Court : Supreme Court of India
..... god prevents the compliance of the words of a statute, the statutory provision is not denuded of its mandatory character because of supervening impossibility 54 caused by the act of god. (see broom's legal maxims 10th edn. at pp. 162-163 and craies on statute law 6th edn. at p. 268). it is important to note that the provision in ..... to deal with evidence in the form of a printout from a computer was in r. vs. pettigrew.23 in that case, the printout from a computer operated by an employee of the bank of england was held to be hearsay. but the academic opinion about the correctness of the decision was sharply divided. while professor smith24 considered the evidence in ..... . (2) domestic public documents that are not sealed but are signed and certified. a document that bears no seal if: (a) it bears the signature of an officer or employee of an entity named in rule 902(1)(a); and (b) another public officer who has a seal and official duties within that same entity certifies under seal or its .....
Tag this Judgment!Court : Supreme Court of India
..... shown that in practice any discrimination has been made." in basant kumar sarkar (supra), the power in question was section 1(3) of the employees state insurance act, which enabled the government to extend the enactment to establishments. this court negatived that the power was ultra vires: 4. the argument is that ..... not an illustration of delegated legislation at all; it is what can be properly described as conditional legislation. the act has prescribed a self-contained code in regard to the insurance of the employees covered by it; several remedial measures which the legislature thought it necessary to enforce in regard to such workmen ..... order approve the resolution plan which shall be binding on the corporate debtor and its employees, members, creditors, guarantors and other stakeholders involved in the resolution plan. the relevant provisions of the indian contract act are extracted below: 128. surety s liability. the liability of the surety is co- extensive with that of the principal .....
Tag this Judgment!Court : Supreme Court of India
..... offered was rs.2.90/kwhr. it is thereafter that it was indicated that the price was to be exclusive of the electricity tax, adjustment towards inflation, compensation towards foreign exchange variations, provision for fuel escalation charges, maintenance of power plant, for force majeure conditions. the proposal was to supply power for an initial period ..... 14 protection to be provided, etc. should not be done and only the cost per unit presently being offered from other sources should be compared. further, to compensate for the variation in rupee against the dollar, the increase in consumer price index, interest rate on working capital etc., it was also decided that some annual ..... proposals for setting up captive power plants under section 44 would not come under the purview of sections 29 to 31 of the supply act, 1948, which related to the cea s detailed scrutiny and techno economic clearance. it was added that the intention was that in view of the large demand supply gap existing industries .....
Tag this Judgment!Court : Supreme Court of India
..... law.47. the earliest legislation with regard to right of female inheritance was made in 1929 called the hindu law of inheritance act, 1929. this act conferred inheritance right to three female heirs- son's-daughter, daughter's-daughter and sister. thus, bringing about restrictions on the exclusive rule of survivorship. the next legislation was the hindu women ..... s right to property act 1937. this act enabled the widow to succeed along with the son of the deceased in equal share to the property of her deceased husband. however, the ..... which were till then unknown in relation to women's property. however, it does not interfere with the special rights of those who are members of hindu mitakshara coparcenary except to provide rules for devolution of the interest of a deceased male in certain cases. the act-lays down a uniform and comprehensive system of inheritance .....
Tag this Judgment!Court : Supreme Court of India
..... liability for nuclear damage, 1963 is yet another convention. india s civil liability for nuclear damage act, 2010 or the nuclear liability act mainly rests on the above conventions, though india is not a signatory to those conventions. india s nuclear liability act aims to provide a civil liability for nuclear damage and prompt compensation to victims of a nuclear incident through a no fault liability ..... adopted their own legislation on the issue of civil and criminal liability. the u.s. price-anderson act, 1957, the german atomic energy act (1959), the swiss federal law on the exploitation of nuclear energy for peaceful purposes and protection from radiation (1959) and the japanese law on the compensation of nuclear damage (1961) are some of them. few of such legislations followed the .....
Tag this Judgment!Court : Supreme Court of India
..... had entertained subsequent special leave petitions filed by the state questioning the order of the high court against the grant of compensation for illegal utilisation of their land despite the fact that the special appeals filed against similar orders passed by the high ..... arbitrary and verging on administrative tyranny, and burdening the tribunal and this court with utmost unwanted matters, and harassing the retired employee in the evening of his life. 16. slp (c) no.15134/2010 filed against the order of the patna high ..... .1996, challenged o.m. dated 29.10.1999 by filing applications under section 19 of the administrative tribunals act, 1985 (for short, the act ) and prayed that the same may be quashed and the respondents be directed to include the element of ..... in v. kasturi v. managing director, state bank of india, bombay and anr., the apex court pointed that in d.s. nakara's case (supra) a distinction has been made between a new scheme and a liberalized pension scheme. when a new scheme .....
Tag this Judgment!Court : Supreme Court of India
..... steels ltd. (misl), new delhi, rita singh (a-3), director m/s misl, deepak singh (a-4) and proprietor kesoram refractory, new delhi, under section 120b read with sections 420, 467, 471 ipc and section 13(2) read with section 13(1)(d) of the pc act and substantive offences under sections 420, 467, 468 and 471 ipc and ..... chairman and managing director of the bank of maharashtra, pune, who was working as deputy general manager of bank of maharashtra along with accused nos. 9 and 10, the employees of the bank of maharashtra, entered into a criminal conspiracy with an intent to cheat the bank, with the appellant (accused no.2) and accused nos. 3 and ..... servant. an offence under section 7 or 11 could also be abetted by a non- public servant, for which punishment has been prescribed under section 12 of the pc act. section 8 deals with the taking gratification, by corrupt or illegal means, to influence public servant. section 9 deals with taking gratification, for exercise of personal influence with .....
Tag this Judgment!Court : UK Supreme Court
..... that the accused finds himself in at the investigation stage of the proceedings. the point is made that in the majority of cases this vulnerability can only be adequately compensated for by the presence of a lawyer whose task it is, among other things, to help to ensure that the right of an accused not to incriminate himself is ..... . on 29 may 2009 the appellant was convicted on all charges and on 26 june 2009 he was sentenced to 250 hours community service. the sheriff also imposed a compensation order for 500. on 9 july 2009 the appellant lodged intimation of his intention to appeal against his conviction. on 12 october 2009 he lodged a note of appeal ..... to inform the accused that he had the right to confer with a lawyer: hm advocate v goodall (1888) 2 white 1. therefore, once the 1887 act was in force, an accused's right not to incriminate himself at his judicial examination was protected by the right to a private interview with his lawyer before the examination. at first sight, the .....
Tag this Judgment!Court : Supreme Court of India
..... only the cpcb to consider the initiation of prosecution in the light of the applicable statutory regime, while ordering the manufacturers to deposit rs.500 crores as compensation for the damage caused to the environment.23. therefore, the order of the ngt, passed on the applications filed by certain individuals not claiming as purchasers ..... to show why we cannot agree with the above contention of the learned senior counsel appearing for the petitioner.30. section 110(1) of the motor vehicles act, 1988 empowers the central government to make rules, regulating the construction, equipment and maintenance of motor vehicles with respect to all or any of the matters ..... makers installing a software that manipulate exhaust emissions, depending upon whether the car ran on a test stand or on the road. after the european commission s joint research centre found in 2011 that the levels of harmful no emissions far exceeded the x prescribed levels, a study conducted by the international council on .....
Tag this Judgment!Court : Supreme Court of India
..... in a transit accommodation and if it is not available then cash compensation is to be provided. but the displaced persons cannot occupy government accommodation. if a retired government employee had no residence, they have an option to avail transit accommodation or to receive cash compensation in the place of transit accommoda- tion. the right of shelter ..... 36. in the light of the above views, the allocation of government bungalows to constitutional functionaries enumerated in section 4(3) of the 1981 act after such functionaries demit public office(s) would be clearly subject to judicial review on the touchstone of article 14 of the constitution of india. this is particularly so as such bungalows ..... destiny on the midnight of 14-8-1947. we have no doubt that all the public functionaries would so act that the meeting with destiny really sees the dawn of an era of hope for all.10. in s.d. bandi, the occupation of a government accommodation by the members of three branches of the state i.e .....
Tag this Judgment!