Court : Supreme Court of India
..... : (i) the remedy of an election petition is a statutory remedy governed by the provisions of the 1951 act. there is no provision in the 1951 act for filing a replication in response to a written statement. hence, there is no foundation in law for the impugned order; (ii) election petitioner s replication is barred by the provisions of section ..... 814 (1) of the 1951 act as it sets out a time-limit of 45 days for filing an election petition. taking into consideration new ..... plea requiring amendment of the plaint and a plea sought to be introduced by replication shall have to be kept in view. a plea which essentially constitutes the foundation of a claim made by the plaintiff or which is essentially a part of plaintiff's cause of action cannot be introduced through a replication. as already stated .....
Tag this Judgment!Court : Supreme Court of India
..... be said to have exhibited any indication of parental alienation i.e., there was no overt preference expressed by the minor children between the parents and thus, the foundation for any claim of parental alienation was clearly absent. the aforesaid position is also supported by materials on record to suggest that (i) the minor children are ..... in furtherance of the nature of the appellant s service. aggrieved, the respondent filed a petition under section 7, 9 and 25 of the guardian and wards act, 1890 (the act ) before the family court seeking custody of the minor children on 21.11.2015. on slp (c) no.28466 of 2023 page 3 of 27 the ..... points of time. 5.2. that the underlying order granted the appellant custody of the minor children proceeding on an erroneous and irrelevant consideration i.e., the alleged act of adultery. 5.3. that the appellant has deliberately disenfranchised the minor children from their mother i.e., the respondent herein, and accordingly it was vehemently contended .....
Tag this Judgment!Court : Supreme Court of India
..... to verify this fervent submission of learned counsel for the appellant, we carefully sifted through the record and find that the submission so made is without any foundation. the accused appellant was absconding and could not be arrested and thus, the investigating officer(pw-13) made all possible efforts including the procurement of warrant ..... time when only the accused and deceased were present in the house leading to the interference of guilt by virtue of section 106 of the indian evidence act, 1872.48. connected together, all these facts form a clinching and complete chain of incriminating circumstances pointing exclusively towards the guilt of the accused appellant ..... section 299 crpc was rightly relied upon as admissible and reliable piece of evidence. the non-examination of ashok kumar pathak during trial is not a deliberate act of prosecution, rather, the witness could not be examined during regular trial after apprehension of the accused appellant. the witness could not be traced by .....
Tag this Judgment!Court : Supreme Court of India
..... but, inter alia, recommended that the service conditions of judicial officers should be reviewed periodically by an independent commission exclusively constituted for the purpose. from 1993 onwards, this court exercising its writ remedy of continuing mandamus had issued multiple directions under the rubric of this case. 8 inderjit singh sodhi v. ..... . according to the petitioner s counsel, even after the declaration of the final result on 8.4.2016, the selection and appointment committee, continued to act till september, 2016, by issuing corrigendum, publishing fresh result of the written examination, conducting interviews for a few candidates and publishing the ultimate result. it ..... high court on 1.6.2016 apprised the selection and appointment committee, about the errors. then the chairperson of the committee in consultation with the acting chief justice of the patna high court ordered for fresh tabulation. following detailed verification of the records, it was found that 3 more candidates .....
Tag this Judgment!Court : Supreme Court of India
..... the orders passed in the writ proceedings. it may be noted that as per sub-clause(3) of section 218 of west bengal municipal act, 1993, in case the objections raised by the appellants do not find favour of the board of councillors, they would have a right to file an appeal in ..... liberty to challenge the show cause notice dated 24th april, 2024 and the enquiry report(s) by resorting to the provisions contained in the west bengal municipal act, 1993.12. needless to say that the objections so raised by the appellants will be considered and decided objectively without being prejudiced by either the pending contempt proceedings or ..... cause notice dated 24th april, 2024 by taking recourse to the provisions contained in west bengal municipal act, 1993.5. however, his submission is that the municipal authorities are likely to be prejudiced by the contempt proceedings as they are acting under the pressure thereof and thus, the appellants will not get a fair chance to contest .....
Tag this Judgment!Court : Supreme Court of India
..... . no sooner the matter reaches up to the police, then even if there are fair chances of reconciliation between the spouses, they would get destroyed. the foundation of a sound marriage is tolerance, page 29 of 36 adjustment and respecting one another. tolerance to each other's fault to a certain bearable extent has ..... the question whether the misconduct complained of constitute cruelty and the like for divorce purposes is determined primarily by its effect upon the particular person complaining of the acts. the question is not whether the conduct would be cruel to a reasonable person or a person of average or normal sensibilities, but whether it would have ..... appellant s mother had to file a domestic violence case against the first informant in october 2020 under the provisions of the protection of women from domestic violence act, 2005.18. the plain reading of the fir and the chargesheet papers indicate that the allegations levelled by the first informant are quite vague, general and .....
Tag this Judgment!Court : Supreme Court of India
..... to permit this ambush argument by allowing the insured to mechanically rely on oswal plastic industries (supra) without establishing the factual similarity by laying an appropriate foundation in the courts below. hence, 56 oswal plastic industries (supra) has no application to the facts of the present case. irda regulations 76. in ..... 12.2001 was prepared at a premature stage with all relevant disclaimers. alternatively, it was submitted that under section 64 um (2) of the insurance act, 1938, the niacl was entitled to differ from the recommendation of the surveyor.23. learned senior counsel strongly refuted the reliance placed in the convenience ..... by the learned senior counsel that under the aforesaid circumstances, the reinstatement value clause was rendered inoperative. however, the insurance company gave another opportunity to act in good faith and provide necessary specification and particulars, which were not 12 provided for, in spite of the undertaking in the letter of 09.07 .....
Tag this Judgment!Court : Supreme Court of India
..... ought to have been granted on the delayed payments in light of the provisions of the interest on delayed payments to small scale and ancillary industrial undertakings act, 1993 ( the 1993 act ).16. the original defendants on the other hand contested that the trial court had failed to consider the evidence properly and had wrongly awarded the amounts under ..... respect of loans or advance granted to the industrial company.66. it is pertinent to mention that prior to the coming into force of the sick industrial companies (amendment) act, 1993 w.e.f. 01.02.1994, the proceedings in the nature of a suit as mentioned in (iv), (v) and (vi) in paragraph 65 above were ..... 5366-5367 of 2024 page 10 of 9120. ms. malvika trivedi, the learned senior counsel appearing on behalf of the original defendants submitted that the 1985 act overrides the 1993 act as the same was enacted in the larger public interest by the parliament with a view to secure the directive specified under article 39 of the constitution.21 .....
Tag this Judgment!Court : Karnataka
..... of decision making process and not the decision itself, was reiterated by the supreme court in sterling computers ltd. vs. m & n publications ltd., [(1993) 1 scc445 in following words, while exercising the power of judicial review, in respect of contracts entered into on behalf of the state, the court is ..... -petitioner to approach this court by filing writ petition. 3.2.3 the appellant-petitioner stated that it is a public listed company under the companies act, 2013 and a reputed indian multinational conglomerate operating worldwide, carrying on business in engineering, construction, manufacturing, technology and financial services, it was claimed that ..... hon'ble mr. justice krishna s dixit writ appeal no.381 of2024(gm-res) between: larsen and toubro limited a company incorporated under the provisions of companies act, 2013 bearing cin: l99999mh1946plc004768 having registered address at l&t house n.m. marg, ballard estate mumbai 400 001 represented mr. sureshkumar s. ... appellant .....
Tag this Judgment!Court : Karnataka
..... decreeing the suit by placing on a higher probative pedestal the revenue entries.14. the counsel in support of his argument he relied upon the judgment reported in 1993 supp (2) supreme court cases 560 in case of sri chand v/s inder and others and referring this judgment, the counsel would vehemently contend that ..... company and counsel referring this judgment would vehemently contend that ownership and title and proof presumption of title in favor of possessor under section 110 of evidence act and discussed evidence act, 1872, presumption of title as a result of possession arises 25 only where the fact discloses that no title vests in party, further held, ..... in the circumstances that favor defendant s version. presumption of possession and/or continuity thereof, both forward and backward can be raised under section 110 of evidence act, 1872.20. having considered the grounds urged in the appeal memo and also the respective submissions of both 26 the counsel and so also the principles laid .....
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