Court : Supreme Court of India
Decided on : Jan-02-2023
..... of excessive delegation, yet it found the power under section 5(2)(a) of the gold (control) act, 1968 to be valid since it provides an inbuilt safeguard that the administrator has to act after consultation with the rbi.172. a seven-judge bench of this court in the case of birla cotton, spinning and weaving mills delhi (supra) was considering ..... an agent, it may empower the agent to make findings of fact which are conclusive provided such findings satisfy the test of reasonableness. in all such cases, judicial inquiry is confined to the question whether the findings of fact are reasonably based on evidence and whether such findings are consistent with the laws of the land. as ..... principles laid down in the aforesaid judgments, we will have to examine as to whether the decision-making process in the present case is flawed or not. our inquiry has to be limited only to find out as to whether there is an illegality in the decision-making process, i.e. whether the decision makers have understood .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-03-2023
..... which result in unfair and unreasonable bargains between parties possessing wholly disproportionate and unequal bargaining power. these cases can neither be enumerated nor fully illustrated. the court must judge each case on its own facts and circumstances.30. the test in central inland water transport corpn. (supra) is not only to assess whether the parties have ..... plays that are conducted in collaboration with eateries or bars. although the customer is paying for a ticket to watch the music performance (or the stand- up act or the play, as the case may be), the essence of the business model is to provide a fillip to the revenue generated by another arm of the ..... theatre premises, that too at exorbitant rates, particularly affect young generation, senior citizens, diabetic patients and those who cannot eat for medical reasons. such kind of acts on the part of multiplex/cinema hall owners are against the right to choice of food, including the right not to eat junk food and right to good .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-03-2023
..... . d.y. chandrachud. j.(as his lordship then was) enunciated the aforesaid principles in the following words: 119. the judgments rendered by all the four judges constituting the majority in adm jabalpur are seriously flawed. life and personal liberty are inalienable to human existence. these rights are, as recognised in kesavananda bharati, ..... which entitled all citizens of the united states to have the same right, in every state and territory, as is enjoyed by 56109 us3(1883) 57392 us409(1968) 72 white citizens thereof to inherit, purchase, lease, sell, hold, and convey real and personal property.52. but a good 20 years before the decision ..... actual responsibility of a chief minister or any other minister or ministers for particular decisions or governmental acts. that can be more suitably done, when wrongful acts or decisions are complained of, by means of inquiries under the act. as already indicated above, the procedure of parliamentary committees to inquire into every legally or ethically .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-04-2023
..... recorded thus:- both the learned counsel have taken instructions and have jointly submitted that let the parties get their dispute settled through the arbitration process where learned former judge of this court, justice j.c. upadhyaya (retired) page 59 of 61 has already been appointed as the arbitrator on 29.11.2019 and since then ..... (emphasis added) 11. in the light of the position settled thus, in paramjeet singh patheja s case (supra), it is relevant to refer to an earlier two-judge bench decision of this court in kailash nath agarwal and ors. v. pradeshiya industrial & investment corporation of u.p. ltd. and anr.2 that was also a ..... whatever nature pending before the appellate authority or the board under the sick industrial companies (special provisions) act, 1985 (1 of 1986) shall stand abated: provided that a company in respect of which such appeal or reference or inquiry stands abated under this clause may make reference to the national company law tribunal under the insolvency .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-16-2023
..... relevant factors were not considered, or whether irrelevant factors were considered or whether the decision was one which no reasonable person could have taken.12. again, a three-judge bench in case of deputy general manager (appellate authority) & ors. vs. ajai kumar srivastava12 10 (2001) 2 scc38611 associated provincial picture houses ltd. vs. wednesbury ..... the instant case, both the learned counsels for the parties have relied upon decision of this court in avtar singh (supra) in which a three-judge bench emphasizing the need of verification of character and antecedents of the person to be appointed in the government service and after considering the various previous ..... avoided. e) the court should inquire whether the authority concerned whose action is being challenged acted mala fide. 10 f) is there any element of bias in the decision of the authority?. g) whether the procedure of inquiry adopted by the authority concerned was fair and reasonable?.9. having regard to the guiding .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-20-2023
..... a given set of employees, that view which furthers the legislative intention should be preferred to the one which would frustrate it. 28. dealing with this very act, a three-judge bench of this court in buckingham and carnatic co. ltd. v. venkatiah [air1964sc1272 speaking through gajendragadkar, j., (as he then was) held, accepting ..... rehabilitate a physically and economically handicapped workman who is adversely affected by sickness, injury or livelihood of dependents by death of a workman.19. a three-judge bench of this court, in reference to the esi act, in transport corpn. of india v. esi corpn. [(2000) 1 scc332:2000. scc (l&s) 121]. , held that : (scc pp ..... of a factory in case of sickness, maternity and employment injury and to make provision for certain other matters in relation thereto. the employees' state insurance act is a social security legislation and the canons of interpreting a social legislation are different from the canons of interpretation of taxation law. the 10 courts .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-24-2023
..... of jharkhand & anr.-. criminal appeal nos.1703-1704 of 2022 dated 29.09.2022.4. in sahab alam case (supra) we had dealt with the orders passed by the learned judge in various matters granting bail on condition of depositing substantive sums of money without consideration of the requirements of bail dependent on the nature of offences and thus, it was ..... , before the decision of the appeal. under sub-section (3) it is by way of compensation for the person who has suffered any loss or injury by reason of the act for which the accused person has been so sentenced. sub-section (4) also provides for the appellate court or the high court or court of sessions to direct payment of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-24-2023
..... an element of callousness to the result, which denotes or signifies the intention. in state of madhya pradesh v. ram prasad,11 this court held that:11. 1968 (2) scr52214 although clause fourthly is usually invoked in those cases where there is no intention to cause the death of any particular person (as the illustration shows ..... houses, and allegedly assaulted the deceased. therefore, in these circumstances, it is argued, the appellants are 3 liable only to the extent of their individual overt acts. it was argued alternatively, that the incident happened all of a sudden and without premeditation. the appellants had no intention to cause death but deter vrindawan from ..... holding that the offence did not fall within murder. similarly, three judges of this court, in santosh s/o. shankar pawar v. state of maharashtra12 observed, 13. even assuming that the accused had no intention to cause the death of the deceased, the act of the accused falls under clause fourthly of section 300 indian penal .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-02-2023
..... expenditure without protest or objection, mandatory injunction could be declined and damages could be given. as held by the learned single judge we are of the considered view that in a case where the owner of the land filed suit for recovery of possession of his land from the encroacher ..... the absence of serious injury to the plaintiff is a ground for depriving the latter for his legal right to the property.21. true that the learned single judge further held that if the plaintiff is guilty of laches amounting to acquiescence or has knowingly permitted the defendant to make the construction and made him to incur heavy ..... to purchase another man s property against that man s will. in bodi reddy s decision (supra) the learned judge held that in a suit for recovery of possession filed within the period of limitation provided under limitation act, the doctrine of laches or acquiescence has no place to defeat the right of the plaintiff to obtain the relief .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Feb-13-2023
..... issue was taken up by the cmda by letter dated 22.03.1981, government issued goms dated 08.10.1982. the learned judge has found that the government exercised power under section 32 of the act. what we are indicating is that the reservation of the land for communal or recreational purposes in individual cases, on the basis ..... notice or hearing, no one can insist upon it and it is not permissible to read natural justice into such legislative activity. moreover, a provision for such inquiry as it may consider necessary by a subordinate legislating body is generally an enabling provision to facilitate the subordinate legislating body to obtain relevant information from any source and ..... v. board of ed. of township high school dist. 205, will cty., 391 u.s. 563, 568, 88 s.ct. 1731, 1734, 20 l.ed.2d 811 (1968). petitioner contends that the city has forced her to choose between the building permit and her right under the fifth amendment to just compensation for the public easements. petitioner does .....
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