Court : Supreme Court of India
..... t. velayudhan achari, section 45-s (1) as introduced by banking laws (amendment) act, 1983 limiting the number of depositors that can be accepted by individual, firm or unincorporated association, was held to be not violative of article 19(1)(g) of the constitution as the said limitation protected larger interest ..... in our opinion, a perusal of the wanchoo committee report, finance bill, 1984 and the accompanying memorandum makes it explicitly clear that the intent of insertion of section 44ab of the it act, 1961, was to facilitate ..... 3.5 later, the provision for compulsory audits found favour with the parliament and was inserted by the parliament through finance act, 1984 ..... defined.- for the purposes of this act, the expression professional or other misconduct shall be deemed to include any act or omission provided in any of the schedules, but nothing in this section shall be construed to limit or abridge in any way the power conferred or duty cast on the director (discipline) under sub-section (1) of section 21 to inquire into the conduct of any member of the institute under any ..... 123.6 the relevant portion of the memorandum explaining the provisions in finance bill, 1984, which proposed to introduce section 44ab, reads as under: 16 ..... etc. 82 book by the finance act, 1984 and the same came into force with effect from ..... . (emphasis supplied) 3.7 finally, clause no.11 of the finance bill, 1984 (bill no.11 of 1984), was introduced in parliament to give effect to the proposals of the central .....
Tag this Judgment!Court : Supreme Court of India
..... the information given orally, and reduced to writing by the officer in charge of the police station, before taking the signature of the informant; (b) to register a complaint or a first information report under this act and other relevant provisions and to register it under appropriate sections of this act; (c) to furnish a copy of the information so recorded forthwith to the in formant; 10 (d) to record the statement of the victims or witnesses; (e) to conduct the investigation and file charge sheet in ..... to set in motion the penal proceedings including taking cognizance for an offence of commission and omission under section 4(2) of the act of 1989, the recommendation of the administrative enquiry is a sine qua non. ..... principle, it may not be understood that we have considered the rigor of the advocates act read with the code of conduct on the one hand and section 15a(12) read with section 20 of the act of 1989 on the other hand, when we allow advocate kapil modi to appear for ..... now for the same set of acts of commission or omission, section 4 makes them punishable and stipulates imprisonment of public servants for a term not less than six months which ..... however, the commission or omission by a public servant is rendered as an offence when the public servant contravenes the duties spelt in section 4(2) of the act of 1989 read with the rules of 1995 and by a ..... an offence under section 3(1)(r) of the act of 1989, the complaint must aver that the commission or omission has been made .....
Tag this Judgment!Court : Supreme Court of India
..... no court shall take cognizance of any offence punishable under chapter vi or ix- a of the ranbir penal code except section 127, and section 171-f, so far as it relates to the offence of personation, or punishable under section 108-a, or section 153-a, or section 294-a, or section 295-a or section 505 of the ranbir penal code, unless upon complaint made by order of, or under authority from the government or district magistrate or such other officer ..... accordingly, the respondents were charge-sheeted for the offences under sections 306, 309, 307, 411, 120-b, 121, 121-a and 122 of rpc, 1989, sections 16, 18, 20, 23, 38 and 39 of uapa, 1967, sections 3 and 4 of explosive substances act, 1908 and section 4 of the jammu & kashmir 2 public property (prevention of damage) act, 1985, for making an attempt to ambush and ram the convoy of central reserve police force ..... -b of the ranbir penal code, 5 (1) in a case where the object of the conspiracy is to commit either an illegal act other than an offence, or a legal act by illegal means, or an offence, to which the provisions of section 196 apply, unless upon complaint made by order of, or under authority from the government or some officer empowered by the government in this behalf, or (2) in a case where the object of the ..... prejudice, an investigating agency is not debarred from proceeding further after complying with the omission committed earlier, by taking recourse to the repealed code i.e. ..... facts, it is an omission caused by the appellant .....
Tag this Judgment!Court : Supreme Court of India
..... courts act, 2015 the family courts act, 1984, the environment (protection) act, 1986, the wild life (protection) act, 1972, the indian penal code ..... (recruitment and finance) syllabus for the legal knowledge of the written test (objective type - mcqs) : (a) the constitution of india the code of civil procedure, 1908, the transfer of property act, 1882, the specific relief act, 1963, writ petition (c) no.432 of 2023 page 7 of 84 the indian partnership act, 1932, the indian contract act, 1872, the sale of goods act, 1930, the limitation act, 1963, the arbitration and conciliation act, 1996, the motor vehicles act, 1988, the commercial ..... , 1860, the code of criminal procedure, 1973, the indian evidence act, 1872, the narcotic drugs & psychotropic ..... mohd yasin, (1983) 3 scc229. .....
Tag this Judgment!Court : Supreme Court of India
..... this decision has expressly overruled the previous decision of this court in manav dharam trust (supra) by recognizing the statutory intention behind the 2013 act, which sought to benefit owners of lands who purchased the lands before the notification under section 4(1) of the 1894 act but not for the benefit of those who have purchased the lands after vesting of lands with the state. ..... in order to simplify the compliance of direction at (a) above, it is further directed that every notification issued under section 4(1) of the 1894 act in this batch of cases, shall be treated as a preliminary notification within the meaning of section 11 of the 2013 act, and shall be deemed to have been published as on 01st january, 2014; page 43 of 57 v. ..... therefore, transfer of land in respect of which acquisition proceedings had been initiated, after issuance of notification under section 4(1) of the 1894 act, is void and a subsequent purchaser cannot challenge the validity of the notification or the irregularity in taking possession of the land.45. ..... the time limit for initiation of fresh acquisition proceedings in terms of the provisions contained in section 24(2) of the 2013 act is extended by a year starting from 01st august, 2024 whereupon compensation to the affected landowners may be paid in accordance with law, failing which consequences, also as per law, shall follow; ii. .....
Tag this Judgment!Court : Supreme Court of India
..... those remanded to the high court and those de-tagged for separate listing infra), we issue the following directions: page 80 of 90 a) the time limit for initiation of fresh acquisition proceedings in terms of the provisions contained in section 24(2) of the 2013 act is extended by a year starting from 01st august, 2024 whereupon compensation to the affected landowners may be paid in accordance with law, failing which consequences, also as per law, shall follow; b) the parties shall maintain ..... page 81 of 90 that the timeline of one year extended at (a) above to complete the acquisition process can be adhered to by the appellants and the gnctd, which would also likely be beneficial to the expropriated landowners; d) similarly, compliance with sections 13, 14, 16 to 20 of the 2013 act can be dispensed with as the subject- lands are predominantly urban/semi-urban in nature and had earlier been acquired for public purposes of paramount importance. ..... order to simplify the compliance of direction at (a) above, it is further directed that every notification issued under section 4(1) of the 1894 act in this batch of cases, shall be treated as a preliminary notification within the meaning of section 11 of the 2013 act, and shall be deemed to have been published as on 01st january, 2014; e) the collector shall provide hearing of objections as per section 15 of the 2013 act without insisting for any social impact assessment report and shall, thereafter, proceed to take necessary steps as per .....
Tag this Judgment!Court : Supreme Court of India
..... referred to above, the position that emerges is that a writ petition under article 226 of the constitution of india may be maintainable against (i) the state (government); (ii) an authority; (iii) a statutory body; (iv) an instrumentality or agency of the state; (v) a company which is financed and owned by the state; (vi) a private body run substantially on state funding; (vii) a private body discharging public duty or positive obligation of public nature; and (viii) a person or a body under liability to discharge any function ..... to overcome the difficulties, lord gardiner (the lord chancellor) in pursuance of section 3(1)(e) of the law commission act, 1965, requested the law commission to review the existing remedies for the judicial control of administrative acts and omissions with a view to evolving a simpler and more effective procedure . ..... . we may further observe that in case the appellants choose to approach the appropriate forum for ventilating their grievances as per law in light of the observations made by the division bench of the bombay high court, section 14 of the limitation act, 1963 shall come to the rescue insofar as the issue of limitation is concerned.44 ..... it was implemented by rules of court (order53) in 1977 and given statutory force in 1981 by section 31 of the supreme court act, 1981. ..... section 14 of the limitation act itself is meant for the suits. ..... section 14 of the limitation act would also save the situation. .....
Tag this Judgment!Court : Supreme Court of India
..... the general assembly of united nations upon extensive discussions with governments of various nations submitted draft guidelines for consumer protection to the united nations economic 2 and social council (unesco) in the year 1983 inter alia providing for the following: a) to assist countries in achieving or maintaining adequate protection for their population as consumers; b) to facilitate production and distribution patterns responsive to the needs ..... . the 32 definition of service contained in section 2(1)(o) of the cp act 1986 and in section 2(42) of the cp act 2019 is the same which reads as under: - service means service of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of electrical or other energy, telecom, boarding or lodging or both, housing construction, entertainment, amusement or the purveying of ..... . section 2(11) of cp act, 2019:- section 2(11) - "deficiency " means any fault, imperfection, shortcoming or inadequacy in the quality, nature and manner of performance which is required to be maintained by or under any law for the time being in force or has been undertaken to be performed by a person in pursuance of a contract or otherwise in relation to any service and includes- (i) any act of negligence or omission or commission by such person which causes loss or injury to the consumer; and 33 (ii) deliberate .....
Tag this Judgment!Court : Supreme Court of India
..... however, the board for industrial finance and reconstruction (for short, bifr ), in its meeting dated 11th august 1999, declared karnataka biotics as a sick unit under section 3(1)(o) of the sick industrial companies (special provisions) act, 1985 (for short, sica ..... present case, there is no allegation made by the respondents against the appellant's predecessor of making or attempting to make any export or import in contravention of the ft act, any rules or orders made thereunder, or the foreign civil appeal @ slp(c) 4974 of 2021 page 7 of 8 trade policy. ..... (2) where any person makes or abets or attempts to make any export or import in contravention of any provision of this act or any rules or orders made thereunder or the foreign trade policy, he shall be liable to a penalty of not less than ten thousand rupees and not more than five times the value of the goods or services or ..... (emphasis added) sub-section (2) applies when any import or export is made in contravention of any provision of the ft act, rules, and orders made thereunder or the foreign ..... that the order imposing penalty under section 11 (2) of the ft act was completely illegal.8. ..... senior counsel would submit that non-fulfilment of export obligation under the licence is not a ground under section 11 (2) of the ft act to impose a penalty. ..... under the provisions of section 11(2) of the foreign trade (development and regulation) act, 1992 (for short, the ft act ). ..... section 11 of the ft act reads ..... under section 11(2) of the ft act. .....
Tag this Judgment!Court : Karnataka
..... from other grounds urged, the primary ground that was urged in the election petition was that the respondent no.1 was not qualified to be chosen as a member in terms of section 12(h) of the karnataka gram swaraj and panchayat raj act, 1993, (for brevity 'the act') which provides for disqualification in the event the member has directly or indirectly any share or interest in any work done by the gram panchayat.4. ..... and when reason for it is found in the four corners of the statute itself but at the same time a casus omissus should not be readily inferred and for that purpose all the parts of a statute or section must be construed together and every clause of a section should be construed with reference to the context and other clauses thereof so that the construction to be put on a particular 5 (2003) 6 scc659- 25 - nc:2024. ..... , learned senior counsel appearing on behalf of the petitioner has submitted that the disqualification in terms of section 12(h) would kick in where the member has done any work for the gram panchayat. ..... the tribunal has held that the tense used in section 12(h) is 'present continuous' and accordingly, has held that there must be an existing contract to act as a disqualification and such interpretation does not call for ..... the election petition under section 15 read with sections 19 and 20 of the act came to be filed seeking a declaration that the election of respondent no.1 to be declared as null and ..... :17150 wp no.21526 of 2022 general finance & investment co. .....
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