Court : Supreme Court of India
..... paras 11 and16) 143 (2010) 8 scc372(paras 13, 20 to 22 and38) 144 (2011) 9 scc1(para59) 145 (2009) scconline del 487 (paras 7 to9) 146 (supra at 17, paras 27, 31 and35) 147 (2005) 6 scc321(paras 6 to 9 and18) 148 (2008) 9 scc31(paras 22 to 24, 35, 36, 40, 42, 44 and45) 149 (2006) 8 scc647(paras 17, 19 and22) 150 (2005) 3 scc409(para24) 151 (2005) 5 scc337(paras 19, 20 and22) 152 (1997) 10 scc386(para1) 153 (2006) 11 scc1(paras 14, 20, 24 to 27, 44, 46, 47 and49) 154 (1977) 2 scc256(para13) 155 (2003) 7 scc492(paras 29, 43 ..... development. in case of proved deliberate neglect of and/ or damage to heritage buildings and heritage precincts, or if the building is allowed to be damaged or destroyed due to neglect or any other reason, in addition to penal action provided under the concerned act, no permission to construct any new building shall be granted on the site if a heritage building or building in a heritage precinct is damaged or pulled down without appropriate permission from commissioner, mcd/vice chairman dda/chairman ..... central electricity regulatory 89 (2007) 2 scc1(paras 48, 109, 139-141 and151) 90 (2018) 8 scc501(paras 53 to57) 91 (2018) 6 scc1(paras 2, 26, 27 and38) 92 (1997) 10 scc441(paras 4, 6, 13, 18 and19) 93 (2005) 3 scc16(paras 21 and32) 94 (2013) 8 scc418(paras 15, 71, 94, 95 and102) 95 (2012) 3 scc61996 (2019) 3 scc224(para99) 97 (2016) 9 scc20(para38) 98 2019 scconline sc1520(para17) 99 (1974) 1 scc549(para12) 100 (2017) 9 scc1(para85) 101 (2012) 10 scc1(paras .....
Tag this Judgment!Court : Supreme Court of India
..... prayers have been made: (a) issue a writ, order or direction in the nature of certiorari or any other appropriate writ, order or direction of that nature thereby quashing and striking down maharashtra state socially and educationally backward (sebc) class (admission in educational institutions in the state and for posts for appointments in public service and posts) reservation act, 2018, as being invalid and violative of the provisions of the constitution of india; (b) during pendency of the ..... to the filing of the above writ petitions, articles 15 and 16 of the constitution have been amended vide the constitution (ninety-third amendment) act, 2005, and the constitution (eighty- first amendment) act, 2000, respectively, which amendment acts have been the subject-matter of subsequent decisions of this court in m ..... . the maharashtra state commission for backward classes act, 2005 was enacted by the state 98 legislature providing for constitution of state level commission for backward classes other than the scheduled castes and scheduled tribes and to provide for matters connected therewith or ..... constitution bench of this court in state of gujarat versus mirzapur, moti kureshi kassab jamat and others, (2005) 8 scc534 explaining the principle of stare decisis laid down following in paragraphs 111 and 118:- ..... . the 93rdconstitutional amendment act, 2005, by which 173 sub-clause (5) has been added in article 15 excludes the minority educational institutions referred to in clause (1) of .....
Tag this Judgment!Court : Supreme Court of India
..... the only legislations which come to one s mind which in fact created social status or facilitated the status of individuals in private fields are the special marriage act, 1954, the protection of women from domestic violence act, 2005 ( dv act ), and section 41 of the juvenile justice (care and protection of children) act (which enables adoption amongst members of all faiths and (a) any child, legitimate or illegitimate, both of whose parents are hindus, buddhists, jainas or sikhs by religion (b) any ..... this statute proscribes discrimination against transgender persons,226 provides for a system by which their identity may be recognized,227 prescribes that the appropriate government shall take welfare measures,228 recognizes the right of residence229 and provides for the obligations of various parties with respect to their right to education, social security, and health.230 it also creates a national ..... . at the same time, this court is of the considered opinion that cara and the central government should appropriately consider the realities of de facto families, where single individuals are permitted to adopt and thereafter start living in a non-matrimonial ..... v kamath was of the opinion that it was unwise to particularize the writs which this court ought to issue, and that this court should have the power to issue any directions it considered appropriate in a case.64 in service of this idea, he moved an amendment to substitute clause (2) of the provision which is now article 32. .....
Tag this Judgment!Court : Supreme Court of India
..... psychotropic substances act, 1985, the negotiable instruments act, 1881, the protection of children from sexual offence act, 2012, the juvenile justices (care & protection of children) act, 2015, the scheduled castes and scheduled tribes (prevention of atrocities) act, 1989, the prevention of corruption act, 1988 the electricity act, 2003, the protection of women from domestic violence act, 2005 the immoral traffic (prevention) act, 1956 the information technology act, 2000 the ..... law commission may undermine the control of the high courts over the district judiciary, yet at the same time this court suggested to the union of india to undertake appropriate steps towards the implementation of the recommendations made by the law commission, as far as feasible, at the earliest, and directed the central government to consider setting up an all-india judicial service. ..... sole authority in this regard can clearly lay down rules and policies pertaining to promotions which includes the power to specify the criteria and parameters it deems most suitable and appropriate for the purpose of promotion and the manner in which promotion is to be made as long as it is within the contours of what has been laid down in all ..... 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. .....
Tag this Judgment!Court : Supreme Court of India
..... to that corporation: provided also that the government company or the company referred to in sub-section (2) of section 131 of this act and the company or companies created in pursuance of the acts specified in the schedule, shall be deemed to be a licensee under this act: provided also that the appropriate commission may grant a licence to two or more persons for distribution of electricity through their own distribution system within the same area, ..... the proviso inserted in clause (b) of section 14 of the electricity act, vide the 2010 notification, reads as follows: provided that the developer of a special economic zone notified under sub-section (1) of section 4 of the special economic zones act, 2005, shall be deemed to be a licensee for the purpose of this clause, with effect from the date ..... tserc), supported the impugned judgment and order and advanced the following submissions: a) no doubt, the appellant, a sez developer, may be granted the status of a deemed licensee; however, the 2005 rules and the 2013 regulations will be applicable to the appellant as per the law laid down by this court in sesa sterlite limited. v. ..... of india, ministry of commerce and industry through its notification dated 21-3-2012, with regard to power generation in special economic zone, has declared that all the provisions of the electricity act, 2003 and the electricity rules, 2005 shall be applicable to the generation, transmission and distribution of power, whether stand-alone or captive power. .....
Tag this Judgment!Court : Supreme Court of India
..... eqbal, j.the main issue that arises for our consideration in these transferred cases is as to whether all the information sought for under the right to information act, 2005 can be denied by the reserve bank of india and other banks to the public at large on the ground of economic interest, commercial confidence, fiduciary relationship with other bank on the one hand and ..... regarding the | | | |criterion for deciding | | | |the fine, the penalties | | | |have been imposed on | | | |these banks for | | | |contravention of various| | | |directions and | | | |instructions such as | | | |failure to carry out | | | |proper due diligence on | | | |user appropriateness and| | | |suitability of products,| | | |selling derivative | | | |products to users not | | | |having proper risk | | | |management policies, not| | | |verifying the underlying| | | |/adequacy of underlying | | | |and eligible limits | | | |under past performance | | | |route, issued by rbi in | | | |respect of derivative ..... policy of transparency, there is a need to build processes which ensure that the benefits of supervisory disclosure are appropriately weighed against the risk to stakeholders, such as depositors. ..... information, and more appropriately access to information would empower and enable people not only to make informed choices but also participate effectively ..... , the appropriate time of providing the information which will depend on nature of information sought for and the consequences it will lead to after .....
Tag this Judgment!Court : Supreme Court of India
..... that can be provided is the 'complaint mechanism' whereunder after the fee is fixed by the educational institution and if there is grievance of the students or parents or even the authorities against the same there can be a scrutiny by the appropriate committee (to be set up for this purpose) to see that the fee fixed is not excessive and meets the parameters laid down in t.m.a. ..... likewise, after the insertion of clause (5) to article 15 by the constitution (ninety-third amendment) act, 2005, another enabling provision was introduced empowering the state to make any special provision by law for advancement of any socially and educationally backward classes of citizens or for the scheduled tribes or the scheduled castes insofar as ..... in paragraph 69 of the judgment, while dealing with this issue, this court again observed that an appropriate machinery can be devised by the state or university to ensure that no capitation fee is charged and that there is no profiteering, though a reasonable surplus for the furtherance of education is permissible ..... the high court has successfully dealt with this argument by appropriately demonstrating, by means of charges, that not only it was possible to work out extent of reservation provided for different categories, sufficient number of seats were available for general categories as well ..... inamdar has held that there cannot be any fixation of quota or appropriation of seats by the state, reservation which inheres setting aside quotas, would not be .....
Tag this Judgment!Court : Supreme Court of India
..... delineated. the consolidated fund of a state is a single unified account for the state and withdrawal of money from the same is protected by the requirement of passing an appropriation ..... /2004, slp(c) no.11266/2004, slp(c) no.11271/2004, slp(c) no.11274/2004, slp(c) no.11281/2004, slp(c) no.11320/2004, slp(c) no.11326/2004, slp(c) no.11328/2004, slp(c) no.11329/2004, slp(c) no.11370/2004, slp(c) no.14380/2005, slp(c) no.1101/2007, slp(c) no.1288/2007, slp(c) no.6914/2007, slp(c) no.9054/2007, slp(c) no.10694/2007, slp(c) no.12959/2007, slp(c) no.13806/2007, slp(c) no.14070/2007, slp(c) no.14819/2007, slp(c) no.14820/ ..... /2004, slp(c) no.11266/2004, slp(c) no.11271/2004, slp(c) no.11274/2004, slp(c) no.11281/2004, slp(c) no.11320/2004, slp(c) no.11326/2004, slp(c) no.11328/2004, slp(c) no.11329/2004, slp(c) no.11370/2004, slp(c) no.14380/2005, slp(c) no.1101/2007, slp(c) no.1288/2007, slp(c) no.6914/2007, slp(c) no.9054/2007, slp(c) no.10694/2007, slp(c) no.12959/2007, slp(c) no.13806/2007, slp(c) no.14070/2007, slp(c) no.14819/2007, slp(c) no.14820/2007 ..... /2004, slp(c) no.11266/2004, slp(c) no.11271/2004, slp(c) no.11274/2004, slp(c) no.11281/2004, slp(c) no.11320/2004, slp(c) no.11326/2004, slp(c) no.11328/2004, slp(c) no.11329/2004, slp(c) no.11370/2004, slp(c) no.14380/2005, slp(c) no.1101/2007, slp(c) no.1288/2007, slp(c) no.6914/2007, slp(c) no.9054/2007, slp(c) no.10694/2007, slp(c) no.12959/2007, slp(c) no.13806/2007, slp(c) no.14070/2007, slp(c) no.14819/2007, slp(c) no.14820/2007 .....
Tag this Judgment!Court : Supreme Court of India
..... the application was then put in the mailbox and was taken out for consideration when many changes had been made in the patents act, 1970, with effect from january 1, 2005, to make the patent law in the country compliant with the terms of an international agreement entered into by the government of ..... therefore, we would respectfully urge you to consider all appropriate legal means to protect and scale up access to essential affordable ..... members shall be free to determine the appropriate method of implementing the provisions of this agreement within their own legal system and practice. ..... . moffitt, jane, appropriateness of bioavailability and bioequivalency as pre-market clearance considerations, 34 food ..... has the same qualitative and quantitative composition in active substances and the same pharmaceutical form as the reference medicinal product, and whose bioequivalence with the reference medicinal product has been demonstrated by appropriate bioavailability studies ..... can be used as intermediates, for example in the purification of the novel compounds or for the identification thereof, hereinbefore and hereinafter any reference to the free compounds should be understood as including the corresponding salts, where appropriate and expedient. ..... appropriate measures, provided that they are consistent with the provisions of this agreement, may be needed to prevent the abuse of intellectual property rights by right holders or the resort to practices which unreasonably restrain trade or .....
Tag this Judgment!Court : Supreme Court of India
..... rules made by the commissioner of police or the district magistrate under sub-section (1) of section 33 for the area under their respective charges, on and from the date of commencement of the bombay police (amendment) act, 2005,- (a) holding of a performance of dance, of any kind or type, in any eating house, permit room or beer bar is prohibited; (b) all performance licences, issued under the aforesaid rules by the commissioner of police or the district magistrate or ..... no counter appeal has been filed by any of the respondents challenging the aforesaid findings, it would not be appropriate for us to opine on the correctness or otherwise of the aforesaid conclusions.90. ..... we notice the submissions at this stage it would be appropriate to reproduce the provisions in sections 33a and 33b of the bombay police act, 1951. ..... in our opinion, it would be more appropriate to bring about measures which should ensure the safety and improve the working conditions of the persons working as ..... in our opinion, it would be more appropriate that the state government re-examines the recommendations made by the committee which had been constituted by the state government comprising of a chairman of ahar, public and police officials and chaired by the principal ..... court also rejected the submissions that the proviso to section 33a (2) amounts to interference with the independence of the judiciary on the ground that the legislature is empowered to regulate sentencing by enactment of appropriate legislation. .....
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