Court : Supreme Court of India
Reported in : 2001VIIIAD(SC)599; AIR2001SC2992; JT2001(8)SC574; (2002)1MLJ66(SC); 2001(7)SCALE172; (2002)1SCC499
..... count then proceeding shall be completed but no further paper shall be transferred to him. (6) the process directed by this rule shall be repeated on the successive exclusions one after another of the candidates lowest on the poll until such vacancy is filled either by the election of a candidate with the quota or as ..... '. while the failure to plead material facts is fatal to the election petition the absence of material particulars can be cured at a later stage by an appropriate amendment. 'material facts' mean the entire bundle of facts, which would constitute a complete cause of action and these must be concisely stated in the election petition, i ..... electoral college of some of the states to elect members to the rajya sabha in accordance with the provisions of the representation of the people act, 1951 (for short 'the act'). pursuant to the aforesaid presidential notification, the election commission of india by a notification of the same date called upon the elected members of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC1715; 1995(2)CTC208; [1995(71)FLR211]; JT1995(4)SC348; (1995)IILLJ728SC; (1995)2MLJ48(SC); 1995(3)SCALE440; (1995)5SCC75; 1994Supp(1)SCC268; [1995]3SCR1118; 1995(2
..... [see bombay union of journalist v. 'the hindu' : (1961)iillj436sc . of course, where the dispute concerns the body of the workers as a whole or to a section thereof, it is an industrial dispute. it is precisely for this reason that section 2-a was inserted by amendment act 35 of 1965. it says, 'where any ..... which, after they are certified, constitute the statutory terms of employment between the industrial establishments in question and their employees. that is the principal object of the act.14. in buckingham and carnatic co.ltd. v. venkatiah and anr. : (1963)iillj638sc the service of the respondent-employee was terminated under and as provided ..... of such suits is barred? this question called for a brief reference to the relevant provisions of the industrial disputes act as well as the standing orders act, 1946.7. the industrial disputes act (the act) was enacted to make provision for the investigation and settlement of industrial disputes and for certain other purposes. the statement .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC2378; 1999(2)ALD(Cri)279; 1999CriLJ3672; 1999(65)ECC695; 1999LC545(SC); [1999(81)FLR303]; (1999)3GLR2483; JT1999(4)SC595; (1999)ILLJ254SC; 1999(II)OLR(SC)474; 199
..... extend to 30 years while minimum fine is rs. 1.5 lakh which may extend to rs, 3 lakh, section 31(a) of the act, which was inserted by the amendment act of 1988, has even provided that for certain offences, after previous convictions, death penalty shall be imposed, without leaving any discretion in the court ..... to award imprisonment for life in appropriate cases, another amendment of considerable importance introduced by the amendment act, 1988 was that all the offences under the act were made triable by a special court. section 36 of the act provides for constitution of special courts manned by a person who is a sessions judge ..... did not explicitly provide for such a requirement. while considering the scope of article 22(5) of the constitution of india and various other provisions of cofeposa act and the ndps act as amended in 1988, a constitution bench of this court in kamelesh kumar ishwardas patel v. union of india and ors. : 1996(53)ecc123 , concluded:article .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC1; RLW1999(1)SC168; 1998(5)SCALE629; [1998]Supp2SCR400
..... to any other high court.(2) when a judge has been or is so transferred, he shall, during the period he serves, after the commencement of the constitution (fifteenth amendment) act, 1963, as a judge of the other high court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by parliament by law ..... with some dismay the dire apprehensions expressed by some of the counsel appearing before us. we do not share them. we take the optimistic view that successive chief justices of india shall henceforth act in accordance with the second judges case and this opinion.45. we have not dealt with any aspect placed before us at the bar that falls ..... judicial office in the territory of india; or(b) has for at least ten years been an advocate of a high court or of two or more such courts in succession; explanation - for the purposes of this clause -(a) in computing the period during which a person has held judicial office in the territory of india, there shall be .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1999)157CTR(SC)3
..... extend to 30 years while minimum fine is rs. 1.5 lakh which may extend to rs. 3 lakhs. sec. 31(a) of the act, which was inserted by the amendment act of 1988, has even provided that for certain offences, after previous convictions, death penalty shall be imposed, without leaving any discretion in the court to ..... award imprisonment for life in appropriate cases. another amendment of considerable importance introduced by the amendment act, 1988 was that all the offences under the act were made triable by a special court. sec. 36 of the act provides for constitution of special courts manned by a person who is a sessions judge ..... did not explicitly provide for such a requirement. while considering the scope of art. 22(5) of the constitution of india and various other provisions of cofeposa act and the ndps act as amended in 1988, a constitution bench of this court in kamelesh kumar ishwardas patel v. union of india : 1996(53)ecc123 , concluded.'article 22(5) must .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VIIAD(SC)562; JT1996(9)SC327; (1997)1MLJ116(SC); 1996(7)SCALE316; (1996)6SCC445; [1996]Supp6SCR221; 1997(1)LC445(SC)
..... requirement of the publication of the notification under section 4(1) in the gazette as well as publication of the substance of the notification in the locality now under the amended act in the newspaper, is mandatory requirement. as the facts are not in controversy, as mentioned in the judgment of the high court, the substance of the notification was ..... .7. in satinder prasad jain's case another bench of three judges had held that though award under section 11-a was not made within two years after the amendment act 68 of 1984 came into force, the title having been vested in the state, the notification under section 4(1) and declaration under section 6 do not get ..... view that the ratio therein is not correctly laid down. the question whether violation of the mandatory provisions renders the result of the action as void or voidable has been successfully considered in 'administrative law' by h.w.r. wade (7th edition) at page 342-43 thus:the truth of the matter is that the court will invalidate .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1996)132CTR(SC)221; [1996]218ITR355(SC)
..... firm and the successor firm in accordance with the provisions of s. 170.'it needs to be noted that a proviso was inserted in s. 187 by the taxation laws (amendment) act, 1984, with retrospective effect from 1st april, 1975, which reads thus :'provided that nothing contained in cl. (a) shall apply to a case where the firm is dissolved on ..... that the earlier partnership had stood dissolved on the death of mrs. ellen modi on 12th jan., 1974 and that, therefore, this was a case of succession contemplated by s. 188 of the act and not a case of reconstitution of the partnership within the meaning of s. 187. the ito rejected the contention. the appeal to the cit(a) ..... . it falls outside the scope of s. 187. when the surviving partners in such a case continue the business in partnership, s. 188 is attracted for there is a succession of one by another partnership.5. it is unnecessary to refer to the judgments of the high courts by reason of which the tribunal made the reference directly to this .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(215)ELT14(SC); JT2007(9)SC622; 2007(3)KLT1013(SC); 2007(9)SCALE610; (2007)7SCC242; (2007)8VST661(SC); 2007AIRSCW5209
..... only interprets the law and cannot legislate it. if a provision of law is misused and subjected to the abuse of process of law, it is for the legislature to amend, modify or repeal it, if deemed necessary. (see commissioner of sales tax, m.p. v. popular trading company, ujjain : (2000)5scc515 . the legislative casus omissus ..... which was under consideration in atul glass's case (supra) was 'glass and glass wares' and not the entry to which this case relates. in the amendment made by notification dated 1.9.1987 certain specified articles which otherwise fall within the definition of glass and glass wares were excluded i.e. ornamented or cut ..... the purchase of raw materials and packing materials, an appeal under section 9 of the act was filed which was allowed by the assistant commissioner (judicial) by order dated 11.1.1989. consequentially, the recognition certificate was directed to be amended to the effect that the assessee would be entitled to purchase raw materials and packing materials .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(8)SCALE304; 2008AIRSCW4378; AIR2008SC2611; 2008(5)LH(SC)3119
..... armed forces to recover from a tenant possession of a building which he acquires after his retirement. acceptance of this argument will expose the very section 13a1 of the act to a successful challenge on the ground of violation of article 14 of the constitution for if that were so, a retired military officer who has no house of his own can ..... purchase any building in the occupation of a tenant after his retirement, successfully evict a tenant living in it on the ground that he needs it for his use, then sell it for a fancy price and again because he has no house ..... of her son, on the grounds of denial of title and default in payment of rent; therefore such a suit falls within the jurisdiction of a civil court. therefore, the amendment which has been proposed by the plaintiff, the same is unnecessary and is not bona fide. due to the reason of such a situation, there is no necessity to dismiss .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2007(112)FLR636]; [2007(2)JCR132(SC)]; JT2006(10)SC549; 2007(1)KLT133(SC); (2007)IILLJ3SC; (2007)147PLR191; 2006(12)SCALE171; (2007)1SCC584
..... a summary method to determine contribution in case of deliberate default on the part of the employer. by amendment act 29 of 1989, sections 45-c to 45-i were inserted in the principal act, for the purpose of effecting recovery of arrears by attachment and sale of movable and immovable properties or establishment of the principal or ..... the order under section 45a need not be executed by the corporation before the e.s.i. court under section 77. as such, the amendment to section 77(1a)(b) proviso by act 29 of 1989 providing five year limitation has no relevance so far as orders passed by the corporation under section 45a are concerned.13. where ..... such order as an arrear of land revenue under section 45b or the recovery under sections 45c to 45-i. 45b. recovery of contributions.--any contribution payable under this act may be recovered as an arrear of land revenue.74. constitution of employees' insurance court.--(1) the state government shall, by notification in the official gazelle, constitute .....
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