Court : Supreme Court of India
Decided on : Apr-26-2010
..... and the court would confine itself to the acknowledged parameters of judicial review and within the judicially discoverable and manageable standards, there is no foundation to the plea that a legislative body cannot be attributed jurisdictional error;h. the judicature is not prevented from scrutinizing the validity of the action ..... restrictive of the proper performance of the duties of members of parliament. 20. in a canadian case reported as new brunswick broadcasting co. v. nova scotia (1993) 100 dlr (4th) 212 lamer, c.j. had cited the following extract from an academic commentary [see: joseph maingot, parliamentary privilege (toronto: butterworths, ..... assemblies) are duly filled up through the election procedures contemplated by the constitution that have been fleshed out in detail through the representation of people act, 1951. similarly disputes relating to elections are heard by the competent courts and disqualifications are effected as per the grounds enumerated in the constitution. .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-05-2010
..... development plan and submit to the district planning committee constituted under section 310 of the karnataka panchayat raj act, 1993, or as the case may be the metropolitan planning committee constituted under section 503b of this act.503-b. metropolitan planning committee: (1) the government shall constitute a metropolitan planning committee for the ..... conduct of elections. even before the insertion of the said part ix-a, municipalities existed all over the country but there were no uniform or strong foundations for these local self-governments to function effectively. provisions relating to composition of municipalities, constitution and composition of ward committees, reservation of seats for weaker ..... who has no legal right cannot be given relief merely because such relief has been wrongly given to others and a wrong order cannot be the foundation for claiming equality, nor does a wrong decision by the government give a right to enforce the benefit thereof and claim parity or equality. .....
Tag this Judgment!Court : Patna
Decided on : Dec-09-2010
..... the claim of the appellants and the writ petitioner deserves to be allowed as it relates to claims having valid foundation in law and on facts for a period prior to coming into force of the ncte act, 1993. it is made clear that no claims of any kind of the institution for the period after 17.08.1995 ..... was granted recognition, has been cancelled on the ground that the recognition was granted contrary to bar created by section 16 of the national council for teacher education act, 1993 (ncte act, 1993). as per the writ petitioner, the impugned order dated 09.04.2009 is misconceived and against the principles of natural justice because it was issued without any ..... recognition for undertaking teachers training course for the period 1979-81 till 1994-96, which is prior to coming into force of the national council for teachers education act, 1993 which came into force with effect from 17.8.1995, i direct that genuine students of the aforesaid institution be permitted to submit their fees and forms .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-23-2010
..... and financial institutions act, 1993.19. for all these reasons the order of the high court is set aside and the impugned ..... that after the coming into force of the recovery of debts due to banks and financial institutions act, 1993 recourse cannot be taken for recovery of dues to the provisions of u.p. public moneys (recovery of dues) act, 1972 because the u.p. act does not find mention in section 34(2) of the recovery of debts due to banks ..... :the term financial assistance thus, means any financial assistance provided for running any industrial undertaking. if the term financial assistance is read along with section 3 of the act then it would mean a party to any agreement relating to goods sold to him by the corporation as financial assistance for running any industrial unit. admittedly, in the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-23-2010
..... competence of the state legislature reference may be made to the cases of: charanjit lal choudhary v. union of india : air 1951 sc 41; t.m.a. pai foundation v. state of karnataka : (2002) 8 scc 481; karnataka bank ltd. state of a.p. case : (2008) 2 scc 254.35. one of the proven ..... , read as under:(l) 'terrorist gang' means any association, other than terrorist organisation, whether systematic or otherwise, which is concerned with, or involved in, terrorist act;(m) 'terrorist organisation' means an organisation listed in the schedule or an organisation operating under the same name as an organisation so listed;the following are the terrorist ..... enumerates elaborately the topics on which the centre and the states could legislate, some overlapping of the fields of legislation is inevitable. the british north america act, 1867 which established a federal constitution for canada, enumerated in sections 91 and 92 the topics on which the dominion and the provinces could respectively legislate. .....
Tag this Judgment!Court : Delhi
Decided on : Apr-30-2010
..... tribunal shall, as far as may be, dispose of the appeal in accordance with the provisions of the recovery of debts due to banks and financial institutions act, 1993 (51 of 1993) and rules made thereunder.5. bare reading of aforesaid provision clearly shows that the appeal cannot be entertained unless borrower deposits 50% of the amount of ..... enactments and they are being upheld by the supreme court. for example, in the second proviso under section 15(1) of the foreign trade (development and regulation) act, 1992, it is provided that the appeal against an order imposing a penalty or redemption charges shall not be entertained unless the amount of the penalty or redemption ..... from venturing to less than 25% of the debt. the condition of pre-deposit is mandatory. language employed in the proviso to section 18(1) of sarfesi act mandates that appeal shall not be entertained unless 25% of the amount of debt due is deposited with the appellate tribunal. in this case appellate tribunal did reduce .....
Tag this Judgment!Court : Chennai
Decided on : Aug-31-2010
..... 2009-2010. the order of src reads as under: "3. now, therefore, in exercise of the powers vested under section 15(3)(a) of the ncte act, 1993, the southern regional committee, ncte hereby grants recognition to infant jesus teacher training institute, 747, ramanthapuram road, behind e.b. poer station, thiruvalam, vellore district 632515, ..... regional committee [in short, "src"], of national council for teacher education [ncte] by an order dated 20.01.2005 under section 14(1) of ncte act, 1993 to offer elementary teacher training course of two years duration from the academic session 2004-05 with an annual intake of 50 students. review petitioner- institute applied ..... order, which is again a violation of order of appellate authority.19. under section 2(d) of national council for teacher education (ncte) act, 1993, "examining body" means a university, agency or authority to which an institution is affiliated for conducting examinations in teacher education qualifications. under section 2(j) of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-23-2010
..... 1995. in the subsequent order of withdrawal dated 02.09.2008, the above fact has been recorded, and then it is noted that after the application of the ncte act 1993, the right to grant recognition is no longer with the state government or with any other authority. it is for this reason that the state government has withdrawn the ..... consider matters relating to recognition. hence it is clear that the order memo 57 dated 16.3.2007 is not relevant to the provisions of the n.c.t.e. act 1993. henceforth, after reviewing the order memo 57 dated 16.3.07 is being cancelled as per the order of the government."14. therefore, when lpa no.780 of ..... order dated 02.09.2008 recorded as follows: - "under the aforesaid facts it becomes clear that after the application of the national teachers training council (n.c.t.e.) act 1993, the right to grant recognition to the training colleges is the authority of the regional council, national council for teacher education and not of the state government or of any .....
Tag this Judgment!Court : Andhra Pradesh
Decided on : Jun-07-2010
..... having: the meaning assigned to it in clause (g) of section 2 of the recovery of debts due to banks and financial institutions act, 1993 (51 of 1993).d) section 2(g) of the 1993 act defines 'debt' as meaning any liability (inclusive of interest) which is claimed as due from any person by a bank or a ..... the singular challenge to the continuation of the proceedings, the relevant provisions of the securitization act and of the recovery of debts due to banks & financial institutions act, 1993 ('the 1993 act') need to be considered.a) section 31 of the securitisation act is among the raft of miscellaneous provisions set out in chapter-vi. this provision enumerates ..... made thereunder shall be in addition to, and not in derogation of the companies act, 1956; the securities transactions (regulation) act, 1956; the securities and exchange board of india act, 1992; the recovery of debts due to banks and financial institutions act, 1993 or any other law for the time being in force.analyses:17. to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Aug-03-2010
..... questions arise for consideration-first, the extent of power of the state commission for women constituted under section 3 of the orissa (state) commission for women act, 1993 (for short, `1993 act') and then, as to whether the high court of orissa was justified in issuing direction for deoxyribonucleic acid test (dna) of the child and the appellant ..... in relation to the matters specified therein and on receipt of such complaints take up the matter with the authorities concerned for appropriate remedial measures. the 1993 act has not entrusted the state commission with the power to take up the role of a court or an adjudicatory tribunal and determine the rights of the ..... the appellant shall also give his blood sample for the purpose of dna. this order is impugned in the present appeals by special leave.7. the 1993 act was enacted by the orissa state legislature to constitute a state commission for women and to provide for matters connected with or incidental thereto. functions of the .....
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