Court : Supreme Court of India
..... 32 539 us558(2003) 26 north carolina held that the state law criminalizing adultery violated the substantive due process, and the right to liberty under the fourteenth amendment to the u.s. constitution, and the provision criminalizing adultery was declared unconstitutional. canada in canada, the criminal code of canada under section 172 imposes criminal ..... and not the woman. this position may have undergone some change over the years but it is for the legislature to consider whether section 497 should be amended appropriately so as to take note of the transformation which the society has undergone . constitutionality, unless, infringed. it 17 proceeding further, the three-judge bench ..... the law has rightly provided so.50. in this regard, we may also note how the extramarital relationship cannot be treated as an act for commission of an offence under section 306 ipc. in pinakin mahipatray rawal v. state of gujarat37, the court has held :- 27. section 306 refers to abetment of suicide which .....
Tag this Judgment!Court : Supreme Court of India
..... sub section (1), shall have the same force as an order or decree of the supreme court. 73. relying on section 6(2), which was introduced by way of amendment act 2002 (act no.14 of 2002) that came into force from 6.8.2002, it is submitted by mr. rohatgi that the jurisdiction of this court is ousted as it cannot ..... (1), shall have the same force as an order or decree of the supreme court. 73. relying on section 6(2), which was introduced by way of the amendment act, 2002 (act 14 of 2002) that came into force from 6-8-2002, it is submitted by mr rohatgi that the jurisdiction of this court is ousted as it cannot sit over ..... bill. those decisions require discussion for adjudicating the present case. in mangalore ganesh beedi works v state of mysore118 ( mangalore beedi ), a new system of coinage was introduced by amending the indian coinage act. under the new system, while one rupee 117 ibid, at page 350 118 1963 supp (1) scr275129 part e was divided into a hundred naya paisas, the old legal .....
Tag this Judgment!Court : Supreme Court of India
..... couple does not amount to rape, it definitely should not be labelled and designated as unnatural offence under section 139 377 ipc. if any proclivity amongst the heterosexual population towards consensual carnal intercourse has been allowed due to the criminal law (amendment) act, 2013, such kind of proclivity amongst any two persons including lgbt community cannot be treated as untenable so long as ..... criminalizing even voluntary carnal intercourse between homosexuals, heterosexuals, bisexuals and transgenders. section 375 ipc, after the coming into force of the criminal law (amendment) act, 2013, has not used the words 163 subject to any other provision of the ipc . this indicates that section 375 ipc is not subject to section 377 ipc. (xii) the expression against the order of nature has neither been defined in .....
Tag this Judgment!Court : Supreme Court of India
..... on behalf of hgml, submit that before geomysore and deccan were granted rp, hgml had already done a lot of work in the area. according to them, after the amendment of the act, now these mines can only be auctioned. reliance has been placed on para 160 of monnet ispat & energy ltd. v. union of india & ors2. case. it was ..... by the state government under sub-section (2) of section 17-a has no reference to the entertaining of applications under section 11 or the preferences available thereunder .. 34. in indian charge chrome (supra), an area of 1812.993 hectares of land was granted to tata iron and steel company ltd. (tisco) for mining of chromite ore. initially, lease ..... i.e.,orissa mining corporation ltd. 29 (hereinafter referred to as omc ). this action of the state government was set aside by the high court. this court in indian charge chrome (supra) was dealing with the appeals filed by those applicants other than the 4 who had been granted mining leases and also the appeal filed by omc and .....
Tag this Judgment!Court : Supreme Court of India
..... he also submitted that the government of india had issued advisories on 3rd february, 2005, 1st april, 2010 and 23rd may, 2016 and also further amended the atrocities act vide amendment act no.1 of 2016 which provides for creation of special courts as well as exclusive special courts. referring to the data submitted by the national crime ..... coats of paint. in indra sawhney and ors versus union of india and 44. ors.51 this court observed: 339. secularism is the basic feature of the indian constitution. it envisages a cohesive, unified and 51 1992 supp(3) scc21754 casteless society. the constitution has completely obliterated the caste system and has assured equality before ..... give the following directions:11. 1. all the state governments to instruct its police officers not to automatically arrest when a case under section 498-a ipc is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from section 41 crpc; 11.2. all police officers .....
Tag this Judgment!Court : Supreme Court of India
..... of the constitution. the law commission by its 22nd report had recommended for deletion of section 309 and a bill was introduced in 1972 to amend the indian penal code by deleting section 309. the constitution bench dwelt the question as to whether right to die is included in article 21. the ..... provided in other jurisdiction in many ways i.e. by prescribing the form that the directive must take, by specifying who may act as witnesses, by allowing the possibility of amendment and by allowing the validity of the directive to be challenged. some of these examples are as follows: writ petition (civil) ..... practitioners and to mental health professionals against being held liable for unforeseen consequences upon following an advance directive189. 134 chapter iv of the mental healthcare act 2017 contains detailed provisions for the appointment and revocation of nominated representatives. the provisions contained in chapter iv stipulate qualifications for appointment of nominated representatives; .....
Tag this Judgment!Court : Delhi
..... adjudication of the disputes has been given to the managing director of the respondent alone.8. section 12(5) of the act was introduced in the act by way of the arbitration and conciliation (amendment) act, 2015 and is reproduced herein below: (5) notwithstanding any prior agreement the contrary, any person whose relationship, with ..... (2007) 5 scc304that arbitration agreements in government contracts which provide for arbitration by a serving employee of the department, are valid and enforceable. while the supreme court, in indian indian oil corpn. ltd. v. raja transport (p) ltd., (2009) 8 scc520: (2009) 3 scc (civ) 460, carved out a minor exception in situations ..... has been given the power to appoint arbitral tribunal for the parties, have been in existence and upheld by court from much prior to the law commission report:-"(i) indian drugs & pharmaceuticals ltd. v. indo swiss synthetics gem manufacturing ltd., (1996) 1 scc54 (ii) datar switchgears ltd. vs. tata finance ltd. & anr. ( .....
Tag this Judgment!Court : Supreme Court of India
..... have a minimum of six months time to approach the labour court. that is ensured by adding the words "or the date of commencement of the industrial disputes (karnataka amendment) act, 1987, which is later" to the words "within six months from, the date of communication to him of the order of discharge, dismissal, retrenchment or termination." ..... filing untenable claim. this court in mrutunjay pan v. narmada bala sasmal & anr. air1961sc1353has observed : .the following three conditions shall be satisfied before s.90 of the indian trusts act can be applied to a case: (1) the mortgage shall avail himself of his position as mortgagee; (2) he shall gain an advantage; and (3) the ..... judiciary has to be sustained court has to adopt pragmatic approach. the doctrine of restitution has been considered thus: 37. this court in another important case in indian council for indian council for enviro-legal action v. union of india and ors. (2011) 8 scc161(of which one of us, bhandari, j.was the author of the .....
Tag this Judgment!Court : Supreme Court of India
..... issue the birth certificate, unless there is a court direction to the contrary 150. 86 while considering the constitutional validity of the constitution (ninety-ninth amendment) act, 2014 which enunciated an institutional process for the appointment of judges, the concurring judgment of justice madan b lokur in supreme court advocates on record ..... only if it has reasonable basis or reasonable materials to support it. 104 (emphasis supplied) the court dealt with the application of section 73 of the indian stamp act (as amended), to documents of a customer in the possession of a bank. the court held: once we have accepted in gobind [(1975) 2 scc148:1975. ..... in district registrar and collector, hyderabad v canara bank98 ( canara bank ), a bench of two judges of this court considered the provisions of the indian stamp act, 1899 (as amended by a special law in andhra pradesh). section 73, which was invalidated by the high court, empowered the collector to inspect registers, books and records .....
Tag this Judgment!Court : Karnataka
..... 2012 llr292 it was held that what is substituted in section 2(e) and what is inserted by section 13-a of the payment of gratuity act, 1972 by amendment act of 2009 are neither violative of article 14 nor violative of article 19(1)(g) of the constitution, as no substantive right was earlier created in ..... and 227 of the constitution of india praying to issue a judicial declaration that the retrospective operation (prior to 31-dec-2009) of the payment of gratuity (amendment) act, 2009 operates unreasonably, arbitrarily and harshly in respect of private unaided educational institutions in the state of karnataka and is therefore, in violation of the constitutional ..... legislatures to make laws is conferred by articles 245, 246 and 248 of constitution of india. there is nothing in the said articles to suggest that the indian legislatures do not possess the power to make retrospective legislations, which every sovereign legislature possesses. in the case of state of tamil nadu v. arooran sugars ltd .....
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