Court : Supreme Court of India
Decided on : Oct-11-2006
Reported in : AIR2006SC3385; JT2006(9)SC72; (2006)4MLJ1555(SC); 2006(10)SCALE98; (2006)8SCC161
..... any law relating to a matter to which the executive power of the state extends.the provision corresponding to article 72 in the government of india act 1935 (in short 'the government act') was section 295 which reads as follows:(1) where any person has been sentenced to death in a province, the governor-general in his discretion shall ..... accordance with the provision of the constitution. since such material would be exclusively within the knowledge of the union government, in view of the provision of section 106 of the evidence act, the burden on proving the existence of such material would be on the union government.19. the position if the government chooses not to disclose the ..... article 161 of the constitution have not been so provided specifically that would not mean that such power was not intended to be exercised. 21. sections 14 and 21 of the general clauses act deal with powers conferred to be exercisable from time to time and a power to issue, to include power to add to, amend, vary .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-11-2006
Reported in : 2007CriLJ20; II(2006)DMC757SC; [2007(1)JCR293(SC)]; JT2006(9)SC50; 2006(10)SCALE190; (2006)10SCC681; [2006]148STC638(SC)
..... link of the process. many facts relating to this illicit business remain in the special or peculiar knowledge of the person concerned in it. on the principle underlying section 106, evidence act, the burden to establish those facts is cast on the person concerned; and if he falls to establish or explain those facts, an adverse inference of facts ..... that the prosecution had failed to establish the charge of murder against the accused persons beyond any reasonable doubt. this court took note of the provisions of section 106 of the evidence act and laid down the following principle in paras 31 to 34 of the reports:31. the pristine rule that the burden of proof is on the ..... be of the same degree as is required in other cases of circumstantial evidence. the burden would be of a comparatively lighter character. in view of section 106 of the evidence act there will be a corresponding burden on the inmates of the house to give a cogent explanation as to how the crime was committed. the inmates of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-17-2006
Reported in : 133(2006)DLT605(SC); 2006(10)SCALE246; (2006)10SCC490
..... is, therefore, necessary that the development in the city should have environmental clearance. we, therefore, direct the central government to constitute an authority under section 3(3) of the act and confer on the said authority all the powers necessary to deal with the environmental protection issue arising out of the project in hand or any other ..... environment impact assessment of the area has to be done by the experts. we are of the view that the authority contemplated by section 3(3) of the environment (protection) act, 1986 ('the act') can be the only appropriate authority to look into the environment protection side of the present project or any other project which the ..... and environment protection to be appointed by the central government. the central government shall confer on the said authority the powers to issue directions under section 5 of the act and for taking measures with respect to the matters referred to in clauses (i), (iii), (iv), (vi), (viii), (ix), (x) and (xii) .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-2006
Reported in : 2007(4)ALD105(SC); 2007(5)ALLMR(SC)475; (SCSuppl)2007(2)CHN40; 2007(3)CTC170; 2008(1)KLJ463; 2006(10)SCALE393; (2006)8SCC457
..... nath kapur (supra). that apart, we are inclined to respectfully agree with the reasoning in prem nath kapur (supra) that on the wording of section 34 and section 28 of the act read with and understood in the light of the stages of the award of compensation, the question of appropriation would be at different stages and a ..... and shall pay it to them unless prevented by the contingencies referred to in section 31 itself. under section 34 of the act, when the amount of compensation awarded is not paid or deposited on or before taking possession of the land, the collector shall pay the ..... give notice of his award to persons interested. on making the award, the collector may take possession of the land in terms of section 16 of the act. under section 31, on making an award under section 11, the collector shall tender payment of the compensation awarded by him to the persons interested entitled thereto according to the award, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-2006
Reported in : IV(2006)ACC628; AIR2007SC839; JT2006(9)SC454; 2006(11)SCALE15; (2006)8SCC613; 2007AIRSCW556
..... remains in madhya pradesh ** * (5)vehicles permitted to carry more than six passengers and plying as contractcarriage on special permit granted under sub-section (8) of section 88 of themotor vehicle act 1988 by the other state for each scat (other than thedriver) which the vehicle is permitted to carry. 50paise for ordinary bus and re. ..... for under the statutes enacted by each state. the state of madhya pradesh for the said purpose enacted the 1991 act. section 2(c) of the 1991 act defines 'tax' to mean a tax leviable under the act. section 3 provides that a tax shall be leviable on every motor vehicle used or kept for use in the state at ..... (3)vehicle permitted to carry more than six passengers and plying as contractcarriage covered by all india tourist permit issued by other state under sub-section(9) of section 88 of the motor vehicles act, 1988 for each seat (excludingdriver) which the vehicle is permitted to carry. rs. 40.00 per seat per day for the entire periodvehicle .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-2006
Reported in : 2006(112)ECC229; 2006LC229(SC); 2006(203)ELT353(SC); JT2006(9)SC361; 2006(10)SCALE480
..... to imprisonment which may extend to two years. he can also be fined to an unlimited extent. the foreign exchange lost can be retrieved by a court acting under section 23(1-b). this may be true that the exporter is liable as stated above. but what about persons concerned in the illegal export? it is ..... both the situations. 7. in prayag exporters pvt. ltd. v. commissioner of customs, mumbai the tribunal proceeded on the basis that clause (d) of section 113 of the customs act would not apply to cases where the export of goods is prohibited. the tribunal in arriving at the said conclusion referred to two of its earlier decision ..... staff employed by respondents and respondents themselves. it was found that respondents have committed a fraud. he, therefore, directed confiscation of the goods in terms of section 113 of the customs act. an appeal there against was preferred by respondents before the customs, excise & service tax appellate tribunal. by reason of the impugned judgment and order dated .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-2006
Reported in : AIR2007SC2; 2007(1)AWC45(SC); JT2006(9)SC349; 2006(10)SCALE488; 2006(2)LC1398(SC)
..... clause 21a was circulated by the communication dated 27.11.2001 and it was subsequently followed by the formal notification in terms of section 49 of the supply act read with section 79(j) of that act. the first respondent having applied for a fresh connection only on 1.1.2002, the application would be governed by the terms ..... if it is helpful, for attacking the insertion of such a condition for supply of electrical energy. this court was essentially dealing with the construction of section 24 of the electricity act in arriving at its conclusion. the question of correctness or otherwise of the decision in isha marbles (supra) therefore does not arise in this case ..... decision in isha marbles (supra) is by itself not an answer to the validity of clause 21a of the terms and conditions inserted by notification. under section 49 of the supply act, the licensee or rather, the electricity board, is entitled to set down terms and conditions for supply of electrical energy. in the light of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-2006
Reported in : AIR2007SC226; 2007(1)AWC266(SC); (SCSuppl)2007(1)CHN68; JT2006(9)SC404; 2006(10)SCALE596
..... effect of the sale deed vis--vis the respondent no. 3, as we have noticed hereinbefore, would be different having regard to the provisions contained in section 41 of the transfer of property act. in the event a partition suit is filed, which property shall be allowed in the share of the respondent no. 3 is not a matter ..... 1, in law was not entitled to inherit their father's share in the properties but for the provisions of the hindu succession act, which brought statutory change. admittedly, by reason of section 8 of the hindu succession act, they became heirs of their father in terms whereof the sister's share is equal to that of the brothers. if they ..... husband as she was not an heir. however, she became an heir by reason of the provisions of the hindu succession act. 10. hindu succession act was enacted to codify the law relating to intestate succession amongst hindus. section 4 of the act provides that the same has an overriding effect over other laws for the time being in force. sub .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-2006
Reported in : [2006(111)FLR895]; (2007)1GLR133; [2007(1)JCR57(SC)]; (2007)ILLJ225SC; 2007(1)MhLj873; 2006(10)SCALE452; (2006)8SCC544; 2007(2)SLJ72(SC)
..... that the electrification project had come to a close. if the services of a project employee is terminated, it is trite that statutory requirements of section 25f of the act are required to be complied with, but, indisputably, respondent was given one month's notice pay as also the retrenchment compensation in compliance thereof. ..... and directing reinstatement of respondent. 4. mr. r. mohan, learned additional solicitor general appearing on behalf of appellants inter alia submitted that the provisions of section 25n of the act will have no application to the facts and circumstances of the case. mr. s.c. patel, learned counsel appearing on behalf of respondent, on the ..... retrenched having regard to the principle of 'last come first go'. it was also contended that while passing an order of retrenchment, the provisions of section 25n of the act was not complied with. the tribunal dismissed the said original application. a writ petition came to be filed wherein the same pleas were raised by .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-2006
Reported in : 2006(112)ECC545; 2006LC545(SC); 2006(203)ELT538(SC); JT2006(9)SC426; 2006(11)SCALE1; (2006)10SCC704; 2006(2)LC1417(SC)
..... amended by notification no. 51/97 dated 2.6.1997.exemption notification and its relevant entries:2. the central government in exercise of powers conferred by sub-section (1) of section 25 of the customs act, 1962 issued a notification no. 11/97 dated 01.03.1997 in public interest to exempt certain goods mentioned in the table of the notification read with .....
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