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 : Delhi
Decided on : Jan-16-2014
..... . it is well settled that precedents of this court under article 141 and the comparative constitutional law helps courts not only to understand the provisions of the indian constitution it also helps the constitutional courts to evolve principles which as stated by ronald dworkin are propositions describing rights [in terms of its content and contours ..... a collection of popular slogans. it is well to remember that justice frankfurter recognised that we cannot read into the 14th amendment the freedom of speech and of the press protected by the 1st amendment and at the same time leave out the age old means employed by states for securing the calm course of justice ..... norms and canons of responsible journalism. such conduct has been actuated by malice, against the plaintiff in particular and generally against the justice dispensation system. the acts of the said defendants as well as of defendant no.5 tantamount to blatant scandal mongering and are per se defamatory as they seek to denigrate both .....
Tag this Judgment!Court : Competition Commission of India CCI
Decided on : Jan-16-2014
..... 4. in the present information, the informant in the very beginning has stated that it was promoter of indian cricket league and seeks to provide information to the commission regarding contravention of section 4 of the act by bcci by bringing to the notice of the commission the facts of anti competitive and abusive practices being ..... and govt. of india seeking a restraint on action by the employers against players for being associated with icl. when op amended its rules and regulations during pendency of the suit, the informant accordingly amended its suits to get such rules and regulations declared illegal and void. it is also informed that op filed a suit ..... of internet domain names filed by the informant was decreed in its favour. the informant, apart from details of litigation, has highlighted the hostility of bcci towards indian cricket league. it also gave facts about ipl and mr. lalit modi, the erstwhile commissioner of ipl. 6. the informant specifically stated that the relevant market .....
Tag this Judgment!Court : Central Administrative Tribunal Principal Bench New Delhi
Decided on : Jan-16-2014
..... cwp no.1966/2007 against the order of this tribunal passed in oa no.516/2006 wherein the honble high court stayed the order of the tribunal qua amendment of the recruitment rules. the respondents submit that this has clearly established that even though the tribunal had not granted any relief to said r.s. atal, ..... and the chargesheet was issued to the applicant on 28.01.2011. the respondents have strongly rebutted the charges of institutional malice and have submitted that they have acted in the best interest of the government. 5. the applicant has filed a rejoinder application wherein he has contested the claim of the respondents that he was ..... and that of the chargesheet; the chargesheet had been issued just 48 hours before his retirement indicating malice on part of the respondents; the respondents have further acted in violation of the principles of natural justice in as much as they have failed to consider the representation of the applicant before issuing the chargesheet; the applicant .....
Tag this Judgment!Court : Competition Appellate Tribunal
Decided on : Jan-17-2014
..... that they were not heard properly. they also raised an issue that a notice could not be issued to the respondents under the provisions prior to the amendment of the competition act, which came only on 20th may, 2009. similarly, ftpgi also filed its reply, on more or less same lines. 15. the appellant sunil ..... the updf and the three amongst themselves represented producers and distributors of almost 100% of hindi films produced/ supplied/distributed in india and thereby exercised control over indian film industry. 4. it was further alleged that vide notice dated 27.03.2009, all producers and distributors including even those who were not the members ..... cases, the commission rightly came to the conclusion that there was no question of any infringement of any rights that producers and distributors had under the copyright act, 1957 arise. the commission rightly concluded that the multiplexes owners were also not infringing the rights of the producers/ distributors on the other hand, they were .....
Tag this Judgment!Court : Madhya Pradesh
Decided on : Jan-17-2014
..... powers of the appellate authority to initiate suo moto powers under sub section (2) was in the matter of an order of confiscation only, but subsequently by the indian forest amendment act, 2009 brought into force w.e.f. 27.03.2010 vide annexure p-7. sub section (2) and (6) of section 52-a, it is ..... challenging the order dated 4 t h april, 2013, passed by special judge (atrocities), district seoni in criminal revision no.101/2012 in a proceeding held under the indian forest act, this application has been filed for quashing the proceedings and the order impugned pertaining to confiscation of vehicle.2. applicant is the owner of a swaraj 735 tractor ..... power and that in view of amended provision, the appeal was maintainable and the appellate authority and the revisional authority have not committed any error in rejecting the objection of the applicant.8. i have heard learned counsel for the parties at length and perused the record. section 52-a of the indian forest act, 1927 as is applicable in .....
Tag this Judgment!Court : Delhi
Decided on : Jan-17-2014
..... securitisation and the enforcement of reconstruction of security interest and financial assets and recovery of debts laws enforcement of (amendment) act, 2004 security interest act, 2002 2. definitions 2. definitions (1) in this act, unless the (1) in this act, unless the context context otherwise requires,otherwise requires, (o) non-performing asset means an asset or account of ..... 2005 guidelines have been issued as a restructuring measure in order to avoid setbacks in the banking system. npas do not generate interest. 85% of the indian banks' income comes from interest. thus, npas adversely impact profits of the banks and hence, as a matter of banking policy, rbi as regulator seeks ..... defines npa as an asset or an account which has been classified as a sub-standard, doubtful or loss asset. consequently, the indian parliament while enacting sarfaesi act has not delegated essential legislative function to the rbi / financial institution with regard to the concept of npa.44. we are also .....
Tag this Judgment!Court : Mumbai
Decided on : Jan-17-2014
..... for assessment only because the final order of assessment under section 143 (3) was not passed, would run counter to the statutory amendments made in section 245a(b) of the act.? thus on the above ground also there is no reason to interfere with the order of the settlement commission dated 15 march 2013. ..... for settlement was made to the settlement commission. the newly added proviso and explanation thereto (2007 amendment) excluded proceedings for assessment/reassessment under section 147/148 of the act from the purview of pending proceedings before the assessing officer. thus, post 2007, it is only proceedings for those assessment ..... be proceedings pending before the income tax authorities, permitting an application to be made under chapter xixa of the act for settlement of cases. however, post 1 june 2007, definition of case was amended and it was restricted to only mean proceedings pending before an assessing officer on the date on which the application .....
Tag this Judgment!Court : Canada Supreme Court
Decided on : Jan-17-2014
..... language the court has used time and again to define the probable cause requisite for an arrest? (w. r. lafave, search and seizure: a treatise on the fourth amendment (5th ed. 2012), vol. 4, at 9.6(a)). as our american colleagues only recently affirmed, however, under terry, the police must harbor reasonable suspicion that ..... )). again, chehil makes clear that reasonable suspicion . . . engages [a] reasonable possibility, rather than probability? (para. 27 (emphasis added)). finally, mann required that an officer not be acting solely on a hunch? (para. 41 (emphasis added)). and again, chehil cautioned hunches . . . will [not] suffice? (para. 47 (emphasis added)). we know of no case that ..... safety of the public or the police is at stake. he acknowledged, however, that this power is limited to situations in which, in addition to acting within the general scope of their authority, [the police] have no other feasible less intrusive alternative?, and he added that the manner of carrying out .....
Tag this Judgment!Court : Delhi
Decided on : Jan-17-2014
..... of disputes arising out of this contract shall be resolved through the process of settlement of disputes and arbitration. the provisions of arbitration and conciliation act, 1996 and subsequent amendments thereof shall apply. the arbitration proceeding shall be held at new delhi and the award shall be published in english language only. the sole arbitrator ..... person appointment by him whether or not from the parties concerned. 12. the hon ble supreme court in the case of newton engineering and chemicals ltd. vs. indian oil corporation & ors.(supra) and others held as follows: 8. having regard to the express, clear and unequivocal arbitration clause between the parties that the ..... . learned counsel for the defendant further submits that the judgment of the hon ble supreme court in the case of newton engineering and chemicals ltd. vs. indian oil corporation & ors. (supra) would not be applicable to the facts of this case inasmuch as in that case the arbitration clause provided that no person .....
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