Court : Supreme Court of India
..... or sued. thus, the legal representatives of a deceased are liable only to the extent of the estate which they inherit. in custodian of branches of banco national ultramarino vs. nalini bai naique, air1989sc1589 it was observed that the expression "legal representative" as defined in the cpc is applicable to proceedings in a suit. ..... taken by the ncdrc and disposed of the same by granting liberty to the appellants-opposite party herein to resort to the remedy of review before the national commission.4. thereafter, the appellants-opposite party filed review application no.26 of 2017 and the complainants filed review application no.27 of 2017, both before ..... appeals have been filed by the legal representatives of the opposite party-sole proprietor against the common final judgment and order dated 02.05.2018 passed by the national consumer disputes redressal commission (hereinafter referred to as ncdrc ) in review application no.26 of 2017 in review petition no.3283 of 2008 and review application .....
Tag this Judgment!Court : Supreme Court of India
..... for instance, through the making available of funds for war financing. enemy property can be disposed of by various means including custodianship, liquidation, expropriation, confiscation or nationalization. the means of custodianship imply a fiduciary administration. the whole raison d etre of a statutory regime that seeks to administer enemy property through a custodianship is ..... would be useful to reiterate the statement and objects of the act wherein it has been stated that immovable property, cash balances and firms belonging to chinese nationals in india were vested in the custodian of enemy property for india appointed under the defence of india rules, 1962. similarly, upon the aggression by pakistan ..... the case:4. the subject property is an enemy property within the meaning of the act bearing house no.31/28/04(31/59) located on mahatma gandhi marg, lucknow, owned by the raja of mahmudabad, who migrated to pakistan in the year 1947. a portion of the property is currently occupied and .....
Tag this Judgment!Court : Supreme Court of India
..... kerala,210 the majority of this court held that republican and democratic form of government form the basic elements of the constitutional structure. subsequently, in indira nehru gandhi v. raj narain,211 justice h r khanna reiterated that the democratic set up of government is a part of the basic features of the ..... first, it identifies a proper dependency ( on the people ) and second, it describes that dependence as exclusive ( alone ). 129 see federal election commission v. national right to work committee, 459 u.s. 197 (1982), where the petitioners submitted: ...substantial aggregations of wealth amassed by the special advantages which go with the ..... public interest. (emphasis supplied) 114. justice jeevan reddy in the concurring opinion segregated the grounds stipulated in article 19(2) into grounds in furtherance of national interest and societal interest . the learned judge observed that the grounds of sovereignty and integrity of india, the security of the state, friendly relations with .....
Tag this Judgment!Court : Supreme Court of India
..... high-powered regional environmental management board, as per the proposal of the ministry of environment and forests, government of india.152. the united nations environment programme ( unep ) notes in its publication titled integrating the environment in urban planning and management key principles and approaches for cities ..... v. central empowered committee and others1, state of madhya pradesh v. centre for environment protection research and development and others2, director general (road development) national highways authority of india v. aam aadmi lokmanch and others3, tamil nadu pollution control board v. sterlite industries (india) limited and others4 and techi ..... rules - himachal pradesh town & country planning rules, 1978 8. oa - original application 9. fc act - forest (conservation) act, 1980 10. ndm a - national disaster management authority 11. hpm c act - himachal pradesh municipal corporation act, 1994 12. bpm c act - bombay provincial municipal corporation act, 1949 13. mrt p .....
Tag this Judgment!Court : Supreme Court of India
..... the constitution in those cases where there existed a gross violation of fundamental rights , or when an executive or administrative decision shocked the conscience of the public, the nation or of this court . in this context, reliance was placed on the judgments of this court in epuru sudhakar; satpal vs. state of haryana, (2000) ..... bench of this court wherein the government of tamil nadu had proposed to remit the sentence of life imprisonment to release seven convicts who were convicted in the rajiv gandhi assassination case state, through superintendent of police, cbi vs. nalini, (1999) 5 scc253( nalini ). while discussing the phrase appropriate government , it was observed ..... of the dead bodies. these factors require that respondents nos.3 to 13 be treated differently from other ordinary criminals.17. learned senior counsel, ms. indira jaising, appearing for the petitioner in writ petition (crl.) no.326 of 2022 in her rejoinder at the outset submitted that the state of gujarat does .....
Tag this Judgment!Court : Supreme Court of India
..... arbitral proceedings are carried out pursuant to the agreement of the parties or under the direction of the tribunal without unnecessary interference by the national courts.61 this principle serves to proscribe judicial interference in arbitral proceedings, which would undermine the objective of the parties in agreeing to ..... and commerce in the middle of the nineteenth century necessitated the regulation and institutionalization of arbitration. in the process, arbitration was also detached from the national 56 henry horwitz and james oldham, john locke, john mansfield, and arbitration during the eighteenth century (1993) 36(1) the historical journal 137 ..... commerce and transactions proliferated, companies and businesses sought different ways to resolve their commercial disputes. the formality, customs, and legal traditions of national courts were at variance with the intention of the parties to achieve a speedy and efficient resolution of their disputes. the internationalization of trade .....
Tag this Judgment!Court : Supreme Court of India
..... amendment cannot be equated with such power of framing the constitution. the amending power has to be within the constitution and not outside it.386. in indira nehru gandhi v. raj narain,269 this court expounded the meaning of constituent power: 48. when the constituent power exercises powers the constituent power comprises legislative, ..... that time and who had been pressing the government of india on behalf of the all-jammu and kashmir national conference for immediate help to be sent to the state to resist the tribal invasion. even after this decision had been reached lord mountbatten and the three british chiefs of staff of the ..... the constitution, the proclamation noted, would provide adequate safeguards for minorities and contain appropriate provisions guaranteeing the freedom of conscience, speech and of assembly. the national assembly, it was envisaged, would upon the completion of the work of framing the new constitution, submit it through the council of ministers for the acceptance .....
Tag this Judgment!Court : Supreme Court of India
..... the contract and this inquiry is common to section 7(4)(b) jurisprudence and the group of companies doctrine. even the precedents on the doctrine, national and international, look to additional factors beyond the non-signatory being in the same group of companies, such as commonality of subject-matter, composite nature ..... interest in the subsidiary company, they are considered as separate legal entities. group companies structures allow multinational corporations to structure their businesses at both the national and international level to leverage better returns for the investors and ensure business growth of the corporation.84. a bench of three judges of this ..... be a signatory to an arbitration agreement or the underlying contract containing the arbitration agreement. this interpretation is in line with the general trend in national and international legislations that a signature is not necessary for an arbitration agreement. the uncitral model law as amended in 2006 lays down the writing .....
Tag this Judgment!Court : Supreme Court of India
..... for starting a separate research directorate page 7 of 72 with the aim of improving research standards in the university. during his tenure, the university signed several mous with reputed national and international organization. under his stewardship, the university also started a business incubation centre and established an institution's innovation council to encourage the innovative potential of researchers and students ..... not to be considered as a fresh appointment upon completion of the first term. c. the age limit has been fixed even in the matter of reappointments in the mahatma gandhi university act, 1985; kerala agricultural university act, 1971; apj abdul kalam technological university act, 2015; and the thunchath ezhuthachan malayalam university act, 2013. therefore, page 27 of 72 the statute .....
Tag this Judgment!Court : Supreme Court of India
..... limboo tamang scheduled tribe, by undertaking necessary changes to the 2006 notification and the 2008 order. constitutional framework 3. article 342 of the constitution empowers the president to specify the tribal communities of the country which will be designated as scheduled tribes. 1 2006 notification and 2008 order 2 rp act 4 communities so designated by the president in the scheduled ..... ) parliament may by law include in or exclude from the list of scheduled tribes specified in a notification issued under clause ( 1 ) any tribe or tribal community or part of or group within any tribe or tribal community... 18 official liquidator vs dharti dhan, air1977sc740 38 section 9, rp act and section 11, delimitation act 71. the petitioners have adverted to these .....
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