Court : Supreme Court of India
..... respondent by special commissioner no.2 court vide of delhi police judgement and ors. (c.t. dated 536/2018); u/s 05.06.2018. 4(2) & (3), sc & st amendment act, 2015 r/w rule 5, 6(2) of sc & st rules 1995 xiii. k apil modi v. 10.09.2018 the appellants dismissed amir pasrich administrator by ld. mm, and ..... air1961sc1040: (1961) 2 scr493: (1961) 41 itr290 this court held that by the fiction in section 10(2)(vii) second proviso read with section 2(6-c) of the indian income tax act, 1922 what is really not income is, for the purpose of computation of assessable income, made taxable income. besides the decision in cit v. bipinchandra maganlal & co. ltd. [ ..... 2018, appellant no.4 filed a complaint before sho, p.s. fatehpur beri, against the administrator of orea. the said complaint is not made under any specific section of the indian penal code, 1860. the administrator, however, considering the nature of the allegations in the fir lodged against him before sho, p.s. fatehpur beri, on 06.04.2018, .....
Tag this Judgment!Court : Supreme Court of India
..... atomic 12 (1) all mining leases for minerals granted to a government company or corporation before the date of commencement of the mines and minerals (development and regulation) amendment act, 2015 (io of 2015), namely, the 12th january, 2015, shall be deemed to have been granted for a period of fifty years. (2) the state government ..... government company or corporation for renewal of mining leases and which were pending as on the date of commencement of the mines and minerals (development and regulation) amendment act, 2015 (10 of 2015) shall be deemed to be applications for extension of the period of the mining lease and shall be disposed of in accordance ..... any winning or mining activities from the three mines. on liquidation of the holding company, bpmel, the power of attorney stood terminated, per section 20120 of the indian contract act, 1872. moreover, omdc, a subsidiary of bpmel, is a separate juristic entity. the plea that the juristic entity should be ignored has not been raised or .....
Tag this Judgment!Court : Supreme Court of India
..... posed by component (iii). however, in deciding this reference, component (i) would also have a significant role apart from the explanation inserted by way of an amendment of the cpc.36. let us now briefly attempt a deeper analysis of the provision. we are conscious that the provisions relating to review have been considered in ..... is necessary to do complete justice in any cause or matter pending before it.93. insofar as inherent powers are concerned, it has been held by this court in indian bank v. satyam fibres44 that:43. (2021) 13 scc144 (1996) 5 scc550page 62 of 90 22. the judiciary in india also possesses inherent power, specially under ..... the party affected should not, in our opinion, have a right to get the judgment reviewed. an amendment adopting the kerala view will create a serious practical problem. it will keep alive the possibility of review indefinitely. under the limitation act, the period of limitation for an application for review has been prescribed, but the delay can, for .....
Tag this Judgment!Court : Supreme Court of India
..... 2023 page 7 of 84 the indian partnership act, 1932, the indian contract act, 1872, the sale of goods act, 1930, the limitation act, 1963, the arbitration and conciliation act, 1996, the motor vehicles act, 1988, the commercial courts act, 2015 the family courts act, 1984, the environment (protection) act, 1986, the wild life (protection) act, 1972, the indian penal code, 1860, the code ..... of the total seats. the relevant observations read as under: - 6. having regard to various strategies available, we are of the considered view that suitable amendment is to be made for this 25% quota of limited departmental competitive examination. we are also of the view, with the past experience, that it ..... for recommending the setting up of an all india judicial service appeal to us.12. since the setting up of such a service might require amendment of the relevant articles of the constitution and might even require alteration of the service rules operating in the different states and union territories, .....
Tag this Judgment!Court : Supreme Court of India
..... 50,000/-.15. mr. dama seshadri naidu, learned senior counsel appearing for the respondents has submitted that he is not in a position to support the judgment amending the paragraphs 28 and 29 and directing the payment of the revised amount of rs. 151,59,94,542/-. it is unimaginable as to how the ncdrc could ..... this committee was to investigate and report the cause of the collapse. an fir was also lodged against the respondents for offences under sections 304/308 of the indian penal code, 1860. after investigation, a final report dated 19.03.2010 was filed wherein the officials of the respondent companies were charged under the said 4 ..... on a proper review of the design by the contractors / design consultants. as such, the supervision consultants are responsible for these lapses. 9.5 m/s freyssinet acted as specialist agency to m/s hyundai for supply, installation and operation of the form traveller equipment for cantilever construction, post - tensioning work and installation of stay cables .....
Tag this Judgment!Court : Supreme Court of India
..... maan (dead) by lrs. & ors.4 holding that since section 97(1) of the code of civil procedure (amendment) act, 1976 has no application to section 41 of the punjab act, therefore, section 41 of the punjab act would necessarily continue as a law in force and the second appeal before the high court has to be heard within ..... and foremost, when section 97(1) of the code of civil procedure (amendment) act, 1976 speaks of any amendment made or any provision inserted in the principal act by virtue of a state legislature or a high court, the said section refers only to amendments made and/or provisions inserted in the code of civil procedure itself and not ..... without framing a substantial question of law.11. it would be appropriate to refer to the provision contained in section 41 of the punjab act in juxtaposition to section 100 cpc, before its amendment in 1976, to appreciate and understand the jurisdiction of punjab and haryana high court in second appeal. the provisions are reproduced hereunder for .....
Tag this Judgment!Court : Supreme Court of India
..... amendment8, the right to property drifted from part iii to part xii of the constitution, there continues to be a potent safety net 8 constitution (forty-fourth amendment) act, 1978. 15 against arbitrary acquisitions, hasty decision-making and unfair redressal mechanisms. despite its spatial placement, article 300a9 which declares that no person shall be ..... were land needed for public purpose within the meaning of the land acquisition act, 1894 (i of 1894) (2) .. (3) for the purpose of acquisition of immovable property under this section, the land acquisition act, 1894, shall be subject to the amendment that the market value of any land or building to be acquired shall ..... be deemed, for the purpose of sub- section (1) of section 23 of the act, to be the market- value determined according to the disposition .....
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..... because various acts like legal practitioners act, 1879, bombay pleaders act, 1920, indian bar councils act, 1926 were in force during pre-independence era. however, on the advocates act, 1961 having come into force, the 30 provisions of the said acts stood repealed as per section 50 of the advocates act. the advocates act 1961 was enacted to amend and consolidate ..... . advocate is one who has been entered in any roll under the provisions of the advocates act. if we glean over the provisions of the advocates act, 1961, it appears that the said act was enacted to amend and consolidate the law relating to legal practitioners and to provide for the constitution of bar councils ..... challenges to consumer protection and will require appropriate and swift executive interventions to prevent consumer detriment. therefore, it has become inevitable to amend the act to address the myriad and constantly emerging vulnerabilities of the consumers. in view of this, it is proposed to repeal and re-enact the .....
Tag this Judgment!Court : Supreme Court of India
..... under section 457 cr.p.c. this further reinforces our view regarding the lacuna which was sought to be fixed. therefore, the 8 main object underlying the amendment appears to be a mere gap-filling exercise and an attempt to fix a basic omission in legislative drafting.12. it is in this background that we ..... 2) such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer. (3) every police officer acting under sub-section (1) shall forthwith report the seizure to the magistrate having jurisdiction and where the property seized is such that it cannot be conveniently transported to ..... 2) such police officer, if subordinate to the officer in charge of a police station, shall forthwith report the seizure to that officer (3) every police officer acting under sub-section (1) shall forthwith report the seizure to the magistrate having jurisdiction and where the property seized is such that it cannot be conveniently transported to .....
Tag this Judgment!Court : Supreme Court of India
..... by introducing particulars in regard to a corrupt practice not previously alleged or pleaded within the period of limitation in the election petition. in other words the amendment or amplification must relate to particulars of a corrupt practice already pleaded and must not be an effort to expand the scope of the enquiry by introducing particulars ..... court while dealing with an election petition exercises powers under the cpc, those powers are subject to the provisions of the 1951 act and of any rules made thereunder. in consequence, the general power of amendment of a pleading or of grant of leave to file replication, as is 16 (1999) 9 scc386 paragraph 45 civil appeal ..... witness or witnesses is doing so on frivolous grounds or with a view to delay the proceedings. (2) the provisions of the indian evidence act, 1872 (1 of 1872), shall subject to the provisions of this act, be deemed to apply in all respects to the trial of an election petition. 6 cpc7order viii rule 9. subsequent pleadings. .....
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