Court : Supreme Court of India
Decided on : Feb-07-2014
..... herein, challenged the recommendations of the wage boards and the notification dated 11.11.2011 mainly on the following grounds:- i) constitutional validity of the act and the amendment act, 1974. ii) improper constitution of the wage boards iii) irregularity in the procedure adopted by majithia wage boards. iv) majithia wage boards overlooked ..... attack on the constitutional validity based on article 14 cannot be accepted. challenge qua amendment act, 197421) the petitioners herein have also challenged the vires of the amendment act, 1974 on the ground that extending the benefit of the act to employees other than working journalists is against the object that was sought to be ..... the basis of gross revenue and relied on the observations in indian express newspapers (pvt.) ltd. (supra):- 16 in view of the amended definition of the newspaper establishment under section 2(d) which came into operation retrospectively from the inception of the act and the explanation added to section 10(4), and in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-14-2014
..... provided that any dispute arising under this policy shall be finally and fully determined in london, england under the provisions of the english arbitration act, 1950 as amended . however, it was further provided that this policy shall be governed by and construed in accordance with the internal laws of the state of ..... respondent, according to the learned senior counsel, has to establish the existence of arbitration agreement. dr. singhvi, in this context, relied upon section 7 of the indian arbitration act, 1996 which has three constituents, viz. (i) intention to arbitrate; (ii) existence of a dispute; (iii) existence of some legal relationship. further, ..... that by their agreement the parties have chosen english law as the law to govern their arbitration proceedings, while contractually importing from the indian act those provisions of that act which are concerned with the internal conduct of their arbitration and which are not inconsistent with the choice of english arbitral procedural law. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-27-2014
..... summons without meeting the mandatory requirement of section 202 crpc, though the appellants were outside his territorial jurisdiction. the provisions of section 202 crpc were amended vide the amendment act, 2005, making it mandatory to postpone the issue of process where the accused resides in an area beyond the territorial jurisdiction of the magistrate concerned. ..... november, 2011, he directed for issuance of summons against the accused persons for offence under section 323, 380 and 506 read with section 34 of the ipc. it is relevant here to state that in the complaint, the residence of the accused has been shown at a place beyond the territorial jurisdiction of the ..... have been summoned in a complaint case for commission of offence under section 323, 380 and 506 read with section 34 of the indian penal code, hereinafter referred to as the ipc . respondent no.1 filed a complaint in the court of additional chief judicial magistrate at jangipur, murshidabad on 1st of october, 2011 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-02-2014
..... avoid unnecessary arrest or threat of arrest looming large on accused requires to be vitalised. section 41a as inserted by section 6 of the code of criminal procedure (amendment) act, 2008(act 5 of 2009), which is relevant in the context reads as follows: 41a. notice of appearance before police officer.-(1) the police officer shall, in all ..... above, we give the following direction: all the state governments to instruct its police officers not to automatically arrest when a case under section 498-a of the ipc is registered but to satisfy themselves about the necessity for arrest under the parameters laid down above flowing from section 41, cr.pc; all police officers be ..... mothers and sisters of the husbands were liberally included in their arrest net. its share is 6% out of the total persons arrested under the crimes committed under indian penal code. it accounts for 4.5% of total crimes committed under different sections of penal code, more than any other crimes excepting theft and hurt. the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jun-30-2014
..... in order of merit determined by the departmental promotion committee constituted by the inspector-general of police on the basis of tests in parade, general law (indian penal code, criminal procedure code, indian evidence act and local and special laws) interview and examination of records. (2) all constables -- (a) who are middle pass and have put in more ..... inspector-general, be promoted to head constable up to a maximum of ten per cent of vacancies. on 4.3.1982 rule 13.7 was amended and the amended rule provided that there shall be no test for constables and their admission to the promotional course, i.e., lower school course would be done ..... recognized for consideration for promotion as per rule applicable on the date of availability of vacancies/posts. therefore, the finding recorded that all the constables before the amendment on 17.06.1988 would be sent for course in accordance with the seniority criterion is wholly illegal, unjustified and untenable. the said finding, in fact, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-25-2014
..... by a bench of not less than two judges of the high court (section 66a of the 1922 act inserted by the indian income tax (amendment) act, 1926). section 66 of the 1922 act, was amended by the indian income tax (amendment) act, 1939, whereby the power to make a reference became determinable by the commissioner of income tax (in ..... decisions rendered by the first appellate authority, lay before an appellate tribunal (hereinafter referred to as the appellate tribunal). section 33a was inserted by the indian income tax (amendment) act, 1941. it provided for a remedy by way of revision before a commissioner of income tax. (iii) the remedy before the appellate tribunal (provided ..... under section 5a of the 1922 act, by section 85 of the indian income tax (amendment) act, 1939), was required to be exercised by a bench comprising of one judicial member and one accountant member. it was permissible for .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-21-2014
..... . by judgment dated 29.09.2001, the designated tada court, mysore convicted the accused persons for the offence punishable under tada as well as ipc and the arms act and sentenced them inter alia to undergo rigorous imprisonment for life.119) all the accused persons preferred criminal appeal being nos. 149-150 of 2002 ..... on united nations resolution against execution of death sentence, debate of the general assembly, the decisions of international court of justice, treaties, european conventions, 8th amendment in the united states which prohibits execution of death sentence on an insane person. in view of the well established laws both at national as well as ..... imposed on, the accused. in doing so, the president does not amend or modify or supersede the judicial record. the judicial record remains intact, and undisturbed. the president acts in a wholly different plane from that in which the court acted. he acts under a constitutional power, the nature of which is entirely different from the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-03-2014
..... dealt with the issue of obscenity as an exception to freedom of speech and expression. the court held that the rejection of obscenity was implicit in the first amendment. noticing that sex and obscenity were held not to be synonymous with each other, the court held that only those sex-related materials which had the tendency ..... there was no ban in importing the german sports magazine stern into india. consequently, reproduction of any picture would fall within the general exception contained in section 79 ipc. reference was also made to letter dated 20th july, 1993 addressed by the assistant editor, sports world to the collector, calcutta customs and a copy of the ..... 251 cr.p.c. and ordered that they would be put to face the trial for the offence punishable under section 292 ipc alternatively under section 4 of the indecent representation of women (prohibition) act, 1986.9. the appellants herein preferred criminal revision no.1591 of 1994 before the high court of calcutta under section 482 cr .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-19-2014
..... sum of rs.25,000/- which was found to be impermissible in law. it was in those circumstances that the constitution bench opined as follows: 10. section 74 of theindian contract actdeals with the measure of damages in two classes of cases (i) where the contract names a sum to be paid in case of breach and (ii) where the ..... years if the said agency of the firm had not been determined. the plaintiff had initially claimed a sum of rs.50 lakhs which was subsequently reduced by way of amendment of the plaint to rs.28,26,804/-. the constitution bench opined that when parties name a sum of money to be paid as liquidated damages they must be deemed ..... exports limited vs o.o.o. patriot 2011(10)scc300 the appellant (seller) entered into a contract with the respondent (buyer) relating to the sale/purchase of 1000 mt of indian polished rice for a total consideration of inr12450,000/-. the seller loaded the rice 16 days late and the vessel freighted by the sellers left port (kandla) 38 days later .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-25-2014
..... until so defined, shall be those of that houseand of its members and committees immediately before the coming into force of section 26 of the constitution forty fourth amendment act, 1978. 34) article 194 is similar to article 105 of the constitution, which provides for the privileges of parliament and its members. the said articles provide that the ..... by this court that a broad claim that all the powers enjoyed by the house of commons at the commencement of the constitution of india vest in an indian legislature cannot be accepted in its entirety because there are some powers which cannot obviously be so claimed. in this context, the following observations appearing at scr p ..... some members while they were stated to be on their way to attend the house. the chair ruled that since the members were arrested under the provisions of the indian penal code and had pleaded guilty, no question of privilege was involved.49) in order to constitute a breach of privilege, however, a libel upon a member .....
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