Court : Supreme Court of India
Decided on : Dec-10-2014
..... which was added by amendment act 68 of 1984 was to a similar effect. this court in the above case has examined this legal contention and held that the legislature ..... reason. thus, the said period has to be excluded as provided under the amended proviso to section 6 of the l.a. act by way of an amendment by the legislature to the above section 6 through an amendment act 68 of 1984, to add explanation 1 to the act, for the purpose of excluding the period, when the proceedings suffered stay ..... by an order of the court, in the context of limitation provided for publishing the declaration notification under section 6(1) of the act. the explanation to section 11a, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-16-2014
..... the offence of death there are already provisions incorporated in sections 300, 302 and 304. the provisions contained in section 304-b ipc and section 113-b of the evidence act were incorporated on the anvil of the dowry prohibition (amendment) act, 1984, the main object of which is to curb the evil of dowry in the society and to make it severely punitive ..... in nature and not to extricate husbands or their relatives from the clutches of section 302 ipc if they directly cause death. this conceptual .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-18-2014
..... life". the committee submitted its report on 31.10.1997. the same was adopted with amendments, in a full court meeting of the supreme court of india, on 15.12.1999. in the afore-stated report, three sets of procedure for taking such ..... gwalior, nominated the petitioner for regular hearing and expeditious disposal of heinous and sensational cases involving offences of rape, gang-rape, rape with murder etc. under the indian penal code. it is further brought out, that on 9.4.2013, the petitioner was appointed as the president of the vishaka committee (in compliance with the ..... andhra pradesh high court and the allahabad high court, respectively), to lay down the "in-house procedure", for taking suitable remedial action against judges, who by their acts of omission or commission, do not follow the accepted values of judicial life, including the ideals expressed by the supreme court in the "restatement of values of judicial .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-21-2014
..... this context, relating to this subject-matter, what is the true meaning of that words . 57. i respectfully adopt the reasoning of lord green in construing the expression the amendment of the constitution. 58. lord green is not alone in this approach. in bourne v. norwich crematorium, (1967) 2 all er576 578 it is observed: english words ..... 37(1) fastens a heavy liability regardless of fault has no force in depriving the forfeiture of the character of penalty. [8].56. in construing the expression amendment of this constitution i must look at the whole scheme of the constitution. it is not right to construe words in vacuum and then insert the meaning into an ..... proven guilt or suspicion of involvement in a certain specified activity prohibited by the customs act can only be a penalty attracting the prohibition of article 20 of the constitution of india. it is submitted that under section 53[6]. of the indian penal code, forfeiture of property is one of the prescribed punishments for some of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-07-2014
..... force of the decree. it is a valid decree for all purposes.21. it is also worthwhile to note that the judgment was pronounced under the pre-amended rule 10 under order viii of the code of civil procedure, 1908 and there was more discretion with the court regarding pronouncement of the judgment in the absence ..... limited (in voluntary liquidation) v. haridas mundhra and others[4]., it has been held that: 22. it is settled by a long course of decisions of the indian high courts that the court which passes a decree for specific performance retains control over the decree even after the decree has been passed. in mahommadalli sahib v. ..... its terms are ambiguous, the court would certainly be entitled to look into the pleadings and the judgment. [4]. (1972) 3 scc684 [5]. pollock & mulla, the indian contract and specific relief acts, 14th edition, page 2064. [6]. (2002) 8 scc146[7]. (2013) 8 scc131[8]. (2007) 10 scc231[9]. (2012) 5 scc712----------------------- reportable ----------------------- 33 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-11-2014
..... and includes any such premises which have been placed by the government, whether before or after the commencement of the public premises (eviction of unauthorised occupants) amendment act, 1980, under the control of the secretariat of either house of parliament for providing residential accommodation to any member of the staff of that secretariat; (2 ..... being flat no.3, second floor, indian mercantile mansion (formerly known as waterloo mansion), wodehouse road, opposite regal cinema, colaba, mumbai. this mr. voller executed a leave and licence agreement in ..... 1996 filed by the appellant herein. the facts leading to this appeal are this wise:- 3. one mr. eric voller was a tenant of the indian mercantile insurance company ltd. (hereinafter referred to as the erstwhile insurance co.), the predecessor in title of the first respondent in respect of the premises .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-25-2014
..... continuous possession of the same for more than 50 years as on the date of the commencement of the k.l.r. act (substituted by act 35 of 1969) immediately preceding the commencement of the kerala land reforms (amendment) act, 1969 which was published in the kerala gazette extraordinary no.295 dated 17.12.1969 w.e.f. 1.1.1970. ..... a contract with the uncle of both the appellant and the first respondent the parties should have been of age of majority as required under section 11 of the indian contract act, 1872. the aforesaid aspect fell for interpretation before the privy council in the case of mohori bibee v. dharmodas ghose[1]., wherein the privy council after ..... interpretations of relevant provisions of section 11 of the indian contract act, 1872, has held that the contracting parties should be competent to contract as per the above provision and the minor s contract was held to be void .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-06-2014
..... stance, that the special judge, bombay, had no jurisdiction to entertain the complaint. for the aforesaid objection, he placed reliance on section 7 of the criminal law amendment act, 1952. he also asserted, that cognizance could not be taken by the above court, on the basis of a private complaint. the special judge, bombay, overruled ..... of notice of the application to such person. explanation: for the purposes of this chapter. (a) minor means a person who, under the provisions of the indian majority act, 1875 (9 of 1875) is deemed not to have attained his majority; (b) wife includes a woman who has been divorced by, or has obtained a ..... statements made available to us and also done verification and scrutiny of the same. based on the above procedures and verification, we certify that m/s. sahara indian real estate corporation limited had subscription of optionally fully convertible debentures of approximately rs.748.75 crores (covering 2,92,344 control numbers) through cheque. further till .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-08-2014
..... the erstwhile licenses were subsequently amalgamated and transferred to tata power on 12.7.2001.10. the government of maharashtra, in exercise of powers under the indian electricity act, 1910 amended the area of supply under the erstwhile licenses from time to time. this included addition of new areas as well as handing over of certain areas to ..... in the context in which they appear. the said words were inserted in the section by way of an amendment to the act in 2007. an explanation to section 43(1) was also added by the same amendment providing that application by a consumer in section 43(1) means an application complete in all respects along with ..... electricity from any other licensee, on account of best invoking a statutory exemption available to a local authority under section 42(3) of the electricity act, 2003 act (hereinafter referred to as the act). (d) since tpc had clarified that it was willing to extend its network and supply electricity, best also contended that tpc could not .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-07-2014
..... there had been challenge to the acquisition proceedings on various grounds including the manner in which objections under section 5-a of the act 1894 had been decided. in some cases, the high court allowed amendment to the writ petitions and such order had never been challenged by the appellants. in a case where on the basis of ..... was sought to be acquired without giving any opportunity of hearing observing that there was no provision in the act requiring observance of the principles of natural justice. it was subsequent to the said judgment that the act was amended incorporating section 5-a w.e.f. 1.1.1924. the statement of objects and reasons for the ..... said amendment provided that the original act did not oblige the government to enquire into and consider any objection of the persons interested nor the act provided for right of hearing to the person whose interest stands adversely affected.7. in nandeshwar prasad .....
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