Court : Supreme Court of India
..... could be seen that the legislature has put tiger reserve on a higher pedestal than the sanctuaries and the national parks.88. sub-section (4) of section 38v of the wlp act requires the state government, while preparing a tcp, to ensure the agricultural, livelihood, developmental and other interests of the people living in ..... the following powers and perform the following functions, namely: (a) to approve the tiger conservation plan prepared by the state government under sub-section (3) of section 38v of this act; (b) evaluate and assess various aspect of sustainable ecology and disallow any ecologically unsustainable land use such as, mining, industry and other ..... tiger reserve, ecologically compatible land uses in the tiger reserves and the forestry operations of regular forest divisions. (iii) that, under sub-section (4) of section 38v of the wlp act, the concept of integrity of tiger reserve requires protection of buffer area and adequate dispersal for the species. (iv) that, the tcp .....
Tag this Judgment!Court : Karnataka
..... this validated that the account belonged to jamnadas morarjee. i am providing a detailed note on boarding process of jamnada morarjee finance private limited under my signature.30. the essential elements to constitute an offence under section 3 of the act are as follows: - 19 - nc:2024. khc:9191 wp no.10329 of 2023 a) proceeds of crime: involvement ..... to day affairs of the company as stated in explanation-2 to section 70 of the 2002, act.9. after carefully considering the arguments presented by the learned counsel for the parties, the key point for deliberation are as follows: i) is ..... who was in possession of proceeds - 7 - nc:2024. khc:9191 wp no.10329 of 2023 of the crime, is required to rebut the presumption under section 24 of the act, 2002. f) the prosecution for an offence of money laundering against the company is maintainable without prosecuting the director or any person in charge of the day .....
Tag this Judgment!Court : Supreme Court of India
..... until parliament defines these privileges, they are to be those which the house and its members and committees enjoyed immediately before the coming into force of section 15 of the constitution (forty-fourth amendment) act, 1978. section 15 reads as follows: 15. amendment of article 105.-in article 105 of the constitution, in clause (3), for the words "shall be ..... by law, and, until so defined, shall be those of that house and of its members and committees immediately before the coming into force of section 15 of the constitution (forty-fourth amendment) act, 1978. (4) the provisions of clauses (1), (2) and (3) shall apply in relation to persons who by virtue of this constitution have ..... was accused of climbing over the speaker s dais and causing damage to property during the page 67 of 135 part g presentation of the budget by the finance minister of the state. the question which arose before this court was whether the member could be prosecuted before a court of law for his conduct inside .....
Tag this Judgment!Court : Supreme Court of India
..... any finding on the issue of sanction. this order of the learned magistrate was subjected to a challenge before the high court by invoking provisions of section 482 of crpc. by the impugned judgment, the high court dismissed the petition. submissions5 the learned senior counsel appearing for the appellants urged that even ..... 1076 of2024murari lal chhari & ors. appellants versus munishwar singh tomar & anr. ... respondents judgment abhay s. oka, j.facts1 the first respondent filed a complaint under section 200 of the code of criminal procedure, 1973 (for short, the crpc ) against the appellants. the dispute relates to land bearing survey nos.1822 and 1823 having ..... three witnesses, including the first respondent. that was done based on materials on record. he submitted that committing acts of trespass cannot be a part of the appellants' official duty. therefore, sanction to prosecute under section 197 of crpc was not required. he submitted that a full fledged trial is necessary. all issues can .....
Tag this Judgment!Court : Supreme Court of India
..... be drawn from such glaring contradictions and omissions. relevant legal provisions 31. in india attempt to commit suicide is an offence under section 309 ipc. this section provides that whoever attempts to commit suicide and does any act towards the commission of such offence, he shall be punished with simple imprisonment for a term which may extend to one year ..... whoever, either prior to or at the time of the commission of an act, does 30 anything in order to facilitate the commission of that act, and thereby facilitates the commission thereof, is said to aid the doing of that act. 32.1. from a reading of section 107 ipc what is deducible is that a person would be abetting the ..... was concluded that in order to convict a person under section 306 ipc there has to be a clear mens rea to commit the offence. it would also require an active act or direct act which led the deceased to commit suicide seeing no other option and that this act of the accused must have been intended to push the .....
Tag this Judgment!Court : Supreme Court of India
..... and 22 of the said decision read thus: 20. judged by both these parameters, there can be no doubt that the third proviso to section 254(2-a) of the income tax act, introduced by the finance act, 2008, would be both arbitrary and discriminatory and, therefore, liable to be struck down as offending article 14 of the constitution of india ..... income tax appellate tribunal, 2007 scc online bom 671 : (2007) 295 itr22 , the second proviso was introduced by the finance act, 2007 to mitigate the rigour of the first proviso to section 254(2-a) of the income tax act in its previous avatar. ordinarily, the appellate tribunal, where possible, is to hear and decide appeals within a period of four ..... in clause (3) of article 2 226 of the constitution of india which has been inserted with effect from 1.8.1979 vide the constitution (forty-fourth amendment) act, 1978. it reads as under: (3) where any party against whom an interim order, whether by way of injunction or stay or in any other manner, is made on .....
Tag this Judgment!Court : Supreme Court of India
..... of such measures as he considers necessary or expedient for preserving such property till it is disposed of in accordance with the provisions of the act. sub-section (2) of section 8 speaks of eleven exigencies which a custodian or such person as may be specifically authorised by him may take. the same are extracted above ..... , the civil appeal @ slp (c) no.17402 of 2017 page 87 of 143 requirements of vesting is not satisfied in terms of section 10 of the limitation act. under the act under consideration, the vesting of the enemy property in the custodian is not free from encumbrances but vesting is in accordance with the status ..... that such state instruments seek to cure is the provision of aid and comfort to the enemy, for instance, through the making available of funds for war financing. enemy property can be disposed of by various means including custodianship, liquidation, expropriation, confiscation or nationalization. the means of custodianship imply a fiduciary administration. the .....
Tag this Judgment!Court : Karnataka
..... the previous approval of the government to purchase lands and section 36 stipulates that the acquisition of land shall be regulated by the provisions, as far as they are applicable of the land acquisition act, 1894. 19.7 chapter v of the act deals with property and finance.20. the appellant bda has placed on record that pursuant ..... to the acquisition proceedings initiated in respect of the layout in question, the award is passed for 2700 acres of land which has been utilized in the following manner: a) possession of the 2694 acres 26 guntas of land is handed over to engineering section ..... bda who is the chief executive and administrative officer of the authority has authenticated the same by his signature. instead of mentioning section 52 of the bda act, section 4(2) of the l.a. act has been mentioned. it is settled law that mere mentioning of a wrong provision of law would make no difference. power .....
Tag this Judgment!Court : Karnataka
..... the previous approval of the government to purchase lands and section 36 stipulates that the acquisition of land shall be regulated by the provisions, as far as they are applicable of the land acquisition act, 1894. 19.7 chapter v of the act deals with property and finance.20. the appellant bda has placed on record that pursuant ..... to the acquisition proceedings initiated in respect of the layout in question, the award is passed for 2700 acres of land which has been utilized in the following manner: a) possession of the 2694 acres 26 guntas of land is handed over to engineering section ..... bda who is the chief executive and administrative officer of the authority has authenticated the same by his signature. instead of mentioning section 52 of the bda act, section 4(2) of the l.a. act has been mentioned. it is settled law that mere mentioning of a wrong provision of law would make no difference. power .....
Tag this Judgment!Court : Karnataka
..... the previous approval of the government to purchase lands and section 36 stipulates that the acquisition of land shall be regulated by the provisions, as far as they are applicable of the land acquisition act, 1894. 19.7 chapter v of the act deals with property and finance.20. the appellant bda has placed on record that pursuant ..... to the acquisition proceedings initiated in respect of the layout in question, the award is passed for 2700 acres of land which has been utilized in the following manner: a) possession of the 2694 acres 26 guntas of land is handed over to engineering section ..... bda who is the chief executive and administrative officer of the authority has authenticated the same by his signature. instead of mentioning section 52 of the bda act, section 4(2) of the l.a. act has been mentioned. it is settled law that mere mentioning of a wrong provision of law would make no difference. power .....
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