Court : Supreme Court of India
..... scheduled tribes orders (amendment) act, 1976 (act no.108 of 1976), the constitution (scheduled tribes) order (amendment) act, 1991 (16 of 1991), the constitution (scheduled tribes) order (second amendment) act, 1991 (39 of 1991), the scheduled castes and scheduled tribes orders (amendment) act, 2002 (32 of 2002), the scheduled castes and scheduled tribes orders (amendment) act, 2002 (10 of 2003), the constitution (scheduled tribes) order (amendment) act, 2003 (47 of 2003), the constitution (scheduled tribes) order (amendment) act 2006 (48 of 2006), the constitution (scheduled tribes) order (amendment) act, 2008 (14 of 2008 ..... has made the orders - the constitution (dadra and nagar haveli) scheduled castes order, 1962; the constitution (dadra and nagar haveli) scheduled tribes order, 1962; the constitution (pondicherry) scheduled castes order, 1964; the constitution (goa, daman and diu) scheduled caste order, 1968; the constitution (goa, daman and diu) scheduled tribes order, 1968; in the case of goa, the goa, daman and diu reorganisation .....
Tag this Judgment!Court : Supreme Court of India
..... when this inclusionary part is put in juxtaposition with exclusionary part in the definition of the expression state government which provides that as respects anything done or to be done after the commencement of the constitution (seventh amendment) act, 1956, it shall mean, in a state, the governor, and in a union territory, the central government, the difference conceptually speaking between the expression state government and the administration of a union territory ..... when this inclusionary part is put in juxtaposition with exclusionary part in the definition of the expression state government which provides that as respects anything done or to be done after the commencement of the constitution (seventh amendment) act, 1956, it shall mean, in a state, the governor, and in a union territory, the central government, the difference conceptually speaking between the expression state government and the administration of a union ..... exercising power under section 5(1), first proviso of pc act, the administrator of ut, delhi authorised the inspectors of police serving in acb to investigate offences under the said act in the whole of the 6 (1964) 1 scr926: air1963sc1531105 territory ..... v. padam dev, air1954sc587: (1955) 1 scr549 and in state ..... [air1954sc587: ..... or state governments concerned, may determine the tenure of all or any of the cadre posts specified for the state concerned in item 1 of the schedule to the indian administrative service (fixation of cadre strength) regulation, 1955 .....
Tag this Judgment!Court : Supreme Court of India
..... intention was crystal clear, and there was no play in the joints to apply purposive or creative interpretation, this court came to the conclusion that only an amendment of the arbitration act could set right the position as otherwise, the court would be guilty of altering the material of 33 which the act was woven and not merely ironing out creases which were found in the statute.17. ..... chaman paswan, (1955) 1 scr117(at page122) and various other judgments following it to contend that in cases of inherent lack of jurisdiction, it would be open to a party to ignore ..... creditors, (c) that the defendant threatens to dispossess the plaintiff or otherwise cause injury to the plaintiff in relation to any property in dispute in the suit, the court may by order grant a temporary injunction to restrain such act, or make such other order for the purpose of staying and preventing the wasting, damaging, alienation, sale, removal or disposition of the property or dispossession of the plaintiff, or otherwise causing injury to the plaintiff in relation ..... for that purpose, civil courts are given vast powers which include the power to attach property, apart from passing orders of imprisonment, which are punitive in nature.1 orders passed under section 17(2) of the arbitration act, using the power contained in order xxxix, rule 2-a are, therefore, properly referable only to the arbitration 1 when an order for permanent injunction is to be enforced, order xxi, rule 32 provides for attachment .....
Tag this Judgment!Court : Supreme Court of India
..... been ordered with the prior concurrence of the lokayukta or an upalokayukta, as the case may be; (b) any action in respect of a matter which has been referred for inquiry, under the commission of inquiry act, 1952 with the prior concurrence of the lokayukta or an upalokayukta, as the case may be; (c) any complaint involving a grievance made after the expiry of a period of six months from the date on ..... of high court of punjab and haryana and others (1996) 3 scc 145.held in the matter of appointment of president of the state commissions and the national commissions under the consumer protection act, 1986, the consultation with the chief justice of the high court and chief justice of india is in the same manner, as indicated by the supreme court in supreme court advocates-on-record association ..... meaning any disrespect) an investigator; who should initiate the process of appointment of an upa-lokayukta; what is meant by consultation in the context of section 3(2)(b) of the karnataka lokayukta act, 1984 (for short the act); whether consultation is at all mandatory under section 3(2)(b) of the act; how is the process of consultation required to be carried out; whether the view of the chief justice of the karnataka high court regarding the suitability of a person for appointment ..... we have carefully considered whether the institution of lokpal will require any constitutional amendment and whether it is possible for the office of the lokpal to be set up by central legislation so as to ..... 1955 .....
Tag this Judgment!Court : Supreme Court of India
..... right by all persons to the recognition of their gender identity as well as free development of their person according to their gender identity and can also request that their recorded sex be amended along with the changes in first name and image, whenever they do not agree with the self-perceived gender identity ..... india is also traced and while doing so, there is mention of upon the draconian legislation enacted during the british rule, known as criminal tribes act, 1871 which treated, per se, the entire community of hizra persons as innately criminals , addicted to the systematic commission of non-bailable offences ..... acts dealing with the gender identity, (1) sex discrimination act, 1984; and (ii) sex discrimination amendment (sexual orientation, gender identity and intersex status) act, 2013 (act ..... the ipc found a place in the indian penal code, 1860, prior to the enactment of criminal tribles act that criminalized all penile- non-vaginal sexual acts between persons, including anal sex and oral sex, at a time when transgender persons were also typically associated ..... some relevance and the same are extracted hereinbelow:- 5a discrimination on the ground of sexual orientation (1) for the purposes of this act, a person (the discriminator) discriminates against another person (the aggrieved person) on the ground of the aggrieved person s sexual orientation if, by reason of: (a) the aggrieved person s sexual orientation; or (b) a ..... introduced by nelson goodman in fact, fiction and forecast (1955) .....
Tag this Judgment!Court : Supreme Court of India
..... the extent, or the nature and extent, of the sentence, so as to enhance or reduce the same; (d) in an appeal from any other order, alter or reverse such order; (e) make any amendment or any consequential or incidental order that may be just or proper: provided that the sentence shall not be enhanced unless the accused has had an opportunity of showing cause against such enhancement: provided further that ..... warranted by law, or (b) may annul the conviction, and convict the accused of any offence of which the court of session might have convicted him, or order a new trial on the same or an amended charge, or (c) may acquit the accused person: provided that no order of confirmation shall be made under this section until the period allowed for preferring an appeal has expired, or, if an appeal is presented ..... his statement, if duly proved, may be used by the accused, and with the permission of the court, by the prosecution, to contradict such witness in the manner provided by section 145 of the indian evidence act , 1872 (1 of 1872); and when any part of such statement is so used, any part thereof may also be used in the re-examination of such witness, but for the purpose only of explaining any ..... necessary at this stage to note that by the very same amendment act 25 of 2005, by which section 53-a was inserted, ..... , (1964) 8 scr133 this court was dealing with an appeal under article 136 of the constitution and, in that appeal, on behalf of the persons who were under 57 sentence of death .....
Tag this Judgment!Court : Supreme Court of India
..... does not mean that there can be no judicially manageable standards to review exercise of its power; (g) while the area of powers, privileges and immunities of the legislature being exceptional and extraordinary its acts, particularly relating to exercise thereof, ought not to be tested on the traditional parameters of judicial review in the same manner as an ordinary administrative action would be tested, and the court would confine ..... by the court nor will it go into the adequacy of the material or substitute its opinion for that of the legislature; (p) ordinarily, the legislature, as a body, cannot be accused of having acted for an extraneous purpose or being actuated by caprice or mala fide intention, and the court will not lightly presume abuse or misuse, giving allowance for the fact that the legislature is the best judge ..... the facts and circumstances at hand this court should take a different view so as to abandon its constitutional functions as the final judge of constitutionality of all acts purported to be done under the authority of the constitution, though at the same time refraining from transgressing into the sphere that is properly the domain of parliament ..... motion being made forthwith put the same question, no amendment, adjournment, or debate being allowed, as if the offence ..... assembly case (special reference no.1 of 1964)38 the court had placed reliance on articles 208 and 212 which contemplate that rules can be framed by the legislature subject to the provisions of .....
Tag this Judgment!Court : Supreme Court of India
..... . under clause (a) of the newly introduced sub-section (3) of section 3, on and from the commencement of section 3 of the 1976 nationalisation amendment act, no person other than (i) central government or a government company or a corporation owned, managed or controlled by the central government or (ii) a person to whom a sub-lease, referred to in the proviso to clause (c) has been granted by any such government, company or corporation or ..... additional declaration has done away with any vestige of power in the state in the matter of selection of beneficiaries of the mineral and if section 1a had not been inserted vide 1976 nationalisation amendment act, it may have been possible to argue that the state, as the owner of the mineral, would nonetheless be required to grant the lease under section 10 of the 1957 act by exercising its discretion under section 10(3) albeit subject to further conditionalities imposed by section 3(2) of the ..... argues that the consideration of proposals by the central government for allocation of coal blocks does not contravene the provisions of the 1957 act in any manner, firstly, because section 1a of cmn act is in addition to and not in derogation of the 1957 act; secondly, an application for allocation of a coal block is not dealt with by the provisions of the 1957 act; and thirdly, after allocation, the allocatee has to make an application for grant of mining lease or prospecting licence to the ..... .; [air1964sc1284: (1964) 4 scr461 [6] .....
Tag this Judgment!Court : Supreme Court of India
..... in the meantime, we direct that on 67.703 acres of acquired land located in various plots detailed in the schedule to the acquisition of certain area at ayodhya act, 1993, which is vested in the central government, no religious activity of any kind by anyone either symbolic or actual including bhumi puja or shila puja, shall be permitted or ..... . in ismail faruqui, the court started by elucidating the background of the case leading to the acquisition of certain area at ayodhya act, 1993 (no.33 of 1993) (for short '1993 act') and the reasons for making special reference to this court by the president of india in exercise of his power in clause (1) of article 143 of ..... he placed reliance on judgment of this court in ahmed adam sait & others versus inayathullah mekhri & others, 1964 (2) scr647 in the above case, in suit under section 92, cpc, a scheme had already been framed ..... has a fundamental right under our constitution not merely to entertain such religious belief as may be approved of by his judgment or conscience but to exhibit his belief and ideas in such overt acts as are enjoined or sanctioned by his religion and further to propagate his religious views for the edification of others.....13. ..... repealed by the act and the petitioner was allowed to amend his petition ..... light of this possible complication which may arise in some cases that this court struck a note of caution in the case of durgah committee ajmer v ..... is sardar syedna taher saifuddin saheb vs. ..... by the high court in april 1955. .....
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