Court : Supreme Court of India
..... 2)(a) were substituted by the amending act of 2019. section 8(2)(a) as amended stipulates that a vc shall be eligible for reappointment for another term 18 of four years subject to the satisfaction of the state government and on the basis of his past academic excellence and administrative success established during his term of office ..... (c) of section 8(1) provides for the constitution of a search committee. in 2019, the state legislature enacted the west bengal university laws (amendment) act 2019. the amended act was assented to by the governor of west bengal and was published in the official gazette on 27 august 2019. as a result of the 8 ..... 18. in its counter affidavit filed before the high court, the state government submitted that in accordance with the amended provisions of the act, the state government considering the past academic excellence and the administrative success of the incumbent vc recommended her re-appointment for a further term of four years or until she attains the .....
Tag this Judgment!Court : Supreme Court of India
..... to adjudication by the appropriate commission. appeal against the decisions of the appropriate commission shall be made only as per the provisions of the electricity act, 2003, as amended from time to time. the obligations of the procurers under this agreement towards the seller shall not be affected in any manner by reason of inter ..... it was tasked with the project to 11 civil appeal no.11826 of2018etc. ascertain about the availability of water inter alia. water is an indispensable factor for the successful running of the power plant which was contemplated. wapcos made available its report on 03.08.2006. (10) reliance power limited applied pursuant to the rfp. ..... to verify geological data through his own sources, as the geological risk would lie with the project developer. the project site shall be transferred to the successful bidder at a declared price. 4 civil appeal no.11826 of2018etc. provided that for the projects from which more than one distribution licensees located in different .....
Tag this Judgment!Court : Supreme Court of India
..... might have been inflicted under the law in force at the time of the commission of the offence. it is quite clear that insofar as the central amendment act creates new offences or enhances punishment for a particular type of offence no person can be convicted by such ex post facto law nor can the enhanced ..... punishment prescribed by the amendment be applicable. but insofar as the central amendment act reduces the punishment for an offence punishable under section 16(1)(a) of the act, there is no reason why the accused should not have 11 article 20 (1) reads as ..... not violative of article 20 (1). the statement of objects and reasons to the amendment (of 2013) is extracted below: the wakf act, 1995, [which repealed and replaced the wakf (amendment) act, 1984]. came into force on the 1st day of january, 1996. the act provides for the better administration of auqaf and for matters connected therewith or incidental thereto .....
Tag this Judgment!Court : Supreme Court of India
..... failed in his attempt to get the registration of the party cancelled. it is submitted that section 29-a of the act, 1951 was inserted by way of amendment, with effect nom 15.03.1989. this amendment, inter alia, prescribed that a political party memorandum seeking registration, shall either file a memorandum or the rules and regulations ..... association or body shall bear true faith and allegiance to the principles of socialism, secularism and democracy. it is submitted that section 29-a did not require an amendment to the constitution. 3.2 it is submitted that the shiromani akali dal (badal) [sad(b)]. applied for registration under the said provision criminal appeal no. ..... singh and ors. vs. state of punjab and ors., air1959sc860 s.r. bommai and ors. vs. union of india and ors., (1994) 3 scc1 and commissioner, hindu religious endowments, madras vs. sri lakshmindra thirtha swamiar of sri shirur mutt, 1954 scr1005 3.6 it is submitted that being religious is not antithetical to secularism. one .....
Tag this Judgment!Court : Supreme Court of India
..... was constructed on 5390 sq. ft. utilising the entire land of 9800 sq. ft of the said khasra. it is relevant to note that vide act of 68 of 1984, amendment in the la act was introduced adding section 11 a, whereby passing an award determining the compensation within period of two years was made necessary. in case the award ..... vs. vasantrao and others, (2002) 7 scc657, wherein it was clarified that the subsequent amendment made by act no.68 of 1984 will have no effect on the acquisition made under the state act, which means the lapsing provision under section 11 a introduced by act of 68 of 1984, does not apply to acquisition of land by nagpur improvement trust ..... (2014) 15 scc116, wherein it was held that the nit act is a complete code in itself, except to apply the provisions of the la act that stood legislatively incorporated in the said act, and other provisions would not apply. it was held that the subsequent amendment made by act 68 of 1984 inserting section 11 a would have no effect on .....
Tag this Judgment!Court : Supreme Court of India
..... a member of the rpf by virtue of their inclusion in the definition of a railway servant .16. it was also submitted that by workmen s compensation (amendment) act, 2009, with effect from 18.01.2010, the term workman was civil appeal no.3592 of 2019 page 8 of 31 substituted by the term employee and, therefore, clause (n) ..... entries in schedule ii which are referable to railways. these are entry nos. (i), (xii) and (xiii). these entries in schedule ii, as it stood prior to the amendment brought about by act no.45 of 2009, along with the opening part of schedule ii are extracted below: schedule ii list of persons who, subject to the provisions of section 2 (1 ..... are: (i) whether a constable of a railway protection force (rpf) can be treated as a workman under section 2(1) (n) of the 1923 act even though, by virtue of amended section 3 of the 1957 act, he is a member of the armed forces of the union?. (ii) whether, on account of availability of alternative remedy to apply for compensation under .....
Tag this Judgment!Court : Supreme Court of India
..... ) the powers of the governor with respect to the appointment/removal of the vice-chancellor of maharshi dayanand university, rohtak under the maharshi dayanand university (amendment) act, 1980 were considered wherein a direction was sought with regard to the renewal of the term of the vice-chancellor of the said university. certain promises ..... university from b to b. he was instrumental in digitizing the university by introducing digital document filling system (ddfs) and enthusiastically directed the university to amend its status in tune with ugc regulations, 2018. he also initiated steps for starting a separate research directorate page 7 of 72 with the aim ..... xxx xxx xxx 29. a discretionary jurisdiction, furthermore, must be exercised within the four corners of the statute. [see akshaibar lal (dr.) v. vice-chancellor, banaras hindu university [(1961) 3 scr386: air1961sc619 and also para 9-022 of de smith, woolf and jowell: judicial review of administrative action, 5th edn., p.445]..74. .....
Tag this Judgment!Court : Supreme Court of India
..... the plaintiffs had succeeded in proving the execution of the will in terms of the provisions under section 63 of the indian succession act, 1925 (for brevity, the succession act ) and section 68 of the indian evidence act, 1872 (for short, the evidence act ). however, even after finding that the will was executed by mrs. cecilia gertrude lobo the high court reversed the judgment ..... the present proceedings despite being served. above all, it is an indisputable fact that the 5th defendant had earlier attempted to 12 bring in a case by way of amendment (though ultimately failed to prove) that the will in question dated 10.11.1992 was subsequently revoked by the testatrix on 20.11.1992 as per ext.d5. ..... be said that a person afflicted with arthritis would not be in a position to read and understand the contents of a document. we have also adverted to the amendment sought to be brought in by 27 defendant no.5 by producing ext.d5 and what turns out of it. when the above being the position, by no .....
Tag this Judgment!Court : Supreme Court of India
..... substantial compliance with section 42 or not is a question of fact to be decided in each case. the above position got strengthened with the amendment to section 42 by act 9 of 2001."24. in rajinder singh v. state of haryana[34]., placing reliance on the constitution bench, it has been opined that ..... however, the submission is not acceptable as it is a settled legal proposition that a penal provision providing for enhancing the sentence does not operate retrospectively. this amendment, in fact, provides for a procedure which may enhance the sentence. thus, its application would be violative of restrictions imposed by article 20 of the constitution ..... stood at the relevant time read as follows:"8. punishment for contravention in relation to opium poppy and opium.- whoever, in contravention of any provision of this act, or any rule or order made or condition of licence granted thereunder cultivates the opium poppy or produces, manufactures, possesses, sells, purchases, transports, imports inter- .....
Tag this Judgment!Court : Supreme Court of India
..... of the corporation, the provision under clause 2(ii) of certified standing orders surely overrides the policy decision, as the said clause is not amended by following the provisions of the act of 1946 and therefore, the said argument does not hold water as the certified standing orders of the corporation as per the judgments of this ..... policy being applicable to the concerned workmen cannot be called as the policy document passed under section 30a of the act by the central government and moreover, the same was not incorporated by way of an amendment to the certified standing orders of the corporation by following the procedure as provided under section 10 of the industrial ..... under them and to make the said conditions known to workmen employed by them". the scheme of the act, as amended in 1956 and as it now stands, requires every employer of an industrial establishment as defined in the act to submit to the certifying officer draft standing orders, that is, "rules relating to matters set out .....
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