Court : Supreme Court of India
..... 2013 by the government of haryana under sub-section (2) read with clause (b) of sub- section (3) of section 17 of the 1994 act by which appropriate authorities were constituted for each district consisting of civil surgeon, district programme officer, women and child development department and district attorney. he submitted that the search /raid purportedly conducted under the orders of the appropriate ..... authority of the district under section 30(1) of the 1994 act was completely illegal as there was no order passed by the appropriate authority authorising the conduct of the raid. he submitted that only .....
Tag this Judgment!Court : Supreme Court of India
..... what has been laid down in the earlier judgments of this court that the prison authorities should ensure that the representations are sent to the competent authorities immediately after the receipt thereof. in the present era of technological development, the said representation can be sent through email within a day. it is further ..... cannot be whittled down by merely saying that much time was lost in the transit. if the government enacts a law like the present act empowering certain authorities to make the detention order and also simultaneously makes a statutory 51 provision of affording the earliest opportunity to the detenu to make his ..... hold, own, possess or transfer any foreign exchange, foreign security or any immovable property situated outside india." xi. further, section 4 of foreign exchange management act, 1999, specifically provides that no person resident in india shall acquire, hold, own or possess or transfer any foreign exchange, foreign security or any immovable property .....
Tag this Judgment!Court : Supreme Court of India
..... established in their backyard. the division bench of the bombay high court in the case of bhavya height co-operative housing society ltd. v. mumbai metropolitan region development authority and others16 had an occasion to consider a similar situation, wherein the high court observed thus: 36. .. to this affidavit there are sketch plans annexed ..... it is submitted that, at the relevant time, the mpcb was not issuing a separate consent to establish under the water act, 1974 or the air act, 1981 but was issuing a composite authorization to set up and operate across the state. it is submitted that the circular issued by the mpcb dated 6th september 2021 ..... was sanctioned on 18th september 2008. he submitted that this was done after inviting and hearing objections under section 28 of the maharashtra regional and town planning act, 196612. he submitted that, at that stage, no objection was raised by anyone. he further submitted that the advertisement inviting expression of interest for setting .....
Tag this Judgment!Court : Supreme Court of India
..... concept of civil liberty is essentially rooted in the philosophy of individualism. according to this doctrine, criminal appeal no.2501/2024 page 32 of 73 the highest development of the individual and the enrichment of his personality are the true function and end of the state. it is only when the individual has reached the highest ..... their liberties to the state. according to aristotle, as the state was a means to fulfil certain fundamental needs of human nature and was a means for development of individuals' personality in association of fellow citizens so it was natural and necessary to man. plato found his republic as the best source for the achievement ..... him to answer a criminal charge or civil demand. arrest involves the authority to arrest, the assertion of that authority with the intent to effect an arrest, and the restraint of the person to be arrested. all that is required for an 'arrest' is some act by officer indicating his intention to detain or take person into custody .....
Tag this Judgment!Court : Supreme Court of India
..... international obligations which india has assumed. 5 the fundamental objection to the maintainability of a petition of the nature that is before the court lies in the fact that the authority and jurisdiction in relation to the conduct of foreign affairs is vested with the union government under article 73 of the constitution. apart from article 73, the provisions of article ..... such cases. for instance, prohibitions can be imposed by the union of india under the foreign trade (regulation and development act) as well as under the provisions of the customs act, 1962. whether in a given case, any such action is warranted is a matter which has to be decided by the union government bearing in mind economic, geo-political and .....
Tag this Judgment!Court : Supreme Court of India
..... not be construed as the directions issued by the central government for the purpose of exercise of powers and performance of the functions by the authorities as contemplated in section 51 of the said act. as stated in the said report, the said offices of the directorate of enforcement all over india are set up to ensure that the ..... all or any of the powers and perform all or any of the functions conferred on, or, assigned, as the case may be, to such authorities by or under this act or the rules framed thereunder in accordance with such directions as the central government may issue for the exercise of powers and performance of the functions by ..... person whose attendance he considers necessary for giving evidence or to produce any records during the course of the proceedings under the act, and that the persons so summoned is bound to attend in person or through authorized agent, and to state truth upon the subject concerning which he is being examined or is expected to make statement and .....
Tag this Judgment!Court : Supreme Court of India
..... jurisdiction civil appeal nos.2809-2810 of2024dharmendra sharma appellant(s) versus agra development authority respondent(s) with civil appeal no.6344 of2024judgment vikram nath, j.1. civil appeals 2809-2810 of 2024, by the appellant filed under section 23 of the consumer protection act, 19861, read with order xxiv of the supreme court rules, ..... within a period of two months from the date of the order.2. further, civil appeal no.6344 of 2024 has been filed by the agra development authority 3 assailing the correctness of the same judgment of the ncdrc dated 15.09.2023 partly allowing the complaint.3. the appellant -dharmendra sharma had ..... filing of the complaint. in support of this submission, reliance has been placed upon the following judgments: (a) ghaziabad development authority vs. balbir singh8 (b) rishab singh chandel & anr. vs. parsvnath developers ltd. & anr.9 (c) lucknow development authority vs. m.k.gupta10 (d) marvel omega builders pvt. ltd. vs. shri hari gokhale & ors.11 (e) .....
Tag this Judgment!Court : Supreme Court of India
..... the order dated 09.05.2005 of the office of commissioner of customs (appeals) which had directed that the matter be remanded to the assessing authority for fresh assessment. no further development is there in the case of the criminal appeal no.3216 of 2024 page 11 of 17 appellant-company. accordingly, vide order dated 16.10. ..... before the learned special judge. one of the grounds was that the appellant-company had been granted immunity under the ce act 1944, ca1962 and ipc1860through order dated 20.08.2007 passed by the competent authority, i.e., the settlement commission and criminal appeal no.3216 of 2024 page 8 of 17 pressed into service the ..... into the backdrop in which the allegations arose against the appellant-company.4. the appellant-company claims to be a private limited company duly incorporated under the companies act, 1956, which is engaged in manufacturing and exporting of cosmetics and toilet preparations and having one of its units in kasez. as per the appellant-company, its .....
Tag this Judgment!Court : Supreme Court of India
..... evidence, etc.- no instrument chargeable with duty shall be admitted in evidence for any purpose by any person having by law or consent of parties authority to receive evidence, or shall be acted upon, registered or authenticated by any such person or by any public officer, unless such instrument is duly stamped: provided that, (a) any ..... with the requirement of duty and penalty. in such an event, the available objection under sections 33 or 34 of the act is erased beforehand. the quantum of penalty is primarily between the authority/court and the opposing party has little role to discharge.22. reverting to the circumstances of the case by keeping in perspective ..... registrar for determination and collection of penalty as may be applicable is legal. point ii16 chapter iv of the act is both mandatory and regulatory. section 33 mandates every person having by law or consent of parties authority to receive evidence and every person in charge of public office (for short, every person/court ) when .....
Tag this Judgment!Court : Supreme Court of India
..... complying with the requirement of duty and penalty. in such an event, the available objection under sections 33 or 34 of the act is erased beforehand. the quantum of penalty is primarily between the authority/court and the opposing party has little role to discharge.6. having regard to the detailed consideration, the twin points on ..... to determine the deficit stamp duty and penalty payable. upon receipt of the compliance certificate from the district registrar, without reference to an objection 5 under the act, the suit document is received in evidence. all objections available to the respondents except the above are left open for consideration.8. in the present case, ..... would pay the stamp duty when the decree of specific performance was granted. in our considered view, the case of appellant is covered by section 34 of the act, and rightly ten-times penalty is imposed. further, the appellant having invited the court, as noted above, cannot now express the willingness to exercise the option .....
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