Court : Supreme Court of India
..... by clause (ba) of sub-section (2) of section 29, which was inserted by the regional rural banks (amendment act), 1988, the central government was empowered to make rules relating to the manner in which the officers and other employees of the rrbs ..... change in the criteria could only be made by making the necessary amendment in the rules and not by issuing guidelines/circulars by the sponsor ..... in exercise of the powers conferred on the central government by section 29 read with section 17 of the rrb act, 1976 after consultation with the nabard and the sponsor banks specified in the first schedule of the rules.8. ..... thereafter on 29th july, 1998, in exercise of the powers conferred by section 29 read with section 17 of rrb act, 1976, in supersession of the rrb rules, 1988, the central government, after consultation with the national bank and sponsor bank specified in the second schedule, promulgated the regional rural banks ..... to ensure uniformity amongst all the rrbs, section 29 read with section 17 of the rrb act, 1976 empowers the central government to lay down the terms and conditions of service of employees ..... he further submitted that by virtue of section 29 and section 17 of the rrb act, 1976, the powers to determine the service conditions including promotions of the employees of the rrbs are vested ..... this is the ratio of law laid down in the case of sant ..... part (a) covering banking law and practice of banking and part (b) covering credit policy credit management including priority .....
Tag this Judgment!Court : Supreme Court of India
..... which the petitioners not only challenged the constitutional validity of rule 4 (vii)(a) & (b) of the bihar municipality secondary and higher secondary teachers (appointment and service condition) rules, 2006 as amended in 2008 but also prayed for a direction against the respondents for consideration of their cases for appointment against the post of librarian on the basis of their degree qualification from algappa university, ..... submitted that a notification was issued even by the distance education council informing all concerned that distance education council constituted under the indira gandhi national university act, 1985 determines standards for distance education in the country and prescribes guidelines that are mandatory for all institutions and that institutions ought to obtain approval of ..... the petition aforementioned and asserted that academic qualifications awarded through distance education from any university established under the act of the parliament or institutions are deemed to be universities under section 3 of the university grants commission act, 1956 or institutions of national importance declared to be so under an act of the parliament shall stand automatically recognised for the purposes of employment to posts and services under ..... there can indeed be no quarrel with the abstract proposition of law that any recognition granted after the conclusion of the selection process cannot possibly help the candidates concerned who ought to satisfy the conditions of .....
Tag this Judgment!Court : Supreme Court of India
..... any time the chancellor is of the opinion that in any matter the affairs of the university are not managed in furtherance of the objects of the university or in accordance with the provisions of this act and the statutes and regulation or that special measures are desirable to maintain the standards of university teaching, examinations, research, extension education, administration or finances, the chancellor may indicate to the executive council ..... (krishi vidyapeeths) act, 1983 was enacted to consolidate and amend the law relating to the agricultural ..... directions were accordingly issued to the vice chancellor to initiate action to cancel the appointments of the candidates concerned after following the procedure prescribed by law and to fix the responsibility of those who had committed lapses in the matter of selection of the candidates and take disciplinary action against them including the ..... necessary steps for constituting the selection board in terms of section 58 of the act as amended by maharashtra act no.xxxii of 2013 and advertise the vacancies currently available, together with the posts that are presently held by the appellants for recruitment in accordance with the procedure that may be prescribed in accordance with law. ..... the shri dnyaneshwar ashru bharati, registrar of the respondent-university stating that in terms of maharashtra act no.xxxii of 2013 the maharashtra state legislature has amended maharashtra agricultural universities (krishi vidyapeeths) act, 1983. .....
Tag this Judgment!Court : Supreme Court of India
..... these two provisions in indian penal code and indian evidence act have been inserted by the dowry prohibition (amendment) act, 1986 with a view to combating the increasing menace of dowry death. ..... the said section reads as under:- 304-b- where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called". ..... if such cruelty or harassment was inflicted by the husband or his relative for, or in connection with, any demand for dowry immediately preceding death by burns and bodily injury or in abnormal circumstances within seven years of marriage, such husband or relative is deemed to have caused her death and is liable to be punished under section 304-b, ipc. ..... this was brought to the notice of suresh and rakesh, who acted as mediators at the time of settlement of marriage proposal and requested the accused persons not to harass the deceased but they did not heed to it. ..... learned counsel contended that pw-2 rakesh kumar, who was one of the mediators in the said marriage, wrongly stated that the alleged demand for dowry by the accused persons were made approximately four years before the date of occurrence. .....
Tag this Judgment!Court : Supreme Court of India
..... (6) the holder of a mining lease granted before the date of commencement of the mines and minerals (development and regulation) amendment act, 2015, shall, in addition to the royalty, pay to the district mineral foundation of the district in which the mining operations are carried on, an amount not exceeding the royalty paid in terms of the second schedule in such manner ..... district in which the mining operation are carried on, an amount at the rate of: (a) ten per cent of the royalty paid in term of the second schedule to the mines and minerals (development and regulation) act, 1957 (67 of 1957) (herein referred to as the said act) in respect of mining lease or, as the case may be, prospecting licence- cum-mining lease granted on or after 12thjanuary, 2015; and (b) thirty per cent of the royalty paid in term of the second schedule to ..... 27th march, 2015 the ordinance was replaced by the mines and minerals (development and regulation) amendment act, 2015 with effect from 12th january, 2015. ..... are obviously relatable to the present set of cases and are not intended to lay down the law for all cases of retrospective operation of statutes or subordinate legislation. ..... of madhya pradesh13 one of the questions raised was that since the madhya pradesh building and other construction workers welfare board came to be constituted only on 9th april, 2003 the recovery of cess under the building and other construction workers welfare cess act, 1996 with effect from 1st april, 2003 did not arise. .....
Tag this Judgment!Court : Supreme Court of India
..... article 243-g of the constitution was introduced by the 73rd amendment act and this endows the panchayats with such powers and authority as may be necessary to enable them to function as institutions of state government.9 ..... district programme coordinator shall consolidate the plans prepared by the blocks and project proposals received from implementing agencies for inclusion in the shelf of projects to be approved by the panchayat at the district level section 13(2)(a) of the act: the functions of the panchayats at the district level shall be- (a) to finalise and approve block-wise shelf of projects to be taken up under a programme under the scheme it is after the above exercise is complete that the role of ..... step 2 gram panchayat to forward the works identified by the gram sabha to the programme officer for scrutiny + preliminary approval step 3 programme officer at the block level consolidates plans received by allgram section 16(1) of the act: the gram panchayat shall be responsible for identification of the projects in the gram sabha area to be taken under a scheme as per the recommendations of the gram sabha and the ward sabha and for executing and ..... this is not only in the interest of the workers who have expended unskilled manual labour but also in furtherance of the rule of law which must be followed in letter and spirit.46. ..... the law requires and indeed mandates payment of wages not later than a fortnight after the date on which the work was done by the worker or labourer .....
Tag this Judgment!Court : Supreme Court of India
..... the following persons with "benchmark disabilities", namely:- (i).one percent for the persons in the following category of disabilities under the category of `locomotor disability' (as defined in the schedule appended to the rights of persons with disabilities act, 2016):- (a) locomotor disability of one arm, one leg and both legs; (b) leprosy cured person; (c) dwarfism; (d) acid attack victims; 25 (ii) one percent for the persons with 'low vision' under the category of 'visual impairment ..... high court, thus, was well aware that the notification dated 26.08.2014 issued by the public service commission was initiated on the basis of the government order dated 04.08.2014 and the amendment of the rules as proposed had nothing to do with the advertisement issued by the public service commission. ..... learned counsel for the appellant submits that high court has relied on 28 proposed amendments to rules, 2007, which was undertaken by the state government with the high court on its administrative side in pursuance of a division bench judgment of madras high court in writ petition no.27089 of 2008. ..... he submits that the high court in its judgment has wrongly relied on the proposed amendment of the tamil 6 nadu state judicial service (cadre and recruitment) rules, 2007 which having not yet materialised was wholly irrelevant. .....
Tag this Judgment!Court : Supreme Court of India
..... learned counsel further submits that as indicated in clause 64(7) of the gcc, all statutory modifications thereof will be binding to the arbitration proceedings and after promulgation of 10 the arbitration and conciliation (amendment) act, 2015, clause 64(7) stood amended to fulfil the mandate of amendment act, 2015 and it was clarified that all statutory modifications thereof shall apply to the appointment of arbitrator and arbitration proceedings and the respondents being signatory to the agreement have accepted the enforceability of aforesaid clause ..... the question that arises for consideration in the batch of appeals by special leave is as to whether (1) the high court was justified in invoking amended provision which has been introduced by arbitration and conciliation(amendment act), 2015 with effect from 23rd october, 2015(hereinafter being referred to as amendment act, 2015 ); (2) whether the arbitration agreement stands discharged on acceptance of the amount and signing no claim/discharge certificate and (3) whether it was permissible for the high court under section ..... since the batch of appeals involve common questions of law and facts with the consent of parties, are disposed off by the present judgment. 3 3. ..... each of the respondents within four weeks thereafter and the arbitrator may decide the claim after affording opportunity of hearing to the parties expeditiously without being influenced/inhibited by the observations made independently in accordance with law. 49 46 .....
Tag this Judgment!Court : Supreme Court of India
..... learned counsel further submits that as indicated in clause 64(7) of the gcc, all statutory modifications thereof will be binding to the arbitration proceedings and after promulgation of 10 the arbitration and conciliation (amendment) act, 2015, clause 64(7) stood amended to fulfil the mandate of amendment act, 2015 and it was clarified that all statutory modifications thereof shall apply to the appointment of arbitrator and arbitration proceedings and the respondents being signatory to the agreement have accepted the enforceability of aforesaid clause ..... the question that arises for consideration in the batch of appeals by special leave is as to whether (1) the high court was justified in invoking amended provision which has been introduced by arbitration and conciliation(amendment act), 2015 with effect from 23rd october, 2015(hereinafter being referred to as amendment act, 2015 ); (2) whether the arbitration agreement stands discharged on acceptance of the amount and signing no claim/discharge certificate and (3) whether it was permissible for the high court under section ..... since the batch of appeals involve common questions of law and facts with the consent of parties, are disposed off by the present judgment. 3 3. ..... each of the respondents within four weeks thereafter and the arbitrator may decide the claim after affording opportunity of hearing to the parties expeditiously without being influenced/inhibited by the observations made independently in accordance with law. 49 46 .....
Tag this Judgment!Court : Supreme Court of India
..... learned counsel further submits that as indicated in clause 64(7) of the gcc, all statutory modifications thereof will be binding to the arbitration proceedings and after promulgation of 10 the arbitration and conciliation (amendment) act, 2015, clause 64(7) stood amended to fulfil the mandate of amendment act, 2015 and it was clarified that all statutory modifications thereof shall apply to the appointment of arbitrator and arbitration proceedings and the respondents being signatory to the agreement have accepted the enforceability of aforesaid clause ..... the question that arises for consideration in the batch of appeals by special leave is as to whether (1) the high court was justified in invoking amended provision which has been introduced by arbitration and conciliation(amendment act), 2015 with effect from 23rd october, 2015(hereinafter being referred to as amendment act, 2015 ); (2) whether the arbitration agreement stands discharged on acceptance of the amount and signing no claim/discharge certificate and (3) whether it was permissible for the high court under section ..... since the batch of appeals involve common questions of law and facts with the consent of parties, are disposed off by the present judgment. 3 3. ..... each of the respondents within four weeks thereafter and the arbitrator may decide the claim after affording opportunity of hearing to the parties expeditiously without being influenced/inhibited by the observations made independently in accordance with law. 49 46 .....
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