Court : Supreme Court of India
..... have entertained the petition under article 227 of the constitution and should have directed the respondent to take recourse to the appeal mechanism provided by the act.51. in cct v. indian explosives ltd. [(2008) 3 scc688 the court reversed an order passed by the division bench of the orissa high court quashing the show-cause notice ..... krishnan (2001) 6 scc569this court considered the question whether a petition under article 227 of the constitution was maintainable against an order passed by the tribunal under section 19 of the drt act and observed: (scc p. 570, paras 5-6) 5. in our opinion, the order which was passed by the tribunal directing sale of mortgaged ..... ground of lack of territorial jurisdiction.32. no reason could be assigned by the appellant's counsel to demonstrate why the appellate jurisdiction of the high court under section 35 of fema does not provide an efficacious remedy. in fact there could hardly be any reason since the high court itself is the appellate forum.7. .....
Tag this Judgment!Court : Supreme Court of India
..... entertained the petition under article 227 of the constitution and should have directed the respondent to take recourse to the appeal mechanism provided by the act. 7 51. in cct v. indian explosives ltd. [(2008) 3 scc688 the court reversed an order passed by the division bench of the orissa high court quashing the show-cause notice ..... krishnan (2001) 6 scc569this court considered the question whether a petition under article 227 of the constitution was maintainable against an order passed by the tribunal under section 19 of the drt act and observed: (scc p. 570, paras 5-6) 5. in our opinion, the order which was passed by the tribunal directing sale of mortgaged ..... ground of lack of territorial jurisdiction.32. no reason could be assigned by the appellant's counsel to demonstrate why the appellate jurisdiction of the high court under section 35 of fema does not provide an efficacious remedy. in fact there could hardly be any reason since the high court itself is the appellate forum.7. .....
Tag this Judgment!Court : Supreme Court of India
..... in terms of the lease agreement which was more the less to be used as safety, 32 testing zone etc., as amended by the government under the provisions of the explosives act and rules. the pahanies for the year 2003-2004 filed by the applicant no.2 mutt vide ex.p17 (a-d) say that the lands covered by ex.p1 to ..... .a4 in favour of r2, executed by the 2nd applicant math for the entire petition schedule property are not in subsistence by virtue of the provisions of the endowments act 30/87 (sec.82 r/w. the rules made there under vide goms. nos. 866 & 379 of 2003 with amendments to it in goms no.160 of 2010)?.56. the mutt has ..... and endowments immovable properties and other rights (other than agricultural land) leases and licenses rules, 2003 will have no application to the agricultural land in view of the fact that section 82(3) and (4) is applicable only to the land and property which is not agricultural. since the land has been found to be agricultural, therefore, 2003 rules would not .....
Tag this Judgment!Court : Supreme Court of India
..... positively. however, there was a pressing need to decongest the trial courts, in commercial matters in particular, as they bear the brunt of docket explosion. it is noteworthy that section 12a provides for a bypass and a fast-track route without for a moment taking the precious time of a 57 court. at this juncture, ..... among the high courts. the other feature which is to be noticed is that, this is a case where the law in question, the amending act containing certain section 12a is a toddler. the law necessarily would have teething problems at the 94 nascent stage. the specified value has been lowered drastically from rs.1 ..... not in session and immediate action was required to be taken to make necessary amendments in the commercial courts, commercial division and commercial appellate division of high courts act, 2015, to further improve india's ranking in the 'doing business report', the president promulgated the commercial courts, commercial division and commercial appellate division of high .....
Tag this Judgment!Court : Supreme Court of India
..... (control) act, 1968; (xi) section 57 of the wild life (protection) act, 1972; (xii) section 18 ..... and 113b of the indian evidence act, 1872; (iii) section 139 of the negotiable instruments act, 1881; (iv) section 9 of the opium act, 1878; (v) section 9b of the explosives act 1884; (vi) section 7 of the prevention of food adulteration act, 1954; (vii) section 10c of the essential commodities act, 1955; (viii) section 138a of the customs act, 1962; (ix) section 43e of the unlawful activities (prevention) act, 1967; (x) section 98-b of the gold .....
Tag this Judgment!Court : Supreme Court of India
..... such vehicle or attached thereto except for loss or damage arising directly from fire, explosion self-ignition or lightening or burglary housebreaking or theft. b) under section ii except so far as is necessary to meet the requirements of the motor vehicles act, 1988, in respect of liability incurred by the insured arising out of the operation ..... with the concurrent findings of fact in the judgments impugned before it, particularly having regard to the nature of jurisdiction conferred upon it by section 21 of the consumer protection act 1986: 17. the national commission has to exercise the jurisdiction vested in it only if the state commission or the district forum has either ..... . 12 counsel appearing on behalf of the appellant submitted that ncdrc could not have reappreciated the facts in its revisional jurisdiction of ncdrc under section 21(b) of the consumer protection act 1986. in a judgment of a three judge bench in lourdes society snehanjali girls hostel v h&r johnson (india) ltd,6 this .....
Tag this Judgment!Court : Supreme Court of India
..... 05.08.2013 to 16 the extent of withdrawal of additional charges under sections 3(3), 5 and 6 of the tada, sections 4(b) and 5 of the explosive substances act, sections 25(1-a), (1-b)(a) read with section 387 of the arms act, as well as section 9-b of the explosives act, 1884. the court observed that the offences for which the appellant was extradited to ..... order, however, declined extradition for offences such as sections 201, 212, 324, 326, and 427 of the ipc, sections 3(4), 5 and 6 of the tada, sections 4 and 5 of the explosive substances act, 1908 (hereinafter referred to the explosive substances act ), section 9- b of the explosive act, 1984 and sections 25(1-a) and (1-b) of the arms act.10. the ambassador of india in lisbon gave .....
Tag this Judgment!Court : Supreme Court of India
..... 1150 hours shri m. k. tandon left for naroda patiya. (f) on reaching naroda patiya area around 1220 hours shri tandon found the situation to be very explosive and requested commissioner of police for imposition of curfew in naroda patiya. the commissioner of police, ahmedabad city agreed with the request made by shri tandon and curfew was ..... any provisions of law. observation made by ld. amicus curiae: the statement of shri rb. sreekumar cannot be discarded as hearsay, in the light of section 6 of the evidence act. result of further investigation: as far as allegation, which suggests that a statement was made by the chief minister shri narendra modi on 27.02.2002, ..... be resorted to deal firmly with violators, to arrest all ring leaders and people whose names figured in the fir, to conduct combing operations to recover arms/explosives and other material used or likely to be used in the present situation and also to recover all stolen/looted property. dgp was also requested to initiate action .....
Tag this Judgment!Court : Supreme Court of India
..... high courts etc officers as special judicial/metropolitan magistrates for a fixed pay be explored.5. special magistrate s courts for conducting trial of cases under the ni act can be constituted under section 18 of cr.p.c, 1973 (along with s.13, cr.p.c). there is authority for this course of action (ref. kadra pahadiya ..... powers under article 247 to tackle the problem of docket explosion. the expert committee proposed a scheme with two grades of judges at the trial court level and two at the appellate/revision stage. according to the expert ..... constituted to consider various suggestions with respect to streamlining the procedure of arresting the judicial docket, in regard to complaints and trials for offences under the negotiable instruments act. the expert committee, by its report has suggested the creation of de novo special ni courts 1 (2021) scconline sc3252 by the central government vide its .....
Tag this Judgment!Court : Supreme Court of India
..... offences under the indian penal code, 1860 (for short, ipc ), the arms act, 1951, the explosive substances act, 1908, the passport act, 1967, the foreigners act, 1946, the indian wireless 1 | pa ge telegraphy act, 1933 and the terrorist and disruptive activities (prevention) act, 1987 (for short, tada ). he was sentenced to death by the designated ..... a list of cases wherein this court, in the specific facts and circumstances of those cases, has directed release of the prisoner convicted under section 302 simpliciter or along with other offences, taking note of the prolonged period of incarceration, educational qualifications obtained during the period of incarceration, conduct ..... opinion (speaking for himself and sapre, j.), answered the question as under 219. we are, however, concerned in the present case with offence under section 302 ipc simpliciter. the respondent convicts stand acquitted insofar as offences under the tada are concerned. we find force in the submissions of mr rakesh .....
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