Court : Supreme Court of India
..... handyside v. uk [(1976) 1 ehr737 ). articles 2 and 5 of the convention contain provisions similar to article 21 of our constitution relating to life and liberty. the european court has applied the principle of proportionality also to questions of discrimination under article 14 of the convention (corresponding to article ..... this court in the abovementioned judgment predicted, and to pre- empt such arbitrary classification, clarified the position in law.60. the land acquisition act does not distinguish between classes of owners, and uniformly provides compensation to all class of landowners. the classification made between pushtaini landowners and gair- ..... review by the courts of the validity of legislation which offended fundamental freedoms. xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx 45. under article 3(1) of the human rights act, 1998 the english court can now declare the legislative action as incompatible with the rights and freedoms referred to in the schedule. the minister .....
Tag this Judgment!Court : Supreme Court of India
..... between the requirements under these rules and the requirements under any other act or rules or by laws in force the requirements under these rules and the provisions of chennai city municipal corporation act, tamil nadu distrit municipal act or panchayat act or any other law relating to the local authority for the time ..... refused to apply constitutional safeguards: building zone laws are of modern origin. they began in this country about 25 years ago. until recent years, urban life was comparatively simple; but, with the great increase and concentration of population, problems have developed, and constantly are developing, which require, and will continue to ..... every exercise of eminent domain an acquisition or taking possession under article 300-a. generally speaking preservation of public health or prevention of damage to life and property are considered to be public purposes. yet deprivation of property for any such purpose would not amount to acquisition or possession taken under .....
Tag this Judgment!Court : Supreme Court of India
..... external violent death and cannot be read in isolation itself.32. we have benefit of elucidation in this behalf arising from the judgment of this court in alka shukla v. life insurance corporation of india13. the court noted the divergence of opinion of courts between courts across international jurisdictions making a distinction between accidental means and accidental result while deciding ..... judgment of this court in delhi electric supply undertaking v. basanti devi & anr.,3 opining that the employer of the deceased had assumed the role of an agent of the insurance company under section 182 of the indian contract act because the employer had the responsibility of deducting the premium from the monthly salary of the deceased and remitting it to the .....
Tag this Judgment!Court : Supreme Court of India
..... ias officer consisting, inter alia, of the additional director general of police and representatives of the transport department and the maharashtra state road transport corporation. 14 the high court adjudicated upon the challenge to the order of the rto dated 21 december 2022. the high court recorded that counsel ..... regional transport authority, pune information not provided as per fare basis, etc. imperfections have been found. also, in the documents submitted, some legal documents such as insurance certificate, vehicle license, fitness certificate, license, public transport service badge, pollution control certificate, etc. are not attached. (please refer table no.2 on page ..... confers a rule making power on the state government for implementing the provisions of chapter v. 6 following the amendment of the provisions of the act in 2019, the union government in the ministry of road transport and highways formulated the motor vehicle aggregator guidelines 2020. the guidelines commence with .....
Tag this Judgment!Court : Supreme Court of India
..... pay order, as opposed to a cheque, drawn on a bank ) the liability would cease. counsel for the developer relied 11 on the decisions in hindustan paper corporation ltd vs. ananta bhattacharjee4 and in gurpreet singh vs. union of india5. analysis and conclusion 18. for deciding this appeal, it is unnecessary to recount the entire ..... and awards interest on the enhanced amount.30. the rule was explained in another decision of this court, in v. kala bharathi & ors. vs the oriental insurance company ltd:9 a bare perusal of the aforesaid provisions makes it amply clear that the scope of order xxi rule 1 of the code of civil procedure ..... project due to litigation with the ghaziabad development authority.4. dr. manjeet kaur monga filed a complaint under section 36 of the (then) monopolies and restrictive trade practices act, 1969 (hereinafter, mrtp act ) alleging unfair trade practice by the developer. the complaint claimed physical possession of the flat or an alternative flat of the same size and .....
Tag this Judgment!Court : Supreme Court of India
..... an application filed under section 9, ibc the period during which the operational creditor s right to proceed against or sue the corporate debtor that remain suspended by virtue of section 22 (1) of the sick industrial companies (special provisions act, 1985) (sica) can be excluded, as provided under section 22 (5) of sica?. (ii) whether the respondent has ..... a mere money recovery legislation; (b) that cirp is not intended to be adversarial to the corporate debtor but is aimed at protecting the interests of the corporate debtor; (c) that intention of the code is not to give a new lease of life to debts which are time-barred; (d) that the period of limitation for an application ..... seeking initiation of cirp under section 7 of the code page 33 of 61 is governed by article 137 of the limitation act and is, .....
Tag this Judgment!Court : Supreme Court of India
..... the sebi (sast) regulations page 1 of 31 trading) regulations, 19923, framed under the securities and exchange board of india act, 19924. we have answered both the questions. on the first issue, following the decision of this court in ammonia supplies corporation (p) ltd. v. modern plastic containers pvt. ltd. & ors.5, we have held that the rectificatory jurisdiction under section 59 ..... they are impressed with a statutory duty to safeguard the interest of the consumers and the real stakeholders of the sector. telecom regulatory page 23 of 31 authority of india20, insurance regulatory and development authority21, insolvency and bankruptcy board of india22, central23 and state24 electricity regulatory commissions and airport economic regulatory authority25, are some of the regulators established under their respective .....
Tag this Judgment!Court : Supreme Court of India
..... be of little value, vide romesh thappar; sakal papers (p) ltd. vs. union of india, a.i.r. 1962 sc305( sakal papers (p) ltd. ). 31 in life insurance corporation vs. prof. manubhai d. shah, (1992) 3 scc637( prof. manubhai d. shah ) this court reiterated that the freedom of speech and expression under article 19(1)(a) ..... the commission of an offence or that it is against the interests of the sovereignty and integrity of india or public order. ix) the information technology act, 2000 (it act) allows the interception of information by the authorities in the interest of public order, or the sovereignty and integrity of india, or for the purpose ..... ministers as public officers with the assistance of the bureaucracy working in various departments and corporate sectors etc. though they are expressed in the name of the governor, each minister is personally and collectively responsible for the actions, acts and policies. they are accountable and answerable to the people. their powers and duties .....
Tag this Judgment!Court : Supreme Court of India
..... any other financial company; it is also imperative to mention section 2(5-b) of the act, which defines a financial company and includes within its ambit hire-purchase finance companies: (5-b) ..... defined in section 4- a of the companies act, 1956 (1 of 1956); 1 for short, the act . civil appeal nos.10201-10202 of 2010 & ors. page 2 of 21 (iii) a state financial corporation established under section 3 or section 3-a or an institution notified under section 46 of the state financial corporations act, 1951 (63 of 1951), and (iv) ..... registered in his name. the sale letter was a formal document which was not made effective by registering the vehicle in the name of the assessee and even the insurance of the motor vehicle had to be effected as if the customer was the owner.16. before we examine the reasoning and context in which the elucidation was made .....
Tag this Judgment!Court : Supreme Court of India
..... crores getting deducted. the employees provident fund organization (epfo) enrolment data saw an increase of 1.1 crore new enrolments. it also saw 55% increase in employees state insurance corporation (esic) registrations. it is, therefore, submitted that if the effect of impugned action is considered in a larger perspective, it will clearly show that there have been several ..... the intention of parliament and then he must supplement the written word so as to give force and life to the intention of the legislature . a judge should ask himself the question how, if the makers of the act had themselves come across this ruck in the texture of it, they would have straightened it out?. ..... of the mischief, and pro privato commodo, and to add force and life to the cure and remedy, according to the true intent of the makers of the act, pro bono publico . the court must give effect to the purpose and object of the act for the reason that legislature is presumed to have enacted a reasonable statute. .....
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