Court : Supreme Court of India
..... ascertain the legislative intent and purpose, and then adopt a rule of construction which effectuates rather than one that may defeat these. moreover the rule of prohibition by necessary implication could be applied only where a specified procedure is laid down for the performance of a duty. although rule 52 makes an assessment ..... madhya pradesh, air1956sc116 abdul sayeed v. state of madhya pradesh, (2010) 10 scc259 state of punjab v. davinderpal singh bhullar, air2012sc364 and bahamans v. state of karnataka, (2012) 9 scc650 consequence of not depositing the amount under section31of the1894act :70. 71. the expression used in section 31 is not paid , it is only ..... or after deposit of the amount awarded, such representative, must show legal authority for receiving the compensation on behalf of his principal." (emphasis supplied) 55. the karnataka land acquisition rules 1965 were also framed under section 55 of the land acquisition act, 1894. similarly in the state of kerala rule 14(2) of the .....
Tag this Judgment!Court : Supreme Court of India
..... , and ensure equitable access to social and public spaces, including burial grounds. rule 11 of these rules requires the appropriate government to take adequate steps to prohibit discrimination in any government or private organisation or establishment including in the areas of education, employment, healthcare, public transportation, participation in public life, sports, leisure ..... she unable to hide her true gender identity. circumstance forced her to become a sex worker to sustain herself. later, she was awarded the karnataka rajyotsava award, karnataka s second highest civilian award, for her contribution to social service. e. yet another petitioner who is a transgender person was born in a ..... country; 33 reliance was placed on shafin jahan v. asokan k.m. (2018) 16 scc368 shakti vahini (supra), laxmibai chandaragi b. v. state of karnataka (2021) 3 scc360 deepika singh (supra) 20 part b j. denial of the right to marry amounts to a deprivation of the entitlement to full citizenship .....
Tag this Judgment!Court : Supreme Court of India
..... less as compared to state of andhra pradesh, is not fully correct. it is submitted that recruitment of judicial officers is on all india basis, officers from other states including karnataka, orissa, bihar, tamil nadu are also in the service and in allocation of state, thus nativity or home district declared cannot serve any substantial basis. shri venkatramani submits that in .....
Tag this Judgment!Court : Supreme Court of India
..... principles of constitutional government, practices in other democratic constitutional arrangements and the fact that the constituent assembly provided a role for the executive clearly prohibit the inference that executive participation in the selection process abrogates a basic feature. the attorney general is right in his submission that exclusion of ..... insofar as the instant aspect of the matter is concerned, the learned attorney general, placed reliance on the indira nehru gandhi case56, state of karnataka v. union of india[88]., and particularly to the following observations: 238. mr sinha also contended that an ordinary law cannot go against the ..... the jharkhand high court bar association, ranchi (jharkhand), the bar association of national capital region, new delhi, and the gulbarga high court bar association, gulbarga (karnataka). it was submitted, that all the aforementioned bar associations were unanimous in their challenge, to the constitution (99th amendment) act, and the njac act. .....
Tag this Judgment!Court : Supreme Court of India
..... while article 2(b) enjoins the state parties to pursue elimination of discrimination against women, by adopting appropriate legislative and other measures including sanctions where appropriate, prohibiting all discriminations against women . clause (c) of article 2 enjoins the ratifying states, to ensure legal protection of the rights of women, and article 3 ..... unless free mobility of the people is allowed transcending sectional, caste, religious or regional barriers, establishment of secular socialist order becomes difficult. in state of karnataka v. appa balu ingale [1995 supp (4) scc469 this court has held in para 34 that judiciary acts as a bastion of the freedom and ..... unless free mobility of the people is allowed transcending sectional, caste, religious or regional barriers, establishment of secular socialist order becomes difficult. in state of karnataka v. appu balu ingale & ors., air (1993) sc1126this court has held in paragraph 34 that judiciary acts as a bastion of the freedom and .....
Tag this Judgment!Court : Supreme Court of India
..... and 123 of the tasmanian criminal code must be considered the covenant. incompatible with article 26 of firstly, these provisions of the tasmanian criminal code prohibit sexual intercourse between men and between women, thereby making a distinction between heterosexuals and homosexuals. secondly, they criminalize other sexual contacts between consenting men ..... young man who had been given electro-shock therapy for nearly two years. a recent report by the people s union for civil liberties (karnataka), showed that section 377 was used by the police to justify practices such as illegal detention, sexual abuse and harassment, extortion and outing of ..... against them on the basis of their sexual orientation. justice ackerman, concurring with the ecthr s observation in norris, noted that: the discriminatory prohibitions on sex between men reinforces already existing societal prejudices and severely increases the negative effects of such prejudices on their lives. 257 justice ackerman quoted .....
Tag this Judgment!Court : Supreme Court of India
..... does not serve as any limitation ......................... 129 d. section 9 does not serve as a limitation on the taxing powers of state ........... 134 7 e. any limitation can extend to prohibition ........................................................ 135 f. impact of taxes on mineral rights on mineral development ............................. 142 i. scope of entry 49 ................................................................................................. 146 i. land system in india ........................................................................................ 146 ii. tax on land ..... for almost all manufacturing industries and physical infrastructure.22. most of the minerals are spatially located in a few mineral rich states, namely, andhra pradesh, chhattisgarh, gujarat, jharkhand, karnataka, madhya pradesh, orissa, rajasthan, and west bengal.11 since mineral resources are a shared inheritance of the people, it has always been the imperative of the indian state to .....
Tag this Judgment!Court : Supreme Court of India
..... special development plans for the conservation and improvement of listed heritage complexes and their appurtenant areas. alternation or demolition of any listed heritage building is prohibited without the prior approval of the competent authority. the development plans/schemes for such areas shall conform to the provisions, in respect of conservation ..... the means to achieve the ends of justice. they cannot be perverted to achieve the very opposite end. that would be a counter-productive exercise.262. in karnataka state road transport corporation331, this court observed thus:328. (supra at148) 329 (supra at147) 330 (1996) 3 scc364331 (supra at150) 252 24. ..... 145, cynamide india146, canara bank v. v.k. awasthy147, haryana financial corporation & anr. v. kailash chandra ahuja148, punjab national bank & ors. v. manjeet singh & anr.149, karnataka state road transport corporation & anr. v. s.g. kotturappa & anr.150, viveka nand sethi v. chairman, j&k bank ltd. & ors.151, ranjan kumar mitra v. .....
Tag this Judgment!Court : Supreme Court of India
..... cannot exercise the power of judicial review of legislative action to the exclusion of the high courts and the supreme court, there is no constitutional prohibition against their performing a supplemental as opposed to a substitutional role in this respect. that such a situation is contemplated within the constitutional scheme becomes ..... and/or 227 of the constitution. transferred cases stand disposed of accordingly. parties to bear their own costs. (iii) reliance was next placed on state of karnataka v. vishwabharathi house building cooperative society & ors., (2003) 2 scc412 the primary question which arose for consideration was the constitutional validity of the consumer protection act ..... referring to these articles, this court in two cases, namely, union of india v. delhi high court bar assn., (2002) 4 scc75 and state of karnataka v. vishwabharathi house building coop. society, (2003) 2 scc412 held that articles 323-a and 323-b are enabling provisions which enable the setting up of .....
Tag this Judgment!Court : Supreme Court of India
..... in practice and to take steps against those countries. the steps which fatf may take against a non-compliant nation include conditioning, restricting, targeting or even prohibiting financial transactions with non-cooperative jurisdictions . (ix) it is submitted that the measures against money-laundering have evolved over the period of time. further, fatf ..... uttar pradesh gangsters and anti-social activities (prevention) act, 1986; section 21 of the maharashtra control of organised crime act, 1999; section 22 of the karnataka control of organized crime act, 2000; section 21 of the telangana control of organized crime act, 2001 (renamed from andhra pradesh coca, 2001); section 18 ..... promoting or effectuating a directive principle and such restriction can be safely presumed to be a reasonable restriction in public interest. reliance has also been placed on state of karnataka & anr. vs. shri ranganatha reddy & anr.272 and state of tamil nadu and ors. vs. l. abu 269 (1992) 3 scc336270 (1995) 1 .....
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