Court : Supreme Court of India
..... lord atkinson stated in roberts vs. hopwood & ors. 1925 ac 578.the state cannot act in furtherance of eccentric principles of socialistic philanthropy . in view of the above, a reference was also made to bromley london borough council, london vs. greater council & anr. 1982 (2) wlr 6.and r vs. secretary of state for foreign ..... distribute free laptops to all the students studying in the state board. again, this classification is arbitrary since there are numerous similarly placed students in central board schools who were being excluded by this scheme. the scheme also excludes commerce, law and medical college students and violates article 14 by not providing ..... the publication in the official gazette of the appointment, resignation, termination of service, dismissal or removal from service of a person in the service of the central government (including a person serving in connection with the administration of a union territory) or of a state government shall be conclusive proof- (i) of such .....
Tag this Judgment!Court : Supreme Court of India
..... to avoid any possible conflict or confusion. vijay madanlal choudhary (supra):27. 27. the task of the director or an authority authorised by the central government under the 2002 act for the collection of evidence is the intrinsic process of adjudication proceedings. in that, the evidence so collected by the authorities is placed before the ..... confiscation, as a result of which, the proceeds of crime would vest in the central government in terms of section 9 of the 2002 act. in other words, the role of the authorities appointed under chapter viii of the 2002 act is such that they are tasked with dual role of conducting inquiry and collect evidence ..... order. we need to keep in mind that the expanse of the provisions of the 2002 act is of prevention of money- laundering, attachment of proceeds of crime, adjudication and confiscation thereof, including vesting of it in the central government and also setting up of agency and mechanism for coordinating measures for combating money- laundering. .....
Tag this Judgment!Court : Supreme Court of India
..... account of the factors mentioned in subsection (6), and (ii) assuming the offender has pleaded not guilty. section 128 of the coroner and justice act, 2009 128 monitoring (1) the council must (a) monitor the operation and effect of its sentencing guidelines, and (b) consider what conclusions can be drawn from the information obtained by ..... summary of the information obtained under subsection (1)(a), and 70 (b) a report of any conclusions drawn by the council under subsection (1)(b). sentencing act 2020 (uk) section 3 of the sentencing act, 2020 deferment of sentence3deferment order (1) in this code deferment order means an order deferring passing sentence on an offender ..... (f) the results of the monitoring carried out under section 128. 67 section 121 of the coroner and justice act, 2009 121 sentencing ranges (1) when exercising functions under section 120, the council is to have regard to the desirability of sentencing guidelines which relate to a particular offence being structured in the .....
Tag this Judgment!Court : Supreme Court of India
..... and functions exercisable by a district judge under the criminal law amendment ordinance, 1944 (ord. 38 of 1944). 22. section 3(1) of the pc act confers power on the central government or the state government to appoint as many special judges as may be necessary, for such area or areas or for such cases or group of ..... person, individually or jointly, trial could be conducted only by the special judge who is conferred with the jurisdiction by the central government or the state government, as the case may be, under the pc act. shri malhotra submitted that on the death of a public servant, the jurisdiction once vested on the special judge cannot be ..... special judges and chapter iii deals with the offences and penalties. section 3 of the pc act deals with the power to appoint special judges, which is extracted hereunder for an easy reference: 3. power to appoint special judges.- (1)the central government or the state government may, by notification in the official gazette, appoint as many .....
Tag this Judgment!Court : Supreme Court of India
..... was not an implied power to hold an enquiry in the circumstances of the case in view of the provisions of section 4 of the central excise act read with rule 10-a of the central excise rules and referred to the aforesaid passage "the maxim is often a valuable servant, but a dangerous master ..." and held that the ..... reasonable complaint has been made or credible information has been received, or a reasonable suspicion exists of his having been so concerned. obviously, he is not expected to act in a mechanical manner and in all cases to arrest the [pic].accused as soon as the report is lodged. in appropriate cases, after some investigation, the investigating ..... documents being in custody of the accused could not be otherwise produced except on arrest in the course of investigation and in accordance with section 27 of the evidence act. option of proceeding under section 202, as against section 156(3), has to be exercised only when evidence has already been collected and what remained to be .....
Tag this Judgment!Court : Supreme Court of India
..... . for clarification, we deem it appropriate to observe that such enactments dealing with several areas of commerce and fiscal implications, like the customs act, 1962 and the central excise act, 194417, do carry akin provisions reserving a residual power in the highest controlling authority of the department, apart from the appellate powers of ..... (or a committee of such highest authorities) satisfies itself as to the legality and propriety of any decision 17 hereinafter also referred to as the central excise act . 80 taken by the subordinate authority and, in case it finds any points arising from the decision in question, to direct the authority passing ..... and sketch of the matter at the outset.3. the genesis of the present litigation lies in the notifications issued by the central government under the foreign trade (development and regulation) act, 19922 as also the consequential trade notices issued by the directorate general of foreign trade3, making provisions for restricting the import .....
Tag this Judgment!Court : Supreme Court of India
..... creditor either by itself or jointly with other financial creditors or any other person on behalf of the financial creditor, as may be notified by the central government, may file an application for initiating cirp against a corporate debtor before the adjudicating authority when a default is committed by it. the expression ..... statutes. though some statutes define proprietorships, such definition is limited to the context of the statute. for example, section 2(haa) of the chartered accountants act, 1949 defined a sole proprietorship as an individual who engages himself in practice of accountancy or engages in services . notably, proprietorship firms have also not been ..... hundred forty eight only).3. the financial creditor then filed an application under section 19 of the recovery of debts due to banks and financial institutions act, 19936 against the principal borrower before the debt recovery tribunal7 at kolkata.4. during the pendency of the stated action initiated by the financial creditor, .....
Tag this Judgment!Court : Supreme Court of India
..... ors. 26 , harmohinder singh pradhan vs. ranjeet singh talwandi & ors. 27, hari shanker jain vs. sonia gandhi28 and tek chank vs. dile ram29.10. the central issue in these appeals is: whether the contents of the subject election petition disclose cause of action warranting a trial?. the high court by a composite judgment allowed the ..... in paragraph 11 which reads thus: grounds ignored the 8th respondent has the a). whether constitutional spirit of representation of the people act (act 43 of 1950) and act 43 of 1951 with allied acts, rules, orders, model code of conduct for guidance of candidates supplied by the election commission for the election 284, punganur ..... covered by clause (a) of sub-section (1) of section 83 of the act read with clause (a) of rule 11 of order 7 of the code. basic , cardinal , central , pivotal , essential , 48. the expression material facts has neither been defined in the act nor in the code. according to the dictionary meaning, material means fundamental , crucial .....
Tag this Judgment!Court : Supreme Court of India
..... capital asset, being a transfer by way of compulsory acquisition under any law, or a transfer the consideration for which was determined or approved by the central government or the reserve bank of india, is computed under section 48 and the compensation for such acquisition or the consideration for such transfer is enhanced ..... controversy like the present one.36. for what has been discussed hereinabove, in our view, in the matters relating to compulsory acquisition of land under the act of 1894, completion of transfer with vesting of land in the government essentially correlates with taking over of possession of the land under acquisition by the government ..... principal parts of relevant provisions therein, as existing at the relevant point of time. 26.1. the process of acquisition, as contained in part ii of the act of 1894 could be reasonably taken into comprehension by reference to sections 4, 5a, 6, 9, 11 and 16 therein, respectively occurring under the headings preliminary investigation .....
Tag this Judgment!Court : Supreme Court of India
..... gardens, community centers and parking areas of common use; (iv) the premises for the lodging of janitors or persons employed for the management of the property; (v) installations of central services, such as power, light, gas, hot and cold water, heating, refrigeration, air conditioning, incinerating and sewerage; 107 part e (vi) the elevators, tanks, pumps, ..... 15 of the third revised plan dated 2 march 2012 stipulated that: 15. compliance of provisions of uttar pradesh apartment (promotion of construction, ownership & maintenance) act 2010, and directions issued thereunder shall be ascertained. sanctioned site plan/map is enclosed with this letter. application for utility certificate would be made after completion of ..... hence, the law must step in to protect their legitimate concerns. 30 149 in k. ramadas shenoy v. chief officer, town municipal council , chief justice an ray speaking for a two judge bench of this court observed that the municipality functions for public benefit and when it .....
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