment) act, 1994, specified as a larger urban area in the notification issued in respect thereof under clause (2) of article 243 ..... define transitional area , a smaller urban area or a larger urban area . it is in discharge of this constitutional obligation that the state of maharashtra also amended the mmc act thereby providing under section 3(1) that a `larger urban area shall be specified by way of a notification to be issued under article 243q(2) of ..... is evident that section 3 falls in chapter 1, which is captioned as primary . since, the mmc act was enacted in 1949, it has been suitably amended from time to time, especially page|13 after the insertion of part ix a municipalities in our constitution with effect from 01.06.1993. article 243q( .....
Tag this Judgment!Court : Supreme Court of India
..... . state of haryana and others42. therein a bench of two learned judges was 42 (2016) 2 scc445167 dealing with the constitutionality of the haryana panchayati raj (amendment) act, 2015, under which, certain categories of person were rendered incapable of contesting elections. one such category was persons who did not possess specified educational qualifications. justice ..... in its strongest form during the 1993 mumbai bomb blasts which was the result of a collaboration of a diffused network of criminal gangs, police and customs officials and their political patrons. the tremors of the said attacks shook the entire nation and as a result of the outcry, a commission was constituted ..... judgment of the profession, and by the duty of adherence to the pervading spirit of the law. the process, being legislative, demands the legislator s wisdom. customs, no matter how firmly established, are not law, they say, until adopted by the courts. even statues are not law because the courts must fix their .....
Tag this Judgment!Court : Supreme Court of India
..... known as people s education society as an unlawful association and also declaring as unconstitutional, section 15(2)(b) of the indian criminal law amendment act, 1908, as amended by the indian criminal law amendment (madras) act, 1950. while upholding the judgment of the madras high court, this court indicated as to how the test of reasonableness has to be expounded ..... of public opinion .117. in r.k. jain vs. union of india109, this court was concerned with a public interest litigation relating to the functioning of the customs, excise and gold control appellate tribunal. at that time the office of the president of the tribunal was lying vacant for over six months. but after rule nisi ..... bench in the case of director of rationing and distribution v. the corporation of calcutta and ors. 1960 crilj1684 include not only the statutory law but also custom or usage haying the force of law as also the common law of england which, was adopted as the law of the country before the coming into force .....
Tag this Judgment!Court : Supreme Court of India
..... demonetization, the government resorted to promulgating ordinances for the said purpose.155. it is to be noted that after the ordinance of 1946 was promulgated, the rbi act was amended vide act no.62 of 1956 and section 26a was added, thereby specifically providing that no bank note of the denominational value of rs.500/-, rs. 1,000/- and ..... bank notes to be credited to the account maintained with the bank by a person, where the specified bank notes are tendered; however, where compliance with extant know your customer (kyc) norms is not complete in an account, the maximum value of specified bank notes as may be deposited shall be rs.50,000/ ; (iv) the ..... out of india as per relevant fema rules. learned counsel submits that an additional liability is imposed upon the nris to produce a certificate issued by the indian customs on arrival through red channel after 30th december 2016, indicating the import of sbns, with details and value thereof.49. shri divan relied on the article titled .....
Tag this Judgment!Court : Supreme Court of India
..... or wholly relate to any change in the tariff or determination of any of such claims could result in change in the tariff, shall be submitted to adjudication by the mperc. appeal against the decisions of mperc shall be made only as per the provisions of the electricity act, 2003, as amended from time to time.101. article 15.1 ..... the first respondent has countered the case of the appellant not only by producing invoices supplied by the overseas supplier and the bill of entry issued by the customs department but the lorry receipts, to establish the procurement of 1175 inverters required for the first respondent unit in 2017. it is also their case that the ..... .2017, certifying the readiness of the unit of the first respondent, the first respondent has produced documents like invoices from overseas sellers, bill of entry with the customs department and certain lorry receipts. the alleged fraud is the common number found in 186 inverters in the report of the ceig. a physical inspection by the ceig .....
Tag this Judgment!Court : Supreme Court of India
..... supplied) 92.8. in k. krishna murthy (supra), as noticed, this court rejected the challenge to the constitution (seventy-third amendment) act, 1992 and the constitution (seventy-fourth amendment) act, 1992 which had inserted part ix and part ix-a to the constitution thereby contemplating the powers, composition and functions of the ..... educational backwardness perpetuates social backwardness; and both are often no more than the inevitable corollaries of the extremes of poverty and the deadening weight of custom and tradition .. [emphasis supplied].63. in m.r. balaji (supra), gajendrakadkar j.said that: ..social backwardness is on the ultimate analysis the ..... of dr ambedkar's draft provided that: any privilege or disability arising out of rank, birth, person, family, religion or religious usage and custom is abolished.46. considerable deliberations took place since there was unanimity among all sections of representatives in the constituent assembly that the practice of untouchability .....
Tag this Judgment!Court : Supreme Court of India
..... become relevant to establish the guilt of the accused or the liability of the defendant. electronic documents stricto sensu are admitted as material evidence. with the amendment to the evidence act in 2000, sections 65-a and 65-b were introduced into chapter v relating to documentary evidence. section 65-a provides that contents of electronic ..... view taken in navjot sandhu11 and observed 20. proof of electronic record is a special provision introduced by the it act amending various provisions under the evidence act. the very caption of section 65-a of the evidence act, read with sections 59 and 65-b is sufficient to hold that the special provisions on evidence relating to ..... never recovered and the handset in which it was used from 26.10.2000 to 14.11.2000 (imei ending with 0240 ) was also not recovered. no customer application form (caf) or any other document that establishes ownership or possession was produced. not a single person known to the petitioner was sked to provide his mobile .....
Tag this Judgment!Court : Supreme Court of India
..... (i) that the institution should exist solely for the purpose of education; and (ii) it should not exist for the purpose of profit.20. by the taxation laws (amendment) act, 1975, section 10 (23c) was brought into force for the first time, and by virtue of sub-clauses (iv) and (v), other funds and institutions established for ..... and the substantive provisions which deal with exemption, there cannot be any other interpretation.52. the view of this court is fortified by the previous judgements in commissioner of customs (import), mumbai v. dilip kumar and company & ors. 22 where a constitution bench held that taxing statutes are to be construed in terms of their plain ..... unambiguous and only one meaning can be inferred, the courts are bound to give effect to the said meaning irrespective of consequences. if the words in 22 commissioner of customs (import), mumbai v. dilip kumar and company & ors., (2018) 9 scc1 39 the statute are plain and unambiguous, it becomes necessary to expound those words .....
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