Court : Karnataka Dharwad
..... lower rungs of the service, without reference to the duty to ensure a proper appointment procedure through the public service commission or otherwise as per the rules adopted and to permit these irregular appointees or those appointed on contract or on daily ..... passed in w.p. no.11532/2023, dated 19.09.2023; (v) the madras aluminium co. ltd., vs. the tamilnadu electricity board and anr., passed in civil appeal nos.7224-7226/2009, dated 06.07.2023; (vi) workmen of beml ltd., and ors ..... workmen would become direct employees of the employer on whose establishment they were earlier working and were enjoying all the regulatory facilities on that very establishment under chapter v prior to the abolition of such contract labour system. though the ..... baneful nature'. the system, which is nothing but an improved version of bonded-labour, is sought to be abolished by the act. the act is an important piece of social legislation for the welfare of labourers and has to be liberally construed. (c) in .....
Tag this Judgment!Court : Supreme Court of India
..... gujarat high court held that royalty payable under section 9 was not a tax. therefore, parliament had legislative competence to prescribe royalty under the mmdr act in pursuance of its regulatory powers under entry 54 of list i); laxmi narayan agarwalla v. state of orissa, 1983 scc online ori 16 (the orissa high court disagreed ..... sen having due regard to the framework of the constitution. at this stage, reference to section 5, chapter ii legislative relations of the report of the sarkaria commission ( sarkaria commission report ) may be of assistance: civil appeal nos.4056-4064 of 1999 etc. page 173 of 193 2.5.21 in every constitutional system having two ..... and peculiar problems of each state have been placed under the state list.62 for instance, the state legislatures can tax the consumption or sale of electricity. although electricity is an important raw material for many industries, the states are allowed to determine the rates of the levy by taking into consideration the particular needs .....
Tag this Judgment!Court : Supreme Court of India
..... favour a bad technology; the various acts of omission and commission of geac that have been documented in various chapters of this report, all go on to cement the view of the committee that the regulatory mechanism definitely requires the protection and support of an act of the parliament which leaves no ..... term challenges that directly impact the right to a healthy environment, particularly for vulnerable and indigenous communities including forest dwellers. the lack of reliable electricity supply for many citizens not only hinders economic development but also disproportionately affects communities, including women and low-income households, further perpetuating inequalities. ..... retrospectively. (viii) that even for technologies which have been tried and tested, and found to be far safer than ge, for instance hydro-electric projects, the relevant statutes mandate a public notice and public hearing as well as environmental impact assessment. hence, it is arbitrary and unreasonable not .....
Tag this Judgment!Court : Supreme Court of India
..... plea that it is liable only to the extent of any loss that may have been sustained by the electricity board owing to any default on the part of the supplier of goods i.e. the company in liquidation. the liability is absolute civil appeal no.4565 of 2021 page ..... is later: provided that where the resolution plan contains a provision for combination, as referred to in section 5 of the competition act, 2002, the resolution applicant shall obtain the approval of the competition commission of india under that act prior to the approval of civil appeal no.4565 of 2021 page 25 of 42 such resolution plan by the committee of creditors ..... has to do is to make a demand. within forty-eight hours of such demand the bank has to pay the amount to the electricity board which is not under any obligation to prove any default on the part of the company in liquidation before the amount demanded is paid. the bank cannot raise the .....
Tag this Judgment!Court : Supreme Court of India
..... efficacy of the proceedings would be lost by passage of time. even if a contempt is committed and within the stipulated period of one year from such commission no action is brought before the court on the specious ground that the contempt has been continuing, no party should be encouraged to wait indefinitely to choose ..... were dispossessed in execution proceedings, their rights had been completely injured, and though their dispossession continued, it cannot be said that the trustees were committing wrongful acts or acts of tort from moment to moment so as to give the appellants a cause of action de die in diem. we think there can be no doubt ..... , a prayer for condonation of delay in presenting the petition/application alleging contempt would not be maintainable. the express negative phraseology used in section 20 of the act, as a legislative injunction, places a fetter on the court s power to initiate proceedings for contempt unless the petition/application is presented within the time-frame .....
Tag this Judgment!Court : Supreme Court of India
..... insc6519 (1998) 1 scc226:1997. insc8268 government insofar as cbi is concerned. the learned solicitor general submitted that section 8 of the central vigilance commission act, 2003 (hereinafter referred to as cvc act ) would make it clear that the cbi is under superintendence of the cvc and not the union of india. he submitted that the proviso ..... impleaded are properly filed within article 131 of the constitution triable by this court in its original jurisdiction. reference was made to the case of rajasthan state electricity board v. mohan lal [1967 3 scr377 . there the question arose between certain persons who were permanent employees of the government of the state of rajasthan ..... and later placed at the disposal of the state electricity board and one of the questions was whether the appellant board could be held to be state as defined in article 12. this court by a majority .....
Tag this Judgment!Court : Karnataka
..... laid down in union of india v. popular construction co. [(2001) 8 scc470 , mukri gopalan v. cheppilat puthanpurayil aboobacker [(1995) 5 scc5 , chhattisgarh seb v. central electricity regulatory commission [(2010) 5 scc23 , cce and customs v. hongo india (p) ltd. [(2009) 5 scc791 and gopal sardar v. karuna sardar [gopal sardar v. karuna sardar, ..... courts to resolve the controversy herein because the answer to the question framed above lies in the bare reading of section 29(2) of the limitation act. (reproduced above). 7.1 section 29 containing saving clause lays down various contingencies in which different nature of causes of action arising under different enactments ..... understanding of the principle of interpretation which has been relied upon. the principle discussed in the celebrated treatise in question is as follows: 15. when an amending act alters the language of the principal statute, the alteration must be taken to have been made deliberately. [ed.: as observed in d.r. fraser & co. .....
Tag this Judgment!Court : Supreme Court of India
..... identification as a deemed distribution licensee, in terms of the proviso to section 14(b) of the electricity act read with regulation 13 and schedule-2 of the andhra pradesh electricity regulatory commission (distribution licence) regulations, 20139 and section 49 of the sez act. upon the andhra pradesh reorganisation act, 2014 coming into force, the application was transferred to the tserc. d) by its aforesaid judgment and ..... court of india civil appellate jurisdiction civil appeal no.8978/2019 m/s sundew properties limited appellants versus telangana state electricity regulatory commission & anr. respondents judgment dipankar datta, j.the challenge1 this is a statutory appeal before us under section 125 of the indian electricity act, 20031. it registers a challenge to the judgment and order dated 27th september, 2019 passed by the appellate tribunal .....
Tag this Judgment!Court : Supreme Court of India
..... to avoid concentration of professional work in a few hands, to ensure which is also a duty cast upon the council in furtherance of its regulatory functions under the said act. as per the respondent- institute, the council is in the best position to have definite information about deterioration in the quality of work, as ..... schedules which have enumerated various kinds of misconducts are not exhaustive or static. with the passage of decades and with the emerging varieties of misdemeanour, omissions or commissions of chartered accountants which are not in consonance with professional ethics and would amount to misconduct can be t.c. (civil) no.29 of 2021 etc. ..... (civil) no.29 of 2021 etc. 10 provision providing for compulsory audit. in furtherance, it was noted that the working group of the administrative reforms commission had favoured compulsory audit by chartered accountants of persons with income over rs.50,000 but it was finally decided that due to limited number of chartered accountants .....
Tag this Judgment!Court : Supreme Court of India
..... act, 1997. xxvi of 1997 3. the jammu and kashmir agricultural income tax act, 1962. xxi of 1962 4. the jammu and kashmir state agricultural produce marketing ..... and 9 kashmir shall be omitted. (emphasis supplied) fifth schedule, table 3 of the act, 2019 table3state laws including governor's acts which are repealed in union territory of jammu and kashmir; and union territory of ladakh s. name of the act act/ordinance no.no.1. the jammu and kashmir accountability commission act, 2002. xxxviii of 2002 2. the jammu and kashmir advocates welfare fund .....
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