Court : Supreme Court of India
..... governments have not been able to successfully perpetrate any stable and result-oriented solution to reduce the huge pendency of criminal cases before the courts. the finances, infrastructure and existence of adequate posts are the prime considerations which would weigh with any authority or court while taking any policy decisions or passing ..... example, in 1988 the legislature amended the provisions of the negotiable instruments act, 1881, inserting chapter xvii (section 138to section 142) by the amending act 66 of 1988. again, vide the amending act 55 of 2002, the punishment prescribed under section 138 of that act was amended and the period of notice was also reduced to 15 ..... a mandamus order against the defendants therein to appropriate and pay an amount of us $2,458,000 and made final his injunctive order dated27th july, 1970 against adjustment.the court took the above view in exercise of its inherent powers, it being a basic precept of the constitutional form of republic government .....
Tag this Judgment!Court : Supreme Court of India
..... payments from time to time out of the said consideration amount. in may 1991, the defendants got the said suit premises vacated from m/s peerless general finance company limited. the plaintiffs have immediately approached the defendants to receive the balance consideration but the same was avoided by the defendant. a public notice was, ..... defendant, getting all permissions, sanctions etc., the defendant shall have the right to forfeit the money. plantiff s further case was that m/s peerless general finance company limited has given a security deposit of rs. 25 lakhs approximately and did not vacate the premises and called upon the defendants that they will vacate ..... . 30. at this juncture, we would also like to refer section 19 of the specific relief act which reads as under: 19. relief against parties and persons claiming under them by subsequent title. except as otherwise provided by this chapter, specific performance of a contract may be enforced against- (a) either party thereto; (b) .....
Tag this Judgment!Court : Supreme Court of India
..... not enter into or make any bona fide arrangement, contract or understanding whereby the lessee will or may directly or indirectly be financed to a substantial extent in respect of its operations or undertakings or be substantially controlled by any person or body of persons. ..... consider this at the appropriate stage. suffice it to say for the time being that the commission made certain significant observations in chapter ii of the report to the effect that: a that the tribals in the area have been displaced or stay in pathetic ..... mineral bearing areas of odisha, which has been registered vide registration number 23354/74 of 2011-12 under the societies registration act, 1860 to act as spv for the purpose. it is now proposed to wind up the said society and to replace it with ..... opinion that the marginal note penalties cannot be pressed into service for giving such colour to the meaning 11 (1969) 3 all er1640: (1970) 2 wlr279(hl) w.p. (c) nos. 114/2014 etc. page 76 of 114 of sub-section (5) as it .....
Tag this Judgment!Court : Supreme Court of India
..... and does furnish bail, and every person released on bail under this sub-section shall be deemed to be so released under the provisions of chapter xxxiii for the purposes of that chapter; (b) no magistrate shall authorise detention in any custody under this section unless the accused is produced before him; (c) no magistrate ..... law commission of india were carefully examined and then accepted. the basic considerations for acceptance, as mentioned in the statement of objects and reasons dated 7-11-1970 for introducing the (new) code of criminal procedure, 1973 were:12. 3. the recommendations of the commission were examined carefully by the government, keeping in ..... a practice of doubtful legal validity has therefore grown up. the police file before a magistrate a preliminary or incomplete report, and the magistrate, purporting to act under section 344, adjourns the proceedings and remands the accused to custody. in the fourteenth report, the law commission doubted if such an order could be .....
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..... invest him with all or any of the powers conferred on the financial commissioner by this act. 9. in terms of the notification vesting powers of the finance commissioner apparently under section 59 it is that the excise commissioner has made the rules haryana liquor licence rules 1970. it is undoubtedly true that section 13 forbids delegation of power under section 58 inter ..... from the general superintendence of the financial commissioner as the state government may notify under section 8 of the punjab excise act, 1914. 7 4. every license shall be granted to a particular licensee in respect of particular premises/area. 9. chapter d of the punjab intoxicants license and sales orders, 1956 (hereinafter referred to as the order ) provides for the number .....
Tag this Judgment!Court : Supreme Court of India
..... coal mining in the state of meghalaya. he, however, submits that there are no powers with the district magistrate or state officials under the mines act, 1952. chapter ii of the mines act, 1952 deals with inspectors and certifying surgeons. section 5(3) provided that the district magistrate may exercise the powers and perform the duties of an ..... or (c) the damage to public health is broadly measurable; environmental consequences relate to a specific activity or a point source of pollution; (ii) the 57. chapter iii of the act deals with jurisdiction, powers and proceedings of the tribunal. sections 14 and 15 which are relevant in the present case are as follows: to 14. tribunal to ..... land in which the minerals vest in a person other than the government. in exercise of powers under section 13 of the act, the mineral concession rules, 1960 have been framed. 44 40. chapter v deals with the procedure for obtaining a prospecting licence or a mining lease in respect of a land in which the minerals .....
Tag this Judgment!Court : Supreme Court of India
..... fund. we need to notice the nature and character of these funds for appreciating the submissions made by the learned counsel for the parties. chapter ix of the disaster management act, 2005 deals with finance, accounts and audit. section 46 provides for national disaster response fund. section 46 reads:51. 46. national disaster response fund. (1) the ..... constitution of the trust : prime minister is the ex-officio chairman of the pm cares fund and minister of defence, minister of home affairs and minister of finance, government of india are ex-officio trustees of the fund. the chairperson of the board of trustees (prime minister) shall have the power to nominate three trustees ..... clauses (a), (b) and (c). (4) the national plan shall be reviewed and updated annually. (5) appropriate provisions shall be made by the central government for financing the measures to be carried out under the national plan. (6) copies of the national plan referred to in sub-sections (2) and (4) shall be made .....
Tag this Judgment!Court : Supreme Court of India
..... supplied) diplock lj also stated: but one thing, i think, is clear in legal principle, morality and the authorities (see yorkshire railway wagon co v maclure and stoneleigh finance ltd. v phillips), that for acts or documents to be a sham, with whatever legal consequences follow from this, all the parties thereto must have a common intention that the ..... said: (scc p. 287, para 28): 28. it is, however, becoming increasingly fashionable to start with some theory of what is basic to a provision or a chapter or in a statute or even to our constitution in order to interpret and determine the meaning of a particular provision or rule made to subserve an assumed "basic" requirement ..... apt to seriously mislead us unless the tendency to use such a mode of construction is checked or corrected by this court. what is basic for a section or a chapter in a statute is provided: firstly, by the words used in the statute itself; secondly, by the context in which a provision occurs, or, in other words, .....
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..... cold wave, are provided relief from these funds, which is mentioned in the memorandum dated 08.04.2015. it is submitted that, the xv-finance commission in para 8.11 of chapter 8 of its report for the period 2021-22 to 2025-26, while making allocation under ndrf and sdrf inter alia, has chosen, to deal ..... , and further 344 claims of healthcare workers are under process. 6.14 it is further submitted that the financing of disaster risk management (drm) under the disaster management act, 2005, is based on the recommendations of successive finance commissions, constituted under article 280 of the constitution of india. it is further submitted that, the allocation of ..... the registration of birth and death is done under the provisions of a central act, namely, registration of births and deaths act, 1969. this act was enacted in the year 1969 and was enforced in most of the states/uts from 1st april, 1970 to promote uniformity and comparability in the registration of births and deaths across the .....
Tag this Judgment!Court : Supreme Court of India
..... of interim resolution professional. (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) business operations for the ..... creditor or the corporate debtor itself may initiate corporate insolvency resolution process in respect of such corporate debtor in the manner as provided under this chapter. 267. initiation of corporate insolvency resolution process by financial creditor. (1) a financial creditor either by itself or jointly with 15[other ..... corporate debtor as may be required by the interim resolution professional; (d) the financial institutions maintaining accounts of the corporate debtor shall act on the instructions of the interim resolution professional in relation to such accounts and furnish all information relating to the corporate debtor available .....
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