Court : Karnataka
..... jurisdiction. the court, in extraordinary circumstances, may exercise the power if it comes to the conclusion that there has been a breach of principles of natural justice or 7 7 procedure required for decision has not been adopted. the rule of exclusion of writ jurisdiction by availability of alternative remedy is a rule of ..... would originally have been thought when i first practiced at the bar, administrative. it is not intended to take away from those authorities the powers and 22 1986 ac240 251: (1986) 1 all er19923 (1982) 3 all er141 154 discretions properly vested in them by law and to substitute the courts as the bodies making the decisions. ..... filed for the enforcement of any of the fundamental rights or where there has been a violation of the principle of natural justice or where the order or proceedings are wholly without jurisdiction or the vires of an act is challenged. in the said decision, reliance was also placed on rashid ahmad vs. municipal board, kairana, [air1950sc163, .....
Tag this Judgment!Court : Supreme Court of India
..... proceedings in any court.124. this court, in lda [lda v. m.k. gupta, (1994) 1 scc243 , was considering clause (o) of section 2(1) of the consumer protection act, 1986 which defines service , wherein the word any again fell for consideration. this court observed thus : (scc p. 255, para4) 4. the words any and potential are significant. both are of ..... writ petition has been filed for the enforcement of a fundamental right protected by part iii of the constitution; (b) there has been a violation of the principles of natural justice; (c) the order or proceedings are wholly without jurisdiction; or (d) the vires of a legislation is challenged. 27.4. an alternate remedy by itself does not divest ..... 14 (c) pass such further order(s) as this hon'ble court may deem fit and proper in the facts and circumstances of the instant case in the interest of justice.2.33 in the appeals filed by the present appellants, i.e., civil appeal nos. 1937 of 2020 and 2721 of 2020, respondent no.1- mb power filed an .....
Tag this Judgment!Court : Supreme Court of India
..... debatable issues, including the issue of stamping, must be left for the arbitral tribunal to decide in view of section 16 of the arbitration act. 9 part a6 justice hrishikesh roy relied on the scheme of the stamp act to hold that an unstamped or insufficiently stamped document is not rendered invalid or void ab initio because the failure to stamp an instrument ..... the issue before the two-judge bench was whether the provisions of the arbitration act 74 (1986) 4 scc44775 (2006) 10 scc45276 jik industries ltd. v. amarlal v. jumani, (2012) 3 scc25577 (2006) 12 scc64249 part e would prevail over the provisions of the sick industrial companies (special provisions) act, 1985.78 while noting the non-obstante clause contained in section 5 of .....
Tag this Judgment!Court : Supreme Court of India
..... 339 state (nct of delhi) v. union of india, (2023) 9 scc1340 state of mizoram act 1986; state of arunachal pradesh act 1986 341 laccadive, minicoy and amindivi islands (alteration of name) act 1973 342 constitution (twelfth amendment) act 1962 343 constitution (fourteenth amendment) act 1962 335 part e chandigarh was also made a union territory.344 a couple of decades later, the state of goa was ..... 3 as applicable to jammu and kashmir ............................................................................................... 347 f. conclusion ................................................................................................ 348 7 part a1 this judgment is enriched by the discussions with my distinguished colleagues - justice sanjay kishan kaul, justice sanjiv khanna, justice bhushan r gavai and justice surya kant - during the course of oral arguments and thereafter. their inputs to the judgment have led to a synthesis of thought resulting in a unanimous .....
Tag this Judgment!Court : Supreme Court of India
..... whether phrase claiming through or under in sections 8 and 113 could be interpreted to include group of companies doctrine?. 1 hereinafter referred to as the act. 2 for himself and for justice a.s. bopanna. 3 the phrase claiming through or under does not appear in section 11. rather, the reference to section 11 must be read ..... where the associate companies are inextricably connected as to be, in reality, 73 (1964) 6 scr88574 gary born (n44) 1545. 75 (1986) 1 scc26458 part e part of one concern. speaking for the bench, justice o chinnappa reddy observed: 90. [ ]. generally and broadly speaking, we may say that the corporate veil may be lifted where a ..... such arbitration agreement due to their legal relationship with the signatory parties and involvement in the performance of the underlying contract. especially in 80 bank of tokyo v. karoon, (1986) 3 all er46881 kamla devi v. takhatmal land, air1964sc859 bangalore electricity supply co ltd v. e s solar power (p) ltd, (2021) 6 scc71882 bank of .....
Tag this Judgment!Court : Supreme Court of India
..... of the cause of action. moreover, it was argued by the counsel for the trust that even if it was an illegal encroachment, jurisdiction under consumer protection act,1986 could not be invoked. rejecting the arguments of the counsel for the trust, the supreme court made the following pertinent observations: 5. it is a matter ..... and statutory authorities should be model or ideal litigants and should not put forth false, frivolous, vexatious, technical (but unjust) contentions to obstruct the path of justice.37. what we see here are few landowners whose lands were subjected to compulsory acquisition for the benefit of the urban improvement trust, bikaner. the trust ..... and political weekly10, the author, while critiquing the principle of eminent domain reflects on the need to rethink compulsory acquisition from the lens of ethics and justice. referring to the opening paragraph in the tenth report of the law commission of india: law of acquisition and requisitioning of land (1958)11 dealing with .....
Tag this Judgment!Court : Supreme Court of India
..... education under article 21a of the constitution, and the right to free education act, 2009; the child labour (prohibition and regulation) act, 1986; protection of children from sexual offences act, 2012, the juvenile justice (care and protection) act 2016 (hereafter, jj act ), etc. in all these, the parliament or the concerned legislatures donned the ..... adoption of children from different faiths and backgrounds, persisted. these limitations were finally overridden through the enactment of the juvenile justice act, 2016. the protection of women from domestic violence act, 2005 which was for the purpose of more effective protection of the rights of women guaranteed under the constitution ..... some of the petitioners have challenged regulation 5(3) of the 2020 cara regulations. by section 57(2) of the juvenile justice (care and protection of children) act, 2015 (hereafter jj act ), consent of both the spouses for adoption is necessary ( shall be required ). by section 57(5), the authority116 .....
Tag this Judgment!Court : Karnataka Dharwad
..... but no compensation or nil compensation or its illusiveness has to be justified by the state on judicially justiciable standards. measures designed to achieve greater social justice, may call for lesser compensation and such a limitation by itself will not make legislation invalid or unconstitutional or confiscatory. in other words, the right to ..... petitioners and allowed the petitions. while doing so, the learned single judge took into account the various statutory provisions contained in the kh act, kuda act, ktcp act and kiad act and came to the concision that none of the statutory provisions can be interpreted, construed or understood as depriving writ petitioners from their claim ..... article 21 to the laws protected under article 31-c also came up for consideration before this court in state of maharashtra v. basantibai mohanlal khetan [(1986) 2 scc516 , wherein this court held that article 21 essentially deals with personal liberty and has little to do with the right to own property as .....
Tag this Judgment!Court : Supreme Court of India
..... child affected by hiv and aids may approach the child welfare committee [within the meaning of that expression under section 29 of the juvenile justice (care and protection of children) act, 2000]. for the safe keeping and deposit of documents related to the property rights of such 56 child or to make complaints ..... services provided in terms of the schemes notified by the board. public accountability is a significant consideration which underlies the provisions of the consumer protection act 1986. the evolution of jurisprudence in relation to the enactment reflects the need to ensure a sense of public accountability by allowing consumers a redressal in ..... argued that respondents had, through various letters26 admitted that the appellant qualifies as a consumer under section 2 (l) (d) (ii) of the consumer protection act, 1986, (hereafter cpa1986) as the appellant, being a permanent employee of the iaf, availed medical services from the respondents as defined under the same section. the .....
Tag this Judgment!Court : Karnataka
..... that it is a matter of serious concern that despite repeated pronouncement of this court, the high courts continue to ignore the availability of statutory remedies under the drt act and sarfaesi act and exercise jurisdiction under article 226 for passing orders which have serious adverse impact on the right of banks and other financial institutions to recover their dues. 3124. the ..... by the grandfather of the plaintiff along with his brothers as initial capital for establishing partnership business. the said partnership firm was dissolved in the year 1986 as per the resolution deed dated 10.07.1986. part of the assets relating to woddaegoode estate and all the movable and immovable assets of the firm that were not allotted to any other partner ..... 1 r in the high court of karnataka at bengaluru dated this the24h day of august, 2023 before the hon'ble mr. justice h.p. sandesh writ petition no.15801/2020 (gm-cpc) c/w. m.f.a.no.895/2021 (cpc) in w.p.no.15801/2020: between: smt. ashwini shetty wife .....
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