Court : Supreme Court of India
..... safety and electric supply) regulations, 2010 (for short the safety regulations ) is ultra vires the regulation making power of the central electricity page 1 of 37 authority under the electricity act, 2003 (for short the electricity act ) and, therefore, void. the petitioner- therein also sought for a declaration that the state of kerala has no power to allow deviation under sub- regulation (1 ..... , trading and use of electricity and generally for taking measures conducive to development of electricity industry, promoting competition therein, protecting interest of consumers and supply of electricity to all areas, rationalization of electricity tariff, ensuring transparent policies regarding subsidies, promotion of efficient and environmentally benign policies, constitution of central electricity authority, regulatory commissions and establishment of appellate tribunal and for matters connected .....
Tag this Judgment!Court : Supreme Court of India
..... by its delegate in respect of orders passed under the delegated powers.18.1 grant of a transport permit is an important function that the statutory authority under the act would perform. this court had an occasion to consider the serious consequences of motor accidents leading to large number of deaths and injuries to human body ..... section 66. control of road transport vested in the state government under section 67, is to ensure, (a) advantages to the public, trade and industry by the development of motor of transport, (b) coordination of road and rail transport, (c) prevent deterioration of the road system and also to (d) prevent uneconomic competition among ..... which the legislature would not have intended to be read in a pedantic manner. when the words in the section allow multiple interpretations, courts of law have developed the art and technique of finding the correct meaning by looking at the words in their context. this approach is beautifully expressed by justice o. chinnappa .....
Tag this Judgment!Court : Supreme Court of India
..... issues including on the issue of jurisdiction. it was observed that the appellant, a private service provider is not a telegraph authority for the 5 purposes of section 7b of the indian telegraphic act 1885 ; however, the issue of jurisdiction could not be determined without the filing of a written statement. in this context ..... imperia structures ltd. v anil patni , this court held that the remedies available under the act of 1986 are in addition to the remedies available under other statutes, including special statutes like the real 16 estate (regulation and development) act 2016 . this court reiterated the settled position of law in the following terms: 23. it ..... has consistently been held by this court that the remedies available under the provisions of the cp act are additional remedies over and above the other remedies including .....
Tag this Judgment!Court : Supreme Court of India
..... of a plot in noida.2. note more than one plot: an eligible person will be allotted not more than one residential plot in the new okhla industrial development authority. area separately eligible for allotment of plot and for this purpose they shall be treated as a single eligible person. xxx xxx xxx 15. lease deed and ..... regarding the allotment, no construction has been raised over the said plot.12. it was further submitted that in terms of section 14 of the uttar pradesh industrial development act, 1976, the chief executive officer can resume the site or building in case of non-payment of consideration or any installment or breach of any condition of ..... made especially under oath or on affirmation before an authorised magistrate or officer. affidavit has been defined in sub-clause (3) of section 3 of the general clauses act, 1897 to include 'affirmation and declaration in the case of person by law allowed to affirm or declare instead of swearing.' the essential ingredients of an affidavit .....
Tag this Judgment!Court : Supreme Court of India
..... quarter in each family. such changes shall be laid before the next meeting of the gaon panchayat for information.5. correction of any existing entry.- the assistant development officer (panchayat) may on an application made to him in this behalf order the correction of any existing entry in the family register and the secretary of the ..... of birth certificate from the school (other than a play school) first attended; and in the absence whereof; (iii) the birth certificate given by a corporation or a municipal authority or a panchayat; (b) and only in the absence of either (i), (ii) or (iii) of clause (a) above, the medical opinion will be sought from ..... certificate; school leaving certificate and the report of the ossification test in support of his plea of being a juvenile, whereas the state relies upon 3 2000 act 4 2015 act 4 the family register prescribed by the family register rules. i. birth certificate 8. first, we shall examine the truthfulness of the birth certificate issued by .....
Tag this Judgment!Court : Supreme Court of India
..... . ltd. v. state of up & ors.17 wherein pre-deposit was required to be made while filing an appeal under the real estate (regulation and development) act, 2016. the said judgment is not applicable as while framing the statute, section 43(5) contemplating pre- deposit was part of the initially enacted provision. similarly ..... second proviso clarified that the provisions of the amended section 35 shall not be applied to the stay applications and appeals pending before any appellate authority prior to the commencement of the finance act, 2014. therefore, the issue 16 arising in the said case was of legality and validity of the pre- deposit and not the retrospectivity ..... of supporting the pre-existing right and really amounts to begging the question. the new proviso is wholly inapplicable in such a situation and the jurisdiction of the authority has to be exercised under the old law which so continues to exist. the argument of sri ganapathy aiyer on this point, therefore, cannot be accepted.10. .....
Tag this Judgment!Court : Supreme Court of India
..... or town planning scheme, any land is required or reserved for any of the public purposes specified in any plan or scheme under this act at any time, the planning authority, development authority, or as the case may be, any appropriate authority may, except as otherwise provided in section 113a acquire the land, (a) by agreement by paying an amount agreed to, or (b) in ..... ) by making an application to the state government for acquiring such land under the land acquisition act, 1894 (now it would be the act of 2013). on receipt of such application by the planning authority/development authority to the state government for acquiring such land under the land acquisition act, 1894, the procedure as contemplated and required under sections 126(2) to 126(4) shall have .....
Tag this Judgment!Court : Supreme Court of India
..... manner and procedure as may be prescribed by rules made by the central government. (2) the central government may, by notification, authorise the authorities constituted under the legal services authorities act, 1987 (39 of 1987), for the purposes of pre-institution mediation. 16. amendments to the code of civil procedure, 1908 in its ..... in relation to the public contract works. the present litigation relates to two such contract works: one being the work awarded by the chhattisgarh road development corporation limited for construction of two laning with hard shoulder of tara-premnagar- ramanunjnagar road section in the state of chhattisgarh ; and the other being ..... functioning of almost all the institutions got disrupted due to serious illness of a large populace and due to various containment measures taken by the administrative authorities, including lockdowns. the functioning of courts and other juridical institutions also suffered set-backs and, in fact, with regular spike 21 in covid-19 .....
Tag this Judgment!Court : Supreme Court of India
..... of entire family of her late husband, including respondent no.2/complainant, against the wishes of her family. a certificate of marriage was issued by the 2 competent authority and a translated copy of nikah nama (marriage certificate) was issued by the languages department, darul uloom nadwatul ulama, lucknow dated 11th december, 2016.5. from this ..... otherwise of the allegations made in 2 air2021sc191810 the fir or the complaint and that the inherent powers do not confer any arbitrary jurisdiction on the court to act according to its whims and fancies.18. adverting to the facts of the instant case, there was no material placed on record by the complainant to justify ..... ground for proceeding against the accused. (6) where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or the .....
Tag this Judgment!Court : Supreme Court of India
..... kashi ram (supra) this court has explained and laid down as follows: - 23. it is not necessary to multiply with authorities. the principle is well settled. the provisions of section 106 of the evidence act itself are unambiguous and categoric in laying down that when any fact is especially within the knowledge of a person, the burden of ..... cannot be said to have been discovered pursuant to the statement made by the accused-appellant in police custody. as noticed above, this line of argument has been developed with reference to minor and irrelevant inconsistencies in the deposition of witnesses, particularly the child witness pw-3 aashna. further, strength is sought to be taken with ..... those of the u.s. supreme court, observed as under: - 75.4. these features are only illustrative to say that the theory of residual doubt that got developed was a result of peculiarity in the process adopted. even then, what is material to note is that the theory has consistently been rejected by the us supreme .....
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