Court : Supreme Court of India
..... 45 in n.m. ramachandraiah v. state of karnataka26, a single judge of the karnataka high court, while construing power of the registrar under section 74 of the registration act, observed:26. 2007 scc online kar 192 ( n.m. ramachandraiah ) 39 part c 8. the answer to these questions revolve round the scope of enquiry as ..... execution and registration is refused on those grounds, an appeal against the order of the sub-registrar denying execution would not be maintainable under section 72 of the registration act. section 72 clearly stipulates that an appeal will lie against an order of sub-registrar refusing to admit a document to registration except where the refusal ..... 226 filed by the appellant, seeking a writ in the nature of certiorari for quashing an order dated 31 march 2012 of the district registrar/additional collector (finance and revenue), bareilly1, who is the first respondent in the present appeal. during the pendency of this appeal, the appellant has passed away and has been .....
Tag this Judgment!Court : Supreme Court of India
..... relation to contempt petition (c) nos. 888-918 of 2021 and 11 of 2022 as also various other applications for intervention/direction/clarification, as filed by the cross-section of 1 candidates and the haryana staff selection commission (for short the commission ).2. the relevant background aspects of the matter are that the commission had issued an ..... judgement dated 11 01.09.2022 passed by this hon'ble court by taking recourse to unsustainable justification. the deponent at any point of time is bound to act fairly, expeditiously and in accordance with the orders of this court but reason for delay in recommendation was out of total 13 categories of posts posts involved in ..... and/or b) pass further such orders as this hon'ble court may deem fit and proper in the fact and circumstances of the present case. for such act of kindness the petitioner shall ever remain grateful as in duty bound.13. the position has been clarified as regards offer of appointment in the affidavit filed by .....
Tag this Judgment!Court : Supreme Court of India
..... article ii (1) recognizes an agreement between parties 21 in respect of a defined legal relationship, whether contractual or not.63.the arbitration and conciliation act, 1996 under section 7 borrows the definition of the arbitration agreement from the corresponding provision at article 7 of the uncitral model law which in turn borrows this from article ..... not all parties were signatories to the agreement containing the arbitration clause. the court therein, relying upon the unamended section 8 of the act, held that it would 19 hicks v. bank of am, na, 218 f app x 739, 746 (2007); bridas sapic v. turkmenistan, 447 f3 411, 416- 20 (2006). 20 astra oil co v rover navigation ..... arbitration do not depend upon intent of the parties at all.21. the principle laid down in indowind was then followed in s.n. prasad v. monnet finance & ors23 as well. eventually, this position of law regarding the joinder of non signatories was radically transformed after the decision of this court in chloro controls, .....
Tag this Judgment!Court : Supreme Court of India
..... for calculating the post award interest. in my humble view, this conclusion does not seem to be in consonance with the clear language of section 31(7) of the act.3. sub section (7) of section 31 of the act, which deals with the power of the arbitral tribunal to award interest, reads as follows: 31.(7)(a) unless otherwise agreed by ..... the courts to add or subtract the words, even though the construction may lead to strange or surprising, unreasonable or unjust or oppressive results.14. sub section (7) of section 31 of the 1996 act is already reproduced in the judgment of s.a. bobde, j.in the case of hyder consulting (uk) limited (supra). applying the principle of plain ..... and would become otiose.20. it will be apposite to refer to the following observation of this court in the case of reserve bank of india vs. peerless general finance and investment co. ltd. and others4: 33. interpretation must depend on the text and the context. they are the bases of interpretation. one may well say if .....
Tag this Judgment!Court : Supreme Court of India
..... +2 lecturers in government schools cannot be encadred with teachers of taken over schools since the definition of teacher in the 1981 act shows teacher in the taken over secondary schools . section 9 enables the state government to determine the service conditions of the headmaster, teacher and non-teaching staff of only the taken ..... is at variance with all other relevant documents, such as the advertisement; the notification (13.11.1985)creating the posts in bses; as well as the finance department notifications, offering pay scale equivalent to the members of the bses. the appointment letters, despite suggesting the post to be of ex-cadre category, notably ..... state government (without waiting for the outcome of the lpa), in compliance of the single judge judgment, quashed the merger resolution vide notification dated 19.11.2007, thereby withdrawing the financial benefits flowing therefrom.7. the decision of the single judge was affirmed by the division bench. the resultant slp and the appeal .....
Tag this Judgment!Court : Supreme Court of India
..... to achieve the said object, by the finance act, 2021, sections 147 to 149 and section 151 have been substituted. 6.2 under the substituted provisions of the it act vide finance act, 2021, no notice under section 148 of the it act can be issued without following the procedure prescribed under section 148a of the it act. along with the notice under 22 section 148 of the it act, the assessing officer (ao) is required to ..... same time, the judgments of the several high courts would result in no reassessment proceedings at all, even if the same are permissible under the finance act, 2021 and as per substituted sections 147 to 151 of the it act. the revenue cannot be made remediless and the object and purpose of reassessment proceedings cannot be frustrated. it is true that due to a bonafide .....
Tag this Judgment!Court : Supreme Court of India
..... difference referred. the same shall be with effect on and from the date of commencement of the state act. sub section (2) of section 3 of the state act provides that nothing provided in sub section (1) of section 3 of the state act shall be a bar for any party to an agreement to file a suit in the court having ..... amounts to infringement of the basic structure of the constitution of india. reliance in this respect is placed on the judgment of this court in the case of srei infrastructure finance limited v. tuff drilling 22 (2011) 9 scc28623 (2019) 15 scc13133 private limited24. he further submitted that the judgment of this court in the case of g ..... altogether, beyond what the treaty and/or the parliamentary legislation covered. he submitted that merely because the said project was, in part, financed by the world bank, it cannot be said that the state act is, in pith and substance, a legislation in the field of foreign loans and is therefore, beyond the competence of the state legislature .....
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..... such person obtains such qualification without obtaining such eligibility certificate, he shall not be eligible to appear in the screening test referred to in sub- section (4-a): provided that an indian citizen who has acquired the medical qualification from foreign medical institution or has obtained admission in foreign medical institution ..... country outside india recognised for enrolment as medical practitioner in that country after such date as may be specified by the central government under sub-section (3), shall not be entitled to be enrolled on any medical register maintained by a state medical council or to have his name entered ..... before the commencement of the indian medical council (amendment) act, 2001 shall not be required to obtain eligibility certificate under this sub-section but, if he is qualified for admission to any medical course for recognised medical qualification in any medical institution .....
Tag this Judgment!Court : Supreme Court of India
..... to the payment of compensation for the earlier surrender does not form the subject matter of the present writ petition. it is further submitted that under section 301 of the act, there is a procedure for the payment of compensation. it entails the filing of an application and the processing of the same and payment of compensation ..... examine the issue of your notice dated 27.9.2006. you will appreciate that as per the provisions of clause 2 of the section 299 of the said act. the said clause 2 of section 299 of mmc act, 1888 reads as follows: provided that when the land or building, is vested in the (government) possession shall not be taken ..... be taken as aforesaid without the previous sanction of (the state) government . please note that mtnl, is a central government established under the provisions of section 4 of the indian telegraph act, 1885. considering the status of mtnl, being central government corporation 3 ca no.6745 of2009established under the law, you are not entitled to take the .....
Tag this Judgment!Court : Supreme Court of India
..... at this point itself to notice certain parts of the impugned order in this regard: 6. learned counsel are also ad idem that, in view of section 12(5) of the 1996 act read with the seventh schedule thereto, the arbitral mechanism, contemplated by the afore-extracted clauses from the purchase order 2 ca no.3470/2022 (@ slp ( ..... court may bear in mind the admonition of this court on an earlier occasion contained in the judgment of this court reported in reserve bank of india v. peerless general finance & investment co. ltd. and others1: 33. interpretation must depend on the text and the context. they are the bases of interpretation. one may well say if ..... the interpreter to inquire not into the subjective intent of the author, but rather the intent the author would have had, had he or she acted reasonably. (aharon barak, purposive interpretation in law, (2007) at p. 87.)22. in justice g.p. singh s principles of statutory interpretation 14th edition, page 145 while dealing with the application of .....
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