Court : Supreme Court of India
..... the conflicting interests ........................... 15 e. conclusion ......................................................................................................... 21 page 5 of 22 part a&b a. background 1. in mineral area development authority v. steel authority of india,1 the nine-judge bench of this court answered the questions referred in terms of the conclusions arrived at by the majority ..... judicial restraint is called for. we, therefore, declare that our decision will not affect the validity of the constitution (seventeenth amendment) act, 1964, or other amendments made to the constitution taking away or abridging the fundamental rights. we further declare that in future the ..... not be a constitutionally just outcome.20. after india cement (supra), parliament enacted the cess and other taxes on minerals (validation) act 1992 to validate the imposition and collection of taxes on minerals made under the state legislations before 1991. the central government also increased .....
Tag this Judgment!Court : Supreme Court of India
..... judicial decision should not be pre-empted or circumvented by public agitation or publications. it has to be remembered that even at turbulent times through which the developing countries are passing, contempt of court means interference with the due administration of justice. (emphasis added) 27. in anil ratan sarkar and others v. ..... manner resulting in misleading the common man. ima has claimed that despite lodging multiple complaints and submitting several representations to the union of india and the state authorities, they have declined to take any concrete action, thus compelling them to approach this court for relief. b. proceedings dated21st november, 2023 3. notice ..... in ashok paper kamgar union v. dharam godha and others21, this court observed that the expression willful disobedience deployed in section 2(b) of the act means an act or omission done voluntarily and intentionally with a specific intent to do something, which the law forbids or with a specific intention to fail to do .....
Tag this Judgment!Court : Supreme Court of India
..... sub-clauses (i) to (vi), such as billing issue or collection or recovery of cheques, payments, maintenance of accounts and remittance, inventory management, evaluation or development of prospective customer or vendor, public relation services, management or supervision, and includes services as a commission agent, but does not include any activity that amounts to ..... right to be consulted in respect of design of a lottery ticket, had a say in the matter of arranging and organizing the lottery, had been authorized to promote and market the online lottery and paid minimum assured revenue of rupees ten crores per annum to the state of sikkim. page 6 of ..... , kerala, to obtain registration and pay page 2 of 25 service tax under the heading 'business auxiliary service' in terms of the provisions of the finance act, 1994. subsequently, the appellants were served notices by the assistant commissioner of central excise demanding details of their lottery purchase since the year 2003. in some instances .....
Tag this Judgment!Court : Supreme Court of India
..... p.s.l. ramanathan chettiar (supra), which has also been relied on by the respondent in the present matter, and another decision by this court in delhi development authority v. bhai sardar singh and sons58. p.s.l. ramanathan chettiar (supra) holds that a deposit is only a way to obtain a stay on execution and ..... . 152 27 miliangos v. george prank (textiles) ltd., 1976 ac443 17 restrictions under the foreign exchange regulation act, 1973 (that was in force at the time) must be considered. if permission is not granted by the authorities to pay the decretal amount in foreign currency, the amount would have to be converted to indian rupees for ..... are indian companies and the respondent is a croatian company. the parties entered a contract for the design, engineering, manufacturing, and 1 1984 supp scc263 2 hereinafter the act . 3 1994 supp (1) scc644 2 supply of two generators by the respondent. certain disputes arose between them that were referred to arbitration before the international chamber .....
Tag this Judgment!Court : Supreme Court of India
..... by recording cogent reasons in support thereof. in the normal course if the punishment imposed is shockingly disproportionate, it would be appropriate to direct the disciplinary authority or the appellate authority to reconsider the penalty imposed. (emphasis supplied) 27. the legal position was restated by two learned judges in state of uttar pradesh v man mohan ..... 28. turning our gaze back to the facts herein, we find that the learned single judge and the division bench acted as courts of appeal and went on to re-appreciate the evidence, which the above- enumerated authorities caution against. the present coram, in bharti airtel limited v a s raghavendra, (2024) 6 scc418 has laid ..... such matters, the settled law is that where two views are possible, the one taken by the authorities ought not to be interfered with, only because there can be another view. learned counsel submit- ted that the act of the respondent stood admitted with regard to his con- duct of financial irregularity(ies) and .....
Tag this Judgment!Court : Supreme Court of India
..... professors later on and began drawing the same pay-scale as admissible to other lecturers/assistant professors.6. the government of india, ministry of human resource development, department of education vide communication dated 22.07.1988 decided to implement a career advancement scheme5 to make the revision of pay-scale of teachers in ..... and thereafter as assistant professors, it was submitted that they cannot be deprived of the benefit available to lecturers. learned 9 hereinafter referred to as the 1974 act . 12 counsel would canvass that the cas does not provide that the benefit is not available to such incumbents, whose posts have been designated as lecturers ..... assistants were employed for the purpose of conducting and guiding research and must therefore be regarded as teachers for the purposes of section 2(j), udaipur university act, 1962. the said relief was granted by the learned single bench of the high court, whereupon the state of rajasthan preferred an intra-court appeal .....
Tag this Judgment!Court : Supreme Court of India
..... notion and she withdrew the complaint. in fact, in the articles of charge issued to the appellant she was cited as a witness by the respective authority and neither she appeared before the inquiry officer nor she had deposed in the inquiry proceedings. though, she had already filed an affidavit withdrawing her complaint ..... court which dismissed the writ petition by impugned order while affirming the order of the tribunal and observed that justifiable penalty had been imposed by the disciplinary authority. hence, this appeal. contentions of learned advocates13 it is the contention of shri vardhman kaushik, learned counsel appearing for the appellant that high court on ..... held that punishment of dismissal imposed on the appellant was totally disproportionate to the alleged act.24. in the normal circumstances we would have remitted the matter back to the tribunal or high court or to the disciplinary authority for reconsideration of the matter but we desist from doing so for reasons more than .....
Tag this Judgment!Court : Supreme Court of India
..... the said provision is located, and it evidences the existence of a statutory scheme in 25 which powers and duties are entrusted to different authorities under the act to subserve the constitutional purposes. the statutory regime makes it clear that the entrustment of the powers is intended to be exercised by lt. ..... delhi municipal corporation (amendment) bill, 1992 was introduced in the lok sabha on 24th november, 1992. 1826. while the bill was pending consideration, another constitutional development took place. in its winter session, parliament passed the constitution (seventy-fourth amendment) bill relating to panchayats and municipalities . part ix-a relating to municipalities ..... passed and was notified on 17.09.1993 as the delhi municipal corporation (amended) act no.67 of 1993.27. the dmc act, as amended in 1993 is of seminal importance. the amendment gives effect to two constitutional developments. while the first relates to the recognition and grant of quasi-statehood to delhi .....
Tag this Judgment!Court : Supreme Court of India
..... not consider it expedient to interfere in the findings recorded in the trial court, yet in view of the statements made at bar, the vice- chairman, lucknow development authority has to consideration application of the plaintiff for conversion of leasehold into freehold rights in respect of the garden lease in question and pass appropriate order expeditiously and it ..... the rights of the lawful lessees do not get affected, as their tenancy will be attorned to the purchaser in view of section 109 of the transfer of property act,1882. therefore, the rights of the state as the lessor can only be sold by a public auction or by any other transparent method by which, ca @ ..... form of largesse by the state or its agencies/instrumentalities by treating the exercise as a private venture is liable to be treated as arbitrary, discriminatory and an act of favouritism and/or nepotism violating the soul of the equality clause embodied in article 14 of the constitution.67. this, however, does not mean that the .....
Tag this Judgment!Court : Supreme Court of India
..... address potential vulnerabilities or lapses in the system, and ensure that all centres adhere to the highest standards of examination security; and viii. recommend the development of a robust grievance redressal mechanism. this should allow candidates to report any irregularities or issues promptly; b. data security and technological enhancements i. ..... reduce barriers to entry; d. collaboration and international cooperation i. consider the viability of nta engaging in international cooperation with examination bodies and educational authorities from other countries to share best practices, security measures, and innovative solutions; and ii. suggest the creation of a management framework to identify, assess ..... be involved in wrong doing at any stage, notwithstanding the completion of the counselling process. no student who is revealed to have engaged in acts of fraud or to have been the beneficiary of malpractice would be entitled to claim a vested right or interest in the continuation of the .....
Tag this Judgment!