Court : Supreme Court of India
..... 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 ..... . 3.3 it is pertinent to highlight that by the taxation laws (amendment) act, 1975, section 142(2a) was inserted to the it act, 1961 conferring special power of audit by a chartered accountant in certain cases where so sought ..... . 4.14 learned senior counsel sri patwalia further contended that the power to issue guidelines has been conferred for the first time by the amendment act, 2022 by way of insertion of sub-clause (fa) and hence the impugned guideline issued earlier in the year 2008 is ..... :50. in the circumstances, we dispose of the writ petitions in the following manner: a) clause 6.0, chapter vi of the guidelines dated 08.08.2008 and its subsequent amendment is valid and is not violative of article 19(1)(g) of the constitution as it is a reasonable restriction on the right to practise the profession by a chartered accountant and is protected or justifiable under article 19(6) ..... parliament. but bearing in mind the fact that in future, it may not always be possible for the parliament to go on amending the schedules to the act so as to incorporate newer professional misconducts particularly with emerging technology and its applicability to the profession of chartered accountancy in india, part ii of second schedule by way of a foresight has delegated the power to the council .....
Tag this Judgment!Court : Supreme Court of India
..... 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 ..... cognizance of an offence punishable for the negligence of duty by a public servant, the unamended and amended section 4 are excerpted here under:- section 4, act of 1989 section 4, act of 1989 after amendment by act no.1 of 2016 4. ..... saket court wilfully neglected their duties- expected to be performed under section 4(1) & 4(2) of the sc &st (sic of atrocities) act 1989 as amended up to date, the appellant filed a complaint case 536/2018 ..... section 4 of the act of 1989 has been substituted by the scheduled castes and the scheduled tribes (prevention of atrocities) amendment act, 2015 (act ..... law and statute, this court is of the view that the then sho of police station fatehpur beri is liable to be prosecuted under section 4(2)(b) of sc & st (prevention of atrocities) act, 1989 as amended up-to-date. ..... of law and statute, this court is of the view that the then sho of police station fatehpur beri is liable to be prosecuted under section 4(2)(b) of sc & st (prevention of atrocities) act, 1989 as amended up-to-date.8.1. .....
Tag this Judgment!Court : Supreme Court of India
..... the act section/amendments 1. ..... 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 as may be empowered by the government ..... 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 (crpf) personnel by a santro car ..... -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 conspiracy is to commit any non-cognizable offence ..... and kashmir christian marriage and divorce act, iii of 1957 1957.19. .....
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, 1860 ..... however, we are of the view that this debate should not come to an end as we propose to convey to the high court of gujarat to amend its rules writ petition (c) no.432 of 2023 page 80 of 84 appropriately in line with the uttar pradesh higher judicial service rules, 1975 where the recruitment process has been elaboratively laid down. ..... (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 .....
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
..... reading order xlvii rule 1 in juxtaposition to section 5 of the limitation act drives us to accept the view in chhajju ram (supra) as having interpreted the law correctly and acceptance of the same by this court and high courts over the years, coupled with the fact that the parliament did not consider it necessary to amend rule 1 when it inserted the explanation in 1976. ..... 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. .....
Tag this Judgment!Court : Supreme Court of India
..... , 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 ..... 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 ..... 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 ..... cause of action is deficient but later events have made up the deficiency, the court may, in order to avoid multiplicity of litigation, permit amendment and continue the proceeding, provided no prejudice is caused to the other side. ..... by rules of court (order53) in 1977 and given statutory force in 1981 by section 31 of the supreme court act, 1981. .....
Tag this Judgment!Court : Supreme Court of India
..... . 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 news ..... an advocate for filing a complaint in the court of metropolitan magistrate, tis hazari court, delhi, against one kamal sharma under section 138 of the negotiable instruments act, as the cheque for rs.20,000/- issued by the said kamal sharma in favour of the respondent d.k. ..... . if we glean over the provisions of the advocates act, 1961, it appears that the said act was enacted to amend and consolidate the law relating to legal practitioners and to provide for the ..... has become inevitable to amend the act to address the myriad and ..... . the same is reproduced as under: - section 2(1)(g) of cp act, 1986:- section 2(1) (g) -"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 ..... . the advocates act 1961 was enacted to amend and consolidate the law relating to legal practitioners and to provide for the .....
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
..... apart 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. ..... necessity 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. ..... act to introduce section 9a with an amendment to the section by introduction of an explanation with the clear intent that it would apply only as regards subsisting contracts, however, the objective even under the previous 1 (1954) 1 scc214- 13 - nc:2024. ..... ravi, 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. ..... khc:17150 wp no.21526 of 2022 general finance & investment co. ..... paramnidhi sadhukhan, 1957 scc online sc8: air1957sc907 , gajendragadkar, j. .....
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