Court : Supreme Court of India
Decided on : Mar-28-2014
..... the pre-existing provision of no confidence was not repealed. it was amended subsequently by the amendment act of 1998 (u.p. act no.20 of 1998). there was a further amendment by the amendment act of 2007 (u.p. act no.4 of 2007). by this amendment, the period for moving a no confidence motion was reduced from two years ..... is inconsistent with part ix of the constitution. he submits that part ix of the constitution containing articles 243a to 243o were inserted wide the constitution (73rd amendment act, 1992) w.e.f. 24th april, 1993. the aforesaid articles have laid down exhaustive provisions for self-governance at panchayat level. this includes election ..... that as 74% of the indian population live in villages, it is necessary to ensure that the power of governance should vest in the smallest units of the panchayat having its hierarchy as provided under various panchayat acts throughout the country. the judgment analyses the changes introduced by the 73rd amendment and concludes as follows : .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-15-2014
..... are protected under the act.36. in australia, there are two acts dealing with the gender identity, (1) sex discrimination act, 1984; and (ii) sex discrimination amendment (sexual orientation, gender identity and intersex status) act, 2013 (act 2013). act 2013 amends the sex discrimination act, 1984. act 2013 defines gender identity as ..... and the international conventions, including yogyakarta principles, which we have found not inconsistent with the various fundamental rights guaranteed under the indian constitution, must be recognized and followed, which has sufficient legal and historical justification in our country. article14and transgenders54 article 14 of ..... in some neighbouring countries . in this country, tg community comprise of hijaras, enunch, kothis, aravanis, jogappas, shiv- shakthis etc. in indian community transgender are referred as hizra or the third gendered people. there exists wide range of transgender-related identities, cultures, or experience including hijras .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-16-2014
..... problems. in order to tackle the problems created by the rent act, the delhi rent control act was amended in 1988 by delhi rent control amending act, 1988 (act 57 of 1988). ...the objects of the amending act are quite different from the objects of the parent act. one of the objects of amending act was to rationalise the rent control law by bringing about a ..... a result of all these, there was acute shortage of accommodation which caused hardship to the rich and the poor alike. in the light of this experience, the amending act of 1988 was passed. ...in order to strike a balance between the interests of the landlords and also the tenants and for giving a boost to house building ..... had sublet the tenanted premises to his son. in this behalf, it was alleged that the appellant s son was using the shop for running a halwai (traditional indian sweetmeat maker) business. the shop was originally let out for selling cold drinks, biscuits etc. on the issue of usage, it was pointed out, that since the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-22-2014
..... road safety programmes as the central government or the state government, as the case may be, may, having regard to the objects of the act, specify. (c) an amendment to the act to provide enhanced penalties for different offences has been passed by the upper house on 8.5.2012 and the bill is presently pending before ..... rendering professional service to victims of road accidents, has come to realise that the large number of accidents that occur every day on the indian roads, causing loss of human lives besides loss of limbs and other injuries resulting in human tragedies, are wholly avoidable. in the light of the experience ..... the country and the chairman and head of the department of orthopaedic surgery in the ganga hospital at coimbatore. he was/is also the president of the indian orthopaedic association, the largest professional body of orthopaedic surgeons in the country. in the course of his professional duties spanning over several decades the petitioner, while .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-06-2014
..... (madras) ltd.[28]., the assessee faced a levy in respect of goods sold in relation to works contract under the madras general sales tax act, 1939 as amended by the madras general sales tax (amendment) act 25 of 1947 wherein certain new provisions were incorporated and one such provision, namely, section 2(i) defined works contract to mean any agreement for ..... of parts of a lift since such fabrication may take place at the site with the aid of material and labour. .77. that apart, provisions of the indian contract act stipulates the element of offer, acceptance and consideration for a concluded contract. in the case on hand, the offer would be for supply of the lift as ..... of such readiness as reported by the petitioner. in effect such a contract as agreed between the petitioner and its purchaser as per the provisions of the indian contract act if were to be considered for the invocation of the definition of works contract under section 2(jj), it can be found that the said contract does .....
Tag this Judgment!Court : Sri Lanka Supreme Court
Decided on : Feb-12-2014
..... of determining this matter as the whole issue is based on interpretation of this section. interpretation of section 65a(2) section 65a(2) of the local authorities elections amendment act no 24 of 1987 reads as follows: if the office of a member falls vacant due to death, resignation or for any other cause, the returning officer ..... by the appellant in this appeal is that did the court of appeal err in failing to consider that section 65a(2) of the local authorities elections amendment act no 24 of 1987 vested the secretary of a recognized political party with a discretion which had been properly exercised by the 4th respondent in the circumstances of ..... in the nomination paper of the recognized political party or independent group to which the member who vacated office belonged. however, the law was amended by the local authorities elections (amendment) act no. 24 of 1987 by which the secretary of a recognized political party or the group leader of an independent group will be called upon .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-25-2014
..... with fine which may extend to rs.10,000/-.36. by the coal mines (nationalisation) amendment act, 1993 (for short, 1993 nationalisation amendment act ), the cmn act was further amended. the statement of objects and reasons of the 1993 nationalisation amendment act reads thus: considering the need to augment power generation and to create additional capacity during the ..... dated 12.01.1994, proposals relating to m/s. rpg industries ltd./calcutta electric supply corporation, m/s. kalinga power corporation, m/s. indian aluminium company, m/s. indian charge chrome ltd., andhra pradesh state electricity board, m/s. development consultants ltd., m/s. gujarat power corporation ltd., m/s. associated cement ..... committee decided that utkal c block in talcher coalfield having geological reserves of about 190 m.t. may be considered for allotment to m/s. indian charge chrome ltd. for two additional captive power plants at choudhwar, orissa. it is pertinent to mention that the committee found that the total .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-27-2014
..... by this court. justice j.s. verma committee report on amendments to criminal law has proposed insertion of schedule 1 to the 1951 act enumerating offences under ipc befitting the category of heinous offences. it recommended that section 8(1) of the 1951 act should be amended to cover, inter alia, the offences listed in the proposed ..... schedule 1 and a provision should be engrafted that a person in respect of whose acts or omissions a court ..... state of uttar pradesh through its principal secretary and others[43]. wherein this court was dealing with the constitutional validity of the u.p. panchayat laws (amendment) act, 2007. one of the grounds for challenge was that there is no concept of no-confidence motion in the detailed constitutional provision under part ix of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-02-2014
..... process qua property, and procedure established by law qua life and personal liberty. it took 28 years for india to remedy this situation. by the constitution 44th amendment act, even the truncated right to property was completely deleted, and in the same year in maneka gandhi v. union of india, (1978) 2 scr621 the ..... much variance in the matter of sentencing. in many countries, there are laws prescribing sentencing guidelines, but there is no statutory sentencing policy in india. the ipc, prescribes only the maximum punishments for offences and in some cases minimum punishment is also prescribed. the judges exercise wide discretion within the statutory limits and the ..... that is, with hard labour; (2) simple; fifthly - forfeiture of property; sixthly- fine. [2]. [3]. the offences for which death is one of the alternative punishments under ipc are under sections 121, 132, 194, 302, 305, 307(3), 364a and 376a, 376e and 396. [4].28. sentences which high courts and sessions judges may pass: (1) .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-24-2014
..... formations and establishments will stand modified to the above extent till their]. revision in due course. various orders and instructions affected by the above decisions would be amended in due course. these orders will take effect from 16 dec 2004. this issues with the concurrence of integrated finance vide their dy no.636/dir (fin ..... pose command and control hurdles. (d) it will lead to a further demand for equating in status also, which will disturb the cadre structure of the entire indian air force and affecting the operational efficiency and command and control structure of iaf. 32. the counter-affidavit further attempts to draw a comparison between group captain ..... as the same required approval of the central government to conduct any inquiry or investigation into any offence alleged to have been committed under the said act where such allegations related to employees of the central government of the level of joint secretary and above and officers as are appointed by the central .....
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