Court : Supreme Court of India
..... mmdr act, mines and minerals (development & regulation) act, 1957 p.c. act prevention of corruption act abbreviations of companies aepl m/s aryan energy private limited emta m/s eastern mineral and trading agency gcwl m/s gupta coalfields and washeries limited kecml m/s karnataka emta coal mines limited kpcl m/s karnataka power corporation limited ..... are (sic is) well- established. thus, there is an integral provision of power-cum-procedure which answers with the desideratum of article 21 justifying deprivation of life and liberty. [emphasis added]. in a concurring judgement in the captioned case, it was further observed that:21. plainly, the jurisdiction conferred by article 136 ..... . the judicial power reaches out to every judgment, decree, determination, sentence or order affecting the rights and obligations of persons in civil matters, of life and liberty in criminal matters as well as matters touching the revenues of the state. it is an attempt to ensure that the foundations of the indian .....
Tag this Judgment!Court : Supreme Court of India
..... be created in one of two ways. it may be either established by statute or incorporated under a law such as the companies act, 1956 or the societies registration act, 1860. where a corporation 6 (1981) 1 scc7227 (2002) 5 scc11116 is wholly controlled by government not only in its policy-making but also in carrying out the functions ..... of service book (till 6th cpc) yes yes acp for higher pay scale yes yes promotions yes yes 9 member of ssd provident fund yes yes member of group insurance policy yes yes cghs facility (at new delhi) no yes medical facility at military hospital yes yes 14. learned counsel further contended that the responsibility to devise a ..... . in either case, it should have been entrusted with such functions as are governmental or closely associated therewith by being of public importance or being fundamental to the life of the people and hence governmental. such authority would be the state, for, one who enjoys the powers or privileges of the state must also be subjected to .....
Tag this Judgment!Court : Supreme Court of India
..... , as well as the convention on the rights of persons with disabilities and optional protocol 2006; and, the provisions of the life insurance corporation act, 1956.11. in view of the said observations, we are not inclined to take a different view of the matter and particularly having regard to the 9 ..... and rehabilitation of a dependant, being a person with disability; or (b) paid or deposited any amount under a scheme framed in this behalf by the life insurance corporation or any other insurer or the administrator or the specified company subject to the conditions specified in sub-section (2) and approved by the board in this behalf for the maintenance ..... in the interest of the disabled persons nor can this court give a retrospective operation to the amendment. this is particularly having regard to the fact that an insurance contract is in a sense, a commercial contract, having certain terms and conditions and the sub-stratum of the contract cannot be removed by giving a retrospective .....
Tag this Judgment!Court : Supreme Court of India
..... castes, in such manner as may be prescribed. explanation.- for the purposes of this act, services under the state includes the services under- (i) the government (ii) he legislature of the state (iii) any local authority (iv) any corporation or company owned or controlled by the government; or (v) any other authority in ..... the words of professor lipset: perhaps the most important fact to recognise about the current situation of the american negro is that (legal) equality is not enough to insure his movement into larger society. [ the american democracy , mcgrath, cornwell and goodman, p. 18].78. i agree that article 16(4) is capable of ..... palkiwala from his book we, the nation, the lost decades)21 the basic structure of the constitution envisages a cohesive, unified, casteless society. by breathing new life into casteism, the judgment fractures the nation and disregards the basic structure of the constitution. the decision would revitalise casteism, cleave the nation into two forward and .....
Tag this Judgment!Court : Supreme Court of India
..... charges are essential to enable the sbcs to fulfil their statutory functions. in order to fulfil these statutory functions, the sbcs inter alia run various welfare programs, insurance schemes, seminars and training programmes, which require adequate funding.13. mr raghenth basant, senior counsel appearing for the petitioners before the kerala high court assailed the levy ..... the latter links true equality to the realisation of dignity. the focus of such an approach is not simply by the concerned state bar council. out of life time payment, 80% of the amount will be retained by the state bar council in a fixed deposit and remaining 20% has to be transferred to the ..... ) repugnance to any other enactment; and 35 in re delhi laws act 1912, (1951) scc568[22]. 36 vasantlal maganbhai sanjanwala v. state of bombay, 1960 scc online sc27[4]. 37 harishankar bagla v. state of mp, (1954) 1 scc978[12]. 38 municipal corporation of delhi v. birla cotton, spinning and weaving mills, delhi, 1968 scc online sc13 .....
Tag this Judgment!Court : Supreme Court of India
..... the wages of an employee to whom the scheme applies or the total quantum of benefits in the nature of old age pension, gratuity, provident fund or life insurance to which the employee is entitled under the terms of his employment express or implied. the said section proceeds on the basis that if an employee is ..... roadways (who are not permanent) would be entitled for benefits under the employees provident fund scheme. 7.3. on 01.06.1972, the corporation was created under section 3 of the road transport corporation act, 1950.47.4. on 05.07.1972, a go was issued treating all the employees of the roadways on deputation with the ..... who before the constitution of state road transport corporation were in the services of state roadways, their services would be considered in the corporation on deputation. for this deputation no period is being fixed now. (2) the state road transport corporation has under section 45 of the transport corporation act have not made rules about the service conditions .....
Tag this Judgment!Court : Supreme Court of India
..... in the coal commission in return for compensation. these interests (including coal-mining leases) were vested subsequently in the national coal board, then in the british coal corporation, and finally, (following the privatization of coal industry) in the coal authority. that body has extensive powers to license coal-mining operations. ]. 306 s ..... government is required to raise revenues not only to meet the above- mentioned objectives, but also to fund public sector undertakings, such as mineral exploration corporation of india. additionally, mining activities cannot be carried out without the existence of public order or the lack of a functioning legal system to ensure adherence ..... respect of minerals extracted till 04.04.1991, on which the cess was collectable. it was observed that object of the validation act was only to confer the life to void statutes by fictional re-enactment and granting legislative competence for limited purpose so that the state would not be called upon .....
Tag this Judgment!Court : Supreme Court of India
..... (d) intangible assets including but not limited to intellectual property, securities (including shares held in a subsidiary of the corporate debtor) and financial instruments, civil appeal no.4565 of 2021 page 33 of 42 insurance policies, contractual rights; (e) assets subject to the determination of ownership by the court or authority; (f) ..... 81, paras 1-6) 1. the appellant had, after respondent 4's management was taken over by u.p. state textile corporation ltd. (respondent3) under the industries (development and regulation) act, advanced some money to the said respondent 4. in respect of the advance so made, respondents 1, 2 and 3 executed deeds ..... both or any of them. the creditor can proceed against the guarantor first without exhausting its remedies against the principal borrower. chapter viii of the contract act contains provisions regarding indemnity and guarantee. section 126 is relevant for our purposes, which reads thus: 126. contract of guarantee , surety , principal debtor .....
Tag this Judgment!Court : Supreme Court of India
..... companies, consisting of: (i) m/s sai prasad properties ltd. (hereinafter, sppl ); (ii) m/s sai prasad foods ltd. (hereinafter, spfl ); (iii) m/s sai prasad corporation ltd. (hereinafter, spcl ); and (iv) m/s shree sai space creations ltd. (hereinafter, ssscl ). (b) the security and exchange board of india (hereinafter, sebi ) received a ..... rajhara, district balod, state of chhattisgarh, against the petitioners under sections 3, 4, and 5 of the prize chits and money circulation scheme (banning) act, 1978 (hereinafter, prize chits act ). it appears that the petitioners were arrested in that case on 27.01.2016. (i) thereafter, a series of firs were registered in the ..... bank account statements indicating the refunds to investors, and replies from the investors acknowledging such refunds. in addition, proceedings under chapter vi-a of the sebi act, 1992 were also initiated, and an adjudicating officer was appointed to inquire into the violations. (g) it may not be necessary to refer to the .....
Tag this Judgment!Court : Supreme Court of India
..... recourse lies exclusively under the 1986 act. in addition, it is submitted that the 1986 act being a special law, prevails over the provisions of crpc1973 to buttress his contentions, reliance is placed on a decision rendered by a 3-judge bench in m/s. jain ink manufacturing company v. life insurance corporation of india and another (1980 ..... households.44. while the contributions of such a homemaker get judicial recognition upon her unfortunate death while computing compensation in cases under the motor vehicles act, 1988 vide kirti vs. oriental insurance co. ltd., (2021) 2 scc166 the services and sacrifices of homemakers for the economic well- being of the family, and the economy of ..... s enactment cannot be construed to intend unjust consequences according to this court. this is because under the provision of 1986 act if during iddat period, no provision is made for the entire life of the divorced wife or if the same is inadequate particularly with the passage of time then section 125 of the .....
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