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 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-10-2014
..... the following observations recorded therein:- 6. a partnership firm differs from a proprietary concern owned by an individual. a partnership is governed by the provisions of the indian partnership act, 1932. though a partnership is not a juristic person but order xxx rule 1 cpc enables the partners of a partnership firm to sue or to be sued ..... case (supra), in view of the fact that, the matter was never examined in the perspective determined by us hereinabove. in neither of the two judgments, the amendment of the nsc was sought. the instant proposition of law, was also not projected on behalf of the certificate holders, in the manner expressed above.11. there was ..... regard to what the representee has done or refrained from doing in reliance on the representation, in short, the party asserting the estoppel must have been induced to act to his detriment. so long as the assumption is adhered to, the party who altered the situation upon the faith of it cannot complain. his complaint is that .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-18-2014
..... or mistake in order to obtain the certificate of registration. therefore, discrepancy in providing details in the prescribed form a being a product of the above amendment act cannot invalidate or is not a valid ground to cancel the certificate of registration of the trade union and the decision of this court in the ..... therefore, the impugned judgment & order passed by the high court is legal and valid. further, in response to the reliance placed upon the two judgments namely, indian express newspapers (bom) employees union (supra) and chamundi petroleum case (supra) by senior counsel for the appellants, the learned senior counsel for the trade union submitted ..... the learned senior counsel urged on the point of requirement of specific mention of the object or purpose in the application for registration by the trade union by relying upon indian express newspapers (bom) employees union v. k.m. desai & ors.[1]. and maharashtra engg. plastic & general kamgar v. chamundi petroleum & ors.[2]. in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-18-2014
..... or mistake in order to obtain the certificate of registration. therefore, discrepancy in providing details in the prescribed form a being a product of the above amendment act cannot invalidate or is not a valid ground to cancel the certificate of registration of the trade union and the decision of this court in the ..... therefore, the impugned judgment & order passed by the high court is legal and valid. further, in response to the reliance placed upon the two judgments namely, indian express newspapers (bom) employees union (supra) and chamundi petroleum case (supra) by senior counsel for the appellants, the learned senior counsel for the trade union submitted ..... the learned senior counsel urged on the point of requirement of specific mention of the object or purpose in the application for registration by the trade union by relying upon indian express newspapers (bom) employees union v. k.m. desai & ors.[1]. and maharashtra engg. plastic & general kamgar v. chamundi petroleum & ors.[2]. in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-17-2014
..... constituted under the said order; (c) "specified territory" means the territories included in bangladesh immediately before the commencement of the citizenship (amendment) act, 1985; (d) a person shall be deemed to be of indian origin, if he, or either of his parents or any of his grandparents was born in undivided india; (e) a person ..... in sub-section (3) submits in the prescribed manner and form and to the prescribed authority within sixty days from the date of commencement the citizenship (amendment) act, 1985, for year or from the date on which he has been detected to be a foreigner, whichever is later, a declaration that he does ..... amended by act 65 of 1985 and section 6-a was inserted with the heading "special provisions as to citizenship of persons covered by the assam accord". it provides that the term "detected to be a foreigner" shall mean so detected under the foreigners act and the foreigners (tribunals) order, 1964 framed thereunder. under the said provision a person of indian .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-18-2014
..... the above communication), was acceptable to the state government, and that the above acceptability extended to an assumption of the government's approval for an appropriate amendment to the provisions contained in the police manual as well.15. we have given our thoughtful consideration to the first contention advanced at the hands of the ..... iii technical and non-technical executive and supervisory posts (including sub-inspector) has been given to bihar public service commission as per article 320(1) of the indian constitution.654. manner of selection - (a) notices in the form given in the appendix 38 or any other form prescribed by bihar public service commission ..... in respect of the entire police work-force. in chapter 1a aforementioned, a reference has been made to the "bihar fire brigade service" under bihar fire service act, 1948, which is to function under the directions of the inspector-general of police, through the chief fire officer. the chapter also makes a reference to separate .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-16-2014
..... conscious withdrawal/deletion of section 438 crpc by the legislature from the code of criminal procedure, by section 9 of the criminal procedure (uttar pradesh) amendment act, 1976, the relief which otherwise the appellant could not have obtained under the code, is sought to be obtained indirectly by invoking the writ jurisdiction ..... (1994) 3 scc569 wherein justice k.ramaswamy, speaking for the court, discussed the importance of life and liberty in the following words. the foundation of indian political and social democracy, as envisioned in the preamble of the constitution, rests on justice, equality, liberty and fraternity in secular and socialist republic in which ..... and learned additional government advocate. under challenge in the instant writ petition is fir relating to case crime no.797 of 2011, under sections 419 & 420 ipc, police station zaidpur, district barabanki. we have gone through the fir, which discloses commission of cognizable offence, as such, the same cannot be quashed. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-24-2014
..... he submitted that the bombay high court thus appears to have held that clause 9 is opposed to public policy and, in particular, sections 23 and 28 of the indian contract act, 1872. he submitted that in any case the arbitration agreement contained in clause 9 of the facilitation deed cannot be held to be opposed to public policy and void ..... facilitation fees under the deed.4. taking cognizance of the same, bcci s governing council at its meeting held at mumbai, india on june 25, 2010 appropriately executed an amendment to media rights license agreement dated march 25, 2009 between bcci and our client by deleting, inter alia, clause 10.4 thereof.5. on its part, and in view ..... bench of the high court, therefore, that clause 9 of the facilitation deed is opposed to public policy and is void under sections 23 and 28 of the indian contract act, 1872 is clearly erroneous.32. the division bench of the high court has also held that as allegations of fraud and serious malpractices on the part of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-19-2014
..... is submitted. in the written arguments filed on behalf of the petitioner it has also been stated that in view of the enactment of the jj act, 2000 and the amending act of 2006 the prayers made in the writ petition with regard to guidelines to enable and facilitate adoption of children by persons irrespective of religion, caste ..... of his adoptive parents with all the rights, privileges and responsibilities that are attached to the relationship 6. in fact, section 41 of the jj act, 2000 was substantially amended in 2006 and for the first time the responsibility of giving in adoption was cast upon the court which was defined by the jj rules, ..... of india[1]. and the supplemental, if not consequential, legislative innovations in the shape of the juvenile justice (care and protection of children) act, 2000 as amended in 2006 (hereinafter for short the jj act, 2000) as also the juvenile justice (care and protection of children) rules promulgated in the year 2007 (hereinafter for short the jj rules .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-28-2014
..... ( as amended and hereinafter referred to as the act ) his case was referred for inquiry to the juvenile justice board. the other accused were tried in a regular sessions court and have been found guilty, inter alia, of the offences under section 376 (2)(g) and section 302 of the indian penal code, 1860 (for short the penal ..... a reference to a larger bench. the second is with regard to the recommendations of the justice j.s. verma committee following which recommendations, the criminal law amendment act, 2013 has been enacted by the legislature fundamentally altering the jurisprudential norms so far as offences against women/sexual offences are concerned.20. in salil bali (supra) ..... independent monitoring of institutions for juvenile offenders. it is pursuant to the aforesaid concluding observations of the committee made in the year 2000 that the jj act was amended in the later part of that year by having a uniform age of 18 for both male and female juveniles.28. it needs to be clarified that .....
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