Court : Supreme Court of India
..... 2023 page 7 of 84 the indian partnership act, 1932, the indian contract act, 1872, the sale of goods act, 1930, the limitation act, 1963, the arbitration and conciliation act, 1996, the motor vehicles act, 1988, the commercial courts act, 2015 the family courts act, 1984, the environment (protection) act, 1986, the wild life (protection) act, 1972, the indian penal code, 1860 ..... gen. rajendra singh kadyan & anr. reported in (2000) 6 scc698 state of u.p. v. jalal uddin & ors. reported in (2005) 1 scc169and haryana state electronics development corporation ltd. & ors. v. seema sharma & ors. reported in (2009) 7 scc311 89. this court in palure bhaskar rao & ors. v. p. ramaseshaiah & ors. reported ..... senior is not otherwise eligible to be considered according to the applicable service rules.90. this court in its decision in k. samantaray v. national insurance co. ltd. reported in (2004) 9 scc286reaffirmed that when it comes to promotion, apart from the two guiding principles that have come to be .....
Tag this Judgment!Court : Supreme Court of India
..... the dealer, in the event of the said chief regional manager finding that the contamination has been due to any act or default of the dealer or of his servants or agents, the corporation shall have the right, without being bound to do so, to remove the contaminated product and to destroy or otherwise ..... vitiate the entire process. (x) in furtherance of the above submissions, the learned senior counsel for the respondent further relies on harbanslal sahnia v. indian oil corporation ltd.7; hindustan petroleum corporation & ors. v. super highway services & anr.8; allied motors ltd. v. bharat petroleum corporation9; and nazir ahmad v. the king emperor10, and certain ..... maintainable. the maintainability is not an issue before us. therefore, this judgment is not applicable to the present case.16. that apart, the observations in national insurance company ltd. v. pranay sethi,14 tell us that in deference to judicial discipline and decorum, the judgments/orders passed by a coordinate bench are to be .....
Tag this Judgment!Court : Supreme Court of India
..... treasury, and not just with the reference court. the three-judge bench then held that pune municipal corporation (supra) was per incuriam as it failed to consider the statutory rules made under section 55 of the 1894 act and as it also did not take notice of appropriate precedents for interpreting the term paid . sree ..... two-judge bench of this court in indore development authority v. shailendra6 doubted the correctness of pune municipal corporation (supra) and referred the question of law regarding the manner of payment under section 24(2) of the 2013 act for reconsideration. 3.9. both these issues were considered by a three-judge bench of this court in ..... notification for acquisition under section 4 of the said land acquisition act, shall be entitled to compensation in accordance with the provisions of this act [emphasis supplied]. 3.4. one of the first cases interpreting section 24(2) of the 2013 act was pune municipal corporation v. harak chand mistrimal solanki,2 in which a three-judge .....
Tag this Judgment!Court : Supreme Court of India
..... 2013 act what the expression compensation has not been paid occurring in section 24(2) meant. the verb paid in the same sub-section was ..... and more particularly as to how the conjunction or in sub-section (2) of section 24 of the 2013 act has to be read as well as the proviso thereto, the very basis for shailendra [3-judge]. (supra) to declare pune municipal corporation (supra) per incuriam stands removed. since the reasoning for shailendra [3-judge]. (supra) to declare pune ..... january, 2014. soon thereafter, the interpretation of section 24(2) of the 2013 act fell for consideration before this court. a three-judge bench (cor. hon ble r.m. lodha, hon ble madan b. lokur and hon ble kurian joseph, jj.) in pune municipal corporation v. harakchand misirimal solanki2 explained, in the light of section 31 of the .....
Tag this Judgment!Court : Supreme Court of India
..... of the high court where acquisition has been declared to have lapsed under section 24 (2) of the 2013 act. while doing so, the high court has followed the decision of this court in pune municipal corporation (supra) case or such other decisions, all of which have since been overruled by the constitution bench in ..... to avail the liberty of initiating acquisition proceedings afresh under section 24(2) of the 2013 act. this marked the culmination of the first round of litigation. c) however, on 06th march, 2020, the decision in pune municipal corporation (supra) was overturned by a constitution bench of five hon ble judges in indore development authority ..... others5 and similar line of decisions. it was held in pune municipal corporation (supra) that if any one of the two ingredients of section 24(2) of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 ( 2013 act , hereafter) was attracted, i.e., either the physical possession of the .....
Tag this Judgment!Court : Supreme Court of India
..... . in support of their submissions, they relied on the judgment of this court in nagpur improvement trust v. vithal rao7.14. scheme of the act: the kolkata municipal corporation act, 1980 extends to 636 sections, followed by 9 schedules. it has ix parts, of which we are concerned only with part vi of which ..... to accept the property tax for more than a decade without altering the entries made in the assessment register. this court, therefore, finds that the corporation acted blatantly in violation of the statutory provision in acquiring the property as such acquisition should have been facilitated by approaching the state under section 537(1) ..... 5 the property in exercise of power under section 352 of the kolkata municipal corporation act, 19803. answering the second question, the learned single judge held that the appellant-corporation purported to acquire the property under section 352(a) of the act when there is no power of compulsory acquisition therein. the learned single judge .....
Tag this Judgment!Court : Supreme Court of India
..... seeks inter alia to promote and protect the rights of consumers such as 2. (a) the right to be protected against marketing of goods which are hazardous to life and property; (b) the right to be informed about the quality, quantity, potency, purity, standard and price of goods to protect the consumer against unfair trade practices ..... vs. assistant engineer, haryana agro industries corporation ltd. and anr.1 a three judge bench vide paragraph 7 described the objects and reasons for the enactment of the consumer protection act as under: 7. from the statement of objects and reasons of the act, it appears that the purpose of the act is to protect the interest of the ..... 1)(o) of the cp act 1986 and in section 2(42) of the cp act 2019 is the same which reads as under: - service means service of any description which is made available to potential users and includes, but not limited to, the provision of facilities in connection with banking, financing, insurance, transport, processing, supply of .....
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..... the policy-holder in the matter of his life insurance protection.29. in the circumstances, the impugned order is set aside and the order ..... , is without rhyme or reason and cannot be sustained.28. before the year 1956, life insurance business was in the hands of private companies which were operating mostly in urban areas. the avowed objects and reasons of the life insurance corporation act, 1956 would reveal that the main object and reason is to ensure absolute security to ..... redressal commission, new delhi (for short the ncdrc ). as per the impugned order, the ncdrc allowed revision petition no.3384 of 2006 filed by the life insurance corporation of india, the respondent herein and reversed the concurrent orders of the forums below passed in favour of the appellants herein and dismissed c.a. no. .....
Tag this Judgment!Court : Supreme Court of India
..... medical treatment referred to above, the exemption so provided shall not apply to so much of the loan as has been reimbursed to the employee under any medical insurance scheme." 11 8. section 17(1), provides a broad and inclusive definition of salary . it states that salary, inter alia, includes wages as well as ..... delay.30. in devidas gopal krishnan v. state of punjab26, this court distinguished its earlier decision in corporation of calcutta v. liberty cinema27 where the majority upheld the fixation of tax on cinema shows, albeit the calcutta municipal act, 1951 had failed to prescribe a limit to which tax could go. the majority in liberty cinema ( ..... - sum paid by the employer for an obligation. clause (v) sum payable by the employer through a fund (barring specified exceptions) to effect an assurance on the life of the assessee or to effect a contract for annuity. clause (vi) specified security or sweat equity shares allotted/transferred by employer at concessional rate/free of cost. .....
Tag this Judgment!Court : Supreme Court of India
..... stamp duty under the rajasthan stamp law 1 (adaptation) act, 19521 and the rules made thereunder. while dismissing the appeal, we have however set ..... for consideration is whether the state of rajasthan has the power and jurisdiction to levy and collect stamp duty on policies of insurance issued within the state. for the reasons to follow, we have rejected the contention of the life insurance corporation, the appellant herein, regarding the lack of legislative competence of the state and have also affirmed the power to levy and collect .....
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