Court : Supreme Court of India
..... question of the state commission being not in a position to go into the question, as to whether the rates quoted are market aligned or not, specifically, in the light of ample powers vested with the state commission under section 86(1)(b) of the electricity act, which also includes the power to 61 regulate the prices at which electricity shall be procured from the generating companies, etc. ..... learned aptel while answering the first issue, came to the conclusion that the state commission, while adopting tariff 48 under section 63, has to only consider that the bidding guidelines issued by the central government providing for tariff structure were complied with ..... learned senior counsel, per contra, submits that unlike section 62 read with sections 61 and 64 of the electricity act, under section 63 of the electricity act, the appropriate commission only adopts tariff and does not ..... , (1962) 1 scr9: air1961sc838 was considering the question as to whether the phrase any one of the directors as found in section 76 of the mines act, 1952 could mean only one of the directors or could it be construed to mean every one of the directors . ..... per contra, it is submitted on behalf of the respondents that the word any under sub-section (2) of section 26 of the rbi act, cannot be interpreted in a narrow manner 10 (2023) 3 scc12023 insc265 and it will have to be ..... reliance in this 2 (1963) 3 scr22air1963sc11962 insc20522 respect is also placed on the judgment of this court in the case of deccan paper .....
Tag this Judgment!Court : Supreme Court of India
..... . at the time of considering the case of premature release of a life convict, the authorities may require to consider his case mainly taking into consideration whether the offence was an individual act of crime without affecting the society at large; whether there was any chance of future recurrence of committing a crime; whether the convict had lost his potentiality in committing the crime; writ petition (crl ..... . more pertinently, respondent no.3 had suppressed the fact that on the basis of the judgment of the gujarat high court in the writ petition that he had filed, the convict had acted upon it and had made an application to the state of maharashtra for remission on 01.08.2019 and the said application was being processed inasmuch as the stakeholders had given their opinion on the application, such as, the presiding ..... . vend fee or transport fee and similar fees, unless supported by quid pro quo, this court held, interfered with the control exercised by the central government under the industries (development and regulation) act, 1951 (for short idr act, 1951 ) and the various orders made thereunder with respect to prices, licences, permits, distribution, transport, disposal, acquisition, possession, use, consumption, etc ..... . thus, the definition of appropriate government in sub-section (7) of section 432 clearly indicates that the government of the state within which the offender is sentenced, is the appropriate government to pass an order of remission. 33.6 .....
Tag this Judgment!Court : Supreme Court of India
..... , bathinda, lodged a complaint on 18.12.2012 at police station, phul, district bathinda against one devraj miglani2 which was registered as fir no.91/2012 under sections 406, 409, 420, 457, 380 of the indian penal code, 18603 and section 13(1)(d) read with section 13(2) of the prevention of corruption act, 19884 with the allegations that devraj had misappropriated paddy worth rs.4.18 crores. ..... ; (iv) the trial court and the high court have mainly confined the discussion with respect to sanction under section 19 of the pc act and section 197 of the cr.p.c. ..... was submitted on 16th january, 2014 against head constable kikkar singh only under sections 166, 383, 385 ipc and sections 7, 13(2) of the pc act. 3.4. ..... found that the allegation against the head constable kikkar singh were prima facie made out and accordingly a first information report6 no.11 of 2013 was registered on 11.09.2013 at police station vigilance bureau, bathinda under sections 166, 383, 385 ipc and also under the provisions of the pc act. ..... march, 2023 passed by the high court of punjab and haryana at chandigarh whereby the criminal revision filed by the appellant against the order of the special judge, bathinda dated 05.03.2018 allowing the application under section slp(crl. ..... as to whether the principles and parameters laid down in the case of hardeep singh (supra) had been followed or whether the said ingredients were present before the trial court so as to justify the summoning order under section 319 cr.p.c.7. .....
Tag this Judgment!Court : Karnataka
..... the complaint becomes a crime in crime no.17 of 2019 for offences punishable under sections 120b, 406, 418, 420, 423, 424, 465, 467, 468, 471 and 34 of the ipc. ..... the passport or the oci card, as the power of withholding a passport issued by united kingdom is not even available to the bank and insofar as oci card is concerned, it is only the ministry of external affairs under the foreigners act any action can be taken qua oci card. ..... the oci card is issued by government of india through the ministry of external affairs by foreigners regional registration office ( frro for short) under the citizenship act, 1955 r/w foreigners act. ..... both the acts, on their face, are without jurisdiction. .....
Tag this Judgment!Court : Karnataka
..... officer making such order, or of the competent authority and a copy of such order shall be served on the person concerned: provided that the competent authority shall be duly informed of any order made under this sub- section and a copy of such an order shall be sent to the competent authority within forty-eight hours of its being made. ..... on 14-11-2022, a crime comes to be registered by the 1st respondent / narcotics control bureau ( ncb for short) against one of the directors of the petitioner/company for offences punishable under section 8(c) r/w sections 20(b)(ii)(a), 23(a), 27, 27a, 28 and 29 of the narcotic drugs and psychotropic substances act, 1985 ( the act for short). ..... in the light of afore-said admitted facts of twin violation of section 68f, the order directing debit freezment or action of freezing of the account of the petitioner/company would lose its legal legs to stand and results in its obliteration.-. ..... (1) where any officer conducting an inquiry or investigation under section 68e has reason to believe that any property in relation to which such inquiry or investigation is being conducted is an illegally acquired property and such property is likely to be concealed, transferred or dealt with in any manner which will result in ..... the power to direct debit freezment of an account for offences under the act is under section 68f of the act. ..... section 68d of the act reads as follows: - 8 - nc:2024. .....
Tag this Judgment!Court : Supreme Court of India
..... lost sight of the fact that, as a consequence to our discussion as aforesaid, holding that the judgment and order under section 34 of the a&c act does not stand judicial scrutiny, an independent evaluation of the impugned judgment may not be required in view of the holding ..... . once the meaning of the word sum is clear, the same meaning must be ascribed to the word in clause (b) of sub-section (7) of section 31 of the act, where it provides that a sum directed to be paid by an arbitral award 17 (2015) 2 scc189(3-judge bench) 29| civil appeal no.8067 of 2019 shall carry interest from the ..... in the absence of compliance with the well laid out parameters and contours of both section 34 and section 37 of the a&c act, the impugned judgement(s) referred to in para 1 (supra) are required to ..... from 09.3.94 till date of payment the date of payment 11 cost of arbitration rs.1,00,000/- rs.50,000/- proceedings under section34of the a&c act7 assailing the same, the respondent preferred a petition under section 34 of the a&c act in which the learned civil judge, sirsi, found 2 points to be arising for his consideration which he recorded as: 1. ..... months.3) drawing showing the details of 1st floor slab of the office of the conservator of forest was found to be prepared by 13.10.1992 but 4| civil appeal no.8067 of 2019 supplied ..... had secured a contract from the karnataka state public works department to construct the office and residence of the chief conservator of forests at sirsi for an amount of rs. .....
Tag this Judgment!Court : Supreme Court of India
..... as a consequence, the detenue was arrested, followed by a detention order passed by the detaining authority in exercise of the powers conferred under section 3 of the conservation of foreign exchange and prevention of smuggling activities act, 1974 (hereinafter referred to as cofeposa act ). ..... the 4 translated version of the grounds of detention along with the relevant documents were attempted to be served upon the detenue on the very next day after his detention in due compliance of section 3 of the cofeposa act. ..... the detenue should be in a position effectively to make his representation against the order, 12 he should have knowledge of the grounds of detention, which are in the nature of the charge against him setting out the kinds of prejudicial acts which the authorities attribute to him. ..... 3 of the act are supplied, the first condition is satisfied. .....
Tag this Judgment!Court : Karnataka
..... since there is no particular violation of the building bye-laws as such, i am of the considered opinion that whenever authorities were to pass orders under sub-section (3) of section 321 of kmc act and now sub-section (3) of section 248 of bbmp act, 2020 erstwhile section 462 of kmc act and now section 356 of bbmp act 2020, it would be required for such authorities to look into and pass necessary orders after taking into consideration if there is any violation of the building bye-laws and not ..... sanction and a confirmatory order passed thereon without considering the submission of the petitioners that the construction is in accordance with the building bye-laws, i am of the considered opinion that the orders passed under sub-section (3) of section 321 of kmc act in all the above matters would be required to be quashed, remitting the matter back to the concerned authority to inspect the property in question to ascertain if the construction is in accordance with the building bye-laws or ..... the construction is illegal without detailing the illegality?.3) whether once the confirmatory order under sub-section (3) of section 321 of kmc act had been quashed vide order dated 10.06.2013 in w.p.no.52406-422/2012 without passing another order under sub- section (3) of section 321 of kmc act, could the corporation officials pass demolition order under section 462 of the municipal corporation act, 1976?.4) whether the impugned order at annexure-a could have been passed without referring to the .....
Tag this Judgment!Court : Karnataka
..... since there is no particular violation of the building bye-laws as such, i am of the considered opinion that whenever authorities were to pass orders under sub-section (3) of section 321 of kmc act and now sub-section (3) of section 248 of bbmp act, 2020 erstwhile section 462 of kmc act and now section 356 of bbmp act 2020, it would be required for such authorities to look into and pass necessary orders after taking into consideration if there is any violation of the building bye-laws and not ..... sanction and a confirmatory order passed thereon without considering the submission of the petitioners that the construction is in accordance with the building bye-laws, i am of the considered opinion that the orders passed under sub-section (3) of section 321 of kmc act in all the above matters would be required to be quashed, remitting the matter back to the concerned authority to inspect the property in question to ascertain if the construction is in accordance with the building bye-laws or ..... the construction is illegal without detailing the illegality?.3) whether once the confirmatory order under sub-section (3) of section 321 of kmc act had been quashed vide order dated 10.06.2013 in w.p.no.52406-422/2012 without passing another order under sub- section (3) of section 321 of kmc act, could the corporation officials pass demolition order under section 462 of the municipal corporation act, 1976?.4) whether the impugned order at annexure-a could have been passed without referring to the .....
Tag this Judgment!Court : Karnataka
..... since there is no particular violation of the building bye-laws as such, i am of the considered opinion that whenever authorities were to pass orders under sub-section (3) of section 321 of kmc act and now sub-section (3) of section 248 of bbmp act, 2020 erstwhile section 462 of kmc act and now section 356 of bbmp act 2020, it would be required for such authorities to look into and pass necessary orders after taking into consideration if there is any violation of the building bye-laws and not ..... sanction and a confirmatory order passed thereon without considering the submission of the petitioners that the construction is in accordance with the building bye-laws, i am of the considered opinion that the orders passed under sub-section (3) of section 321 of kmc act in all the above matters would be required to be quashed, remitting the matter back to the concerned authority to inspect the property in question to ascertain if the construction is in accordance with the building bye-laws or ..... the construction is illegal without detailing the illegality?.3) whether once the confirmatory order under sub-section (3) of section 321 of kmc act had been quashed vide order dated 10.06.2013 in w.p.no.52406-422/2012 without passing another order under sub- section (3) of section 321 of kmc act, could the corporation officials pass demolition order under section 462 of the municipal corporation act, 1976?.4) whether the impugned order at annexure-a could have been passed without referring to the .....
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