Court : US Supreme Court
..... diminished during their term of service by virtue of such service, nor shall such period of service be deducted from any leave of absence authorized by law." this act amended the prior provision known as 217 of the code of law for the district of columbia approved march 3, 1901 (code d.c.1929 tit. 18, ..... those who receive governmental pensions and gratuities. fourth. respondent also raises the question of the validity of the statute under the due process clause of the fifth amendment. for the reasons already given, we find nothing arbitrary or capricious in the legislative action. the judgment of the court of appeals is reversed, and ..... absence of other evidence, that the common law rule was different in the colonies from that in england, much less that the congress which proposed the sixth amendment, or the state legislatures which ratified it, undertook to establish an absolute disqualification of all governmental employees beyond the control of the congressional power. respondent relies .....
Tag this Judgment!Court : US Supreme Court
..... and suitable boilers and appurtenances thereto. c. 103, 36 stat. 913. the latter act was among those referred to in the georgia case, and held not to oust the authority of the state because it did not appear either that congress had acted, or that the interstate commerce commission, under the authority of congress, had established any regulations concerning headlights. the amendment of 1915 ..... commission shall be preceded by notice and an opportunity for a hearing. in the case before us, the supreme court of indiana construed the act of 1909 as supplemental to the act of 1905, which, as amended in 1907 (acts 1907, p. 469, 6; burns' anno.ind.stat. 1908, 5536), gave to any carrier or other party dissatisfied with any order made by the .....
Tag this Judgment!Court : Supreme Court of India
..... between the plaintiff and defendant no.1. the first appellate court observed that in his first written statement he denied the execution of the agreement but subsequently after amendment in the plaint and impleadment of the appellant, he admitted the claim of the plaintiff. the first appellate court further observed that the doctrine of lis pendens is ..... which special leave to appeal was filed. in the above background, this court observed the following in para 12: 12. the principles specified in section 52 of the tp act are in accordance with equity, good conscience or justice because they rest upon an equitable and just foundation that it will be 3 (2006) 13 scc60812 impossible to ..... in good faith but the principle of lis pendens will certainly be applicable to the present case notwithstanding the fact that under section 19(b) of the specific relief act his rights could be protected.14. in a recent judgment of this court in chander bhan (d) through lr. sher singh vs. mukhtiar singh & ors.5 .....
Tag this Judgment!Court : Supreme Court of India
..... regards the retrospective operation of a substituted provision, it was held that where a repeal of provisions of enactment is followed by fresh legislation by an amending act, such legislation is prospective in operation and does not affect substantive or vested rights of the parties unless made retrospective either expressly or by necessary intendment ..... obstante clause would not be an impediment for an operation of the enactment. 92 in re: interplay between arbitration agreements under the arbitration and conciliation act 1996 and the indian stamp act 1899, 2023 insc1066[165]. 93 state of bihar v. bihar rajya mseskk mahasangh, (2005) 9 scc129[45]. 94 union of india v. ..... .org/en/topics/imf-and- covid19/policy-responses-to-covid-19 125 in re: interplay between arbitration agreements under the arbitration and conciliation act 1996 and the indian stamp act 1899, 2023 insc1066[159]. page 81 of 112 part e ensure that the provisions of the two enactments are interpreted harmoniously unless there .....
Tag this Judgment!Court : Supreme Court of India
..... treated as a criminal tribe in that district or province.187 111 several indian states of pre-independent india had enacted their own local ..... answer the roll call and give attendance to a police constable four times at night 6 pm, 12 midnight, 4 am, ad 6 am.194 187 criminal tribes (amendment) act, 1925. 188 the criminal tribes enquiry committee report (1949-50), https://ia802807.us.archive.org/11/items/dli.csl.944/944.pdf, p. 71 189 ibid 190 ..... .archive.org/11/items/dli.csl.944/944.pdf, 6 183 section 6, criminal tribes (amendment) act 1923 https://164.100.163.187/repealedfileopen?.rfilename=a1923- 1.pdf 184 section 8, criminal tribes (amendment) act 1923 185 section 12, criminal tribes (amendment) act 1923 186 act no.06 of 1924 67 part xi province or to another province, he shall still be .....
Tag this Judgment!Court : Supreme Court of India
..... of the constitution bench in the said case, which read thus: there can be no controversy that section 13- a, introduced by section 5 of the second amendment act, deals only with the appellant. in fact, the stand taken on behalf of the respondents in the counter affidavit filed before the high court, was to the ..... 14 of the constitution.45. in the case of dharam dutt and others v. union of india and others16, the court was considering the validity of indian council of world affairs act, 2001. in the said case, again a similar argument was advanced before the division bench of this court. rejecting the said argument, the court observed ..... the judgments of this court in the cases of chandan banerjee and others v. krishna prosad ghosh and others9 and state of tamil nadu and another v. national south indian river interlinking agriculturist association10. 9 (2022) 15 scc453:2021. insc51610 (2021) 15 scc534:2021. insc7779 13. shri farasat further submitted that the appellants had no vested .....
Tag this Judgment!Court : Supreme Court of India
..... object is that a registered person does not take advantage of both depreciation and itc.29. now we come to sub-section (4) of section 16. before the amendment made by the finance act, 2022, the sub-section read thus: 16. .. .. .. .. .. .. .. .. .. (4) a registered person shall not be entitled to take input tax credit in respect of any ..... included in the definition of plant . in decided cases, the high courts have rightly understood the meaning of the term plant in a wide sense. (see cit v. indian turpentine and rosin co. ltd. [(1970) 75 itr533.9. if the dictionary meaning of the word plant were to be taken into consideration on the principle that the ..... and carnatic co. ltd., etc.10, jindal stainless ltd. and anr. v. state of haryana and ors.11 and state of tamil nadu and anr. v. national south indian river interlinking agriculturist association12. the true import of the legislative provision is to be understood from the plain reading of the provision and not on the basis of affidavits or .....
Tag this Judgment!Court : Supreme Court of India
..... "state lawlessness and constitution of india: a study of custodial deaths", comparative constitutional law 270 (mahendra p. singh ed., 1989). 11 section 114-b in the indian evidence act, 1872, so as to reverse the burden of proof in cases of custodial death onto the police themselves. despite decades having passed since then, this recommendation has not ..... resorting to third degree methods within the secrecy and safety of police lock-up 7.18. in fact, in ram sagar yadav (supra), this court had suggested amendment of the law relating to burden of proof in case of custodial deaths. in response thereto, the law commission of india, in its 113th report (1985) on ..... their innocence, be it in a case of death in police custody or even if such a victim goes missing or vanishes. notably, section 29 of the indian police act, 1861, makes willful breach of regulations by a policeman and causing of unwarrantable personal violence to any person in his custody, punishable with fine or imprisonment. further .....
Tag this Judgment!Court : Supreme Court of India
..... be worthwhile to note that section 15 of the pocso had undergone a significant change by virtue of the protection of children from sexual offences (amendment) act, 2019 (for short, the 2019 amendment act ), whereby several key changes were introduced. we shall discuss the said provision viz- -viz the unamended provision of section 15 along with the ..... that the respondent no.1 had transmitted or published the same, no offence whatsoever could be said to have been made out either under the pocso, it act or the ipc and thus quashed the criminal proceedings. the relevant observations read as under: - 8. this court had the advantage of going through the entire cd file ..... promotes safer practices among those who are sexually active.18240. another common belief is that sex education is a western concept that does not align with traditional indian values. this view has led to resistance from various state governments, resulting in bans on sex education in schools in some states. this type of .....
Tag this Judgment!Court : Supreme Court of India
..... was registered against six persons under section 212, 213/34, 414 of the indian penal code, 1860 and sections 13, 17, 40 of the unlawful activities (prevention) act, 19673 and section 17 of the criminal law amendment act, 1908 on the allegation that rs.25.83 lakhs of demonetized currency was brought ..... s.17 required a sanction from the central government or the authorised officer to initiate prosecution. 14. the parliament, in 2008, while enacting amending act 35 of 2008 had consciously incorporated the provision requiring a recommendation from an authority and retained the requirement of sanction from the appropriate government, as ..... to be noted that pursuant to the recommendation of the committee on national integration and regionalisation appointed by the national integration council act on whose recommendation the constitution (sixteenth amendment) act, 1963 was enacted, uapa has been enacted. it appears that the national integration council appointed a committee on national integration .....
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