Court : Supreme Court of India
..... decision on these agreements. the relevant agreements for the present purpose are the agreements dated 06.10.1975 and 19.12.1975.35. the tribunal in chapter iv of the award has noted that the entire area drained by the river and its tributaries is called river basin. the expressions godavari basin , godavari ..... constituted the tribunal and referred to the tribunal for adjudication the water dispute regarding the inter-state godavari river and river valley thereof. on 18.07.1970, the central government at the request of maharashtra referred to the tribunal the dispute concerning the submergence of its territories by the pochampad, inchampalli, swarna and ..... connecting villages on either sides of the godavari and manjira rivers.8. the wrongs against which redress is sought are, first, maharashtra s illegal and unauthorised act of construction of babhali barrage within the reservoir bridge of pochampad dam contrary to the award and without any right and entitlement; and, second, maharashtra s .....
Tag this Judgment!Court : Supreme Court of India
..... years in the field of transport or foreign trade; (c) a member from amongst persons having experience of not less than fifteen years in the field of finance with special reference to investment or cost analysis in the government or in any financial institution or industrial or services sector. [4]. 111.power of central government ..... to issue directions to board - (1) without prejudice to the foregoing provisions of this chapter, the authority and every board shall, in the discharge of its functions under this act, be bound by such directions on questions of policy as the central government may give in writing to it from time ..... in a public body (statutory corporation) performing important public functions. in the matter of creating rights and/or conferring privileges such a body is required to act in public interest under some rational policy. we have already noticed that the board is bound by the policy directions given by the government of india under .....
Tag this Judgment!Court : Supreme Court of India
..... kumar satyawadi vs. state of punjab6, maharashtra state financial corporation vs. jaycee drugs & pharmaceuticals (p) ltd.7 and asnew drums (p) ltd. vs. maharashtra state finance corporation8. in support of the contention that the order of the district judge/appellate officer would be amenable only to jurisdiction under article 227 of the constitution of india, ..... the full bench in the case of prakash securities [2012 (4) bom. c.r. 1]. (supra) found that clause 3 of the rule 18 of chapter xvii of the bombay high court appellate side rules 1960 was wide enough to include orders passed by any quasijudicial authority under any enactment, even if such explanation is ..... whether a writ petition arising out of order passed under the public premises (eviction of unauthorized occupants) act, 1971 should be placed before a learned single judge of this court in accordance with rule 18 (3) of the chapter xvii of the bombay high court appellate side rules, 1960 or should be placed before a division bench .....
Tag this Judgment!Court : Supreme Court of India
..... of the state towards the prevention of disabilities: and to create a barrier free environment for persons with disabilities. under its chapter viii, titled non-discrimination , the disabilities act, 1995 aimed to provide persons with disabilities with a non-handicapping environment to ensure them equal opportunities and full participation in ..... 10-2-2001 see report of united nations consultative expert group meeting on international 9 perspective came to fore, in international thinking, in the 1970s when united nations took number of initiatives, which embrace the growing international concept of the human rights of persons with disabilities and equalization of ..... section 2(b) - appropriate government means, (i) in relation to the central government or any establishment wholly or substantially financed by that government, or a cantonment board constituted under the cantonments act, 2006 (41 of 2006), the central government; (ii) in relation to a state government or any establishment, wholly .....
Tag this Judgment!Court : Supreme Court of India
..... of haryana and another2, the court observed:- 1 (2005) 6 scc281: air2005sc31002(2003) 4 scc675: air2003sc13866 "there is no doubt that the object of introducing chapter xx-a containing section 498a in the indian penal code was to prevent the torture to a woman by her husband or by relatives of her husband. section 498a ..... and opinions but the court is not expected to sit as an appellate authority on an opinion. 18 (1989) 4 scc18719 (2015) 2 scc79620 (2004) 9 scc36221 (1970) 1 scc24822 (1994) 2 scc69123 (1997) 7 scc59224 (2011) 7 scc63925 (1998) 4 scc11734 38. in the aforesaid analysis, while declaring the directions pertaining to family ..... a serious impact on society. similarly, any compromise between the victim and the offender in relation to the offences under special statutes like the prevention of corruption act or the offences committed by public servants while working in that capacity, etc.; cannot provide for any basis for quashing criminal proceedings involving such offences. but .....
Tag this Judgment!Court : Supreme Court of India
..... acquiring a certain right while the latter viz. the limitation, bars a remedy, in short, prescription is a right conferred, limitation is a bar to a remedy. chapter ii of the portuguese civil code provides detailed articles pertaining to prescription. corpus juris secundum, vol. 72 described the word prescription as below: in law prescription is ..... an express repeal was never felt by reason of the factum of adaptation of the indian contract act insofar as chapter iii is concerned. either the chapter survives in its entirety or it perishes in all its spheres it is one chapter dealing with contract and prescribes the period of enforcement of the same, no dissection is possible.16 ..... 2 scc3517 (1994) 4 scc118 (2000) 7 scc70219 (2017) 11 scc34537 was acquired by vassudev govekar from communidade of anjuna under no.131/1963 on 24-2-1970 as a permanent grant for the construction of the house. in order to prove this ownership, not only the said grant was produced on record, the plaintiffs also filed .....
Tag this Judgment!Court : Supreme Court of India
..... regard to allegations against the appellant was taken as per the provisions of the manual of the anti- corruption bureau, maharashtra. heavy reliance is placed on chapter iv of the anti-corruption manual rules, which provides for conducting the investigation including discrete enquiry and open enquiry . 95.7 it is further submitted that ..... case of lalita kumari (supra), this court also took note of the decision of this court in the case of p. sirajuddin v. state of madras (1970) 1 scc595in which case this court expressed the need for a preliminary enquiry before proceeding against public servants. while expressing the need for a preliminary enquiry before ..... of corruption, it is observed in the case of p. sirajuddin (supra) that before a public servant, whatever be his status, is publicly charged with acts of dishonesty which amount to serious misdemeanour or misconduct of indulging into corrupt practice and a first information is lodged against him, there must be some suitable preliminary .....
Tag this Judgment!Court : Supreme Court of India
..... to be complied with and cannot be violated. thus, on equitable principles also, such a period has to be excluded. in industrial finance corpn. of india ltd. v. cannanore spg. & wvg. mills ltd. [(2002) 5 scc54, this court observed that where law ..... mahavir prasad [(1999) 8 scc266, an election petition was to be presented in the manner prescribed in rule 6 of chapter xxi-e of the patna high court rules. the rules stipulated that the election petition, could under no circumstances, be presented ..... wrong order should not be perpetuated by keeping it alive and respecting it (a. arunagiri nadar v. s.p. rathinasami [1970 scc online mad 63].). in the exercise of such inherent power, the courts have applied the principles of restitution to myriad ..... awards (and compensation payments, pursuant to such proceedings were concerned) the period provided for making of awards under the 2013 act (sic 1894 act) could be excluded by virtue of explanation to section 11-a. [ 11-a. period within which an award shall .....
Tag this Judgment!Court : Supreme Court of India
..... the resolution professional shall exercise powers and perform duties as are vested or conferred on the interim resolution professional under this chapter. (3) in case of any appointment of a resolution professional under sub- sections (4) of section 22, ..... (1) the interim resolution professional shall perform the following duties, namely (a) collect all information relating to the assets, finances and operations of the corporate debtor for determining the financial position of the corporate debtor, including information relating to (i) ..... be applied to the discharge of the interest. this court in meghraj v. bayabai [(1969) 2 scc274 (1970) 1 scr523 reiterated the position of law and held that the normal rule was that in the case of ..... a notice under section 13(2) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002 (sarfaesi act) in order to enforce security interests against the corporate debtor. on 14th october 2013, the appellant, through .....
Tag this Judgment!Court : Supreme Court of India
..... benefit will go to the accused. in indian legal system the provision regarding burden of proof and how it is to be discharged are grandeurly laid down in chapter vii of the evidence act, 1872. the rule is that whoever alleges a fact must prove it. in a criminal trail it is the prosecution who alleges that the accused has ..... the cost of rs. 4,15,344/ by respondent s wife tmt. s. suguna from her independent resources derived from s.k. mat industries and other income and lic finance housing loan. ii. item no.2 was purchased by respondent s wife out of her independent income derived from s.k. mat industries. 25 iii. item no.12, the ..... if, upon such consideration, examination, if any, and hearing, the magistrate is of opinion that there is ground for presuming that the accused has committed an offence triable under this chapter, which such magistrate is competent to try and which, in his opinion, could be adequately punished by him, he shall frame in writing a charge against the accused. (2) .....
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