Court : Supreme Court of India
..... the state; (v) a free family pass for his return to his home from the place of posting at the time of retirement in case he does not accept railway fare; (vi) any other benefit that may be allowed by the corporation from time to time. 27. regulations 4 and 39 of the regulations, 1981 as extracted above ..... the officers/employees working under uttar pradesh roadways with state road transport corporation, in connection with merger of services under the corporation, i have been directed to issue the following, amending the government order no.3000/30-2-1 70/72 dated june 7, 1972: (1) according to the provision of para (1) (a) of the above government order ..... effect. however, no amendment was made in note 3 of article 350 which provides that non-gazetted post in government technical industrial institution is not qualified for pension. 4 act, 1950 5 regulations 5 7.6. on 19.06.1981, the corporation framed service regulations in exercise of power under section 45 (2) (c) of the act, 1950. 7.7. .....
Tag this Judgment!Court : Supreme Court of India
..... was envisaged. an explanation to the said section was added and was deemed always to have been incorporated by the tamil nadu panchayats (amendment and miscellaneous provisions) act, 1964 (amending act) which provided as under: explanation- in this section and in section 116, land revenue means public revenue due on land and ..... that a lessee has liberty and power to use the demised land to sink pits,250 use machinery equipment251 construct buildings, roadways, and railways,252 to beneficiate any ore produced from the lands and carry away such beneficiated ore,253 and clear undergrowth and brushwood and utilize any trees ..... use such pits, shafts, inclines, drifts, levels and other lines, waterways, airways, water courses, drains, reservoirs, engines, machinery, plant, buildings, canals, tramways, railways, roadways, and other works and conveniences as may be deemed necessary or convenient. provided that in the exercise of such liberty and power no substantial hindrance or interference shall .....
Tag this Judgment!Court : Supreme Court of India
..... be proved.17. the rigour of the rule of pleadings is evident from rule 7 of order vi, cpc, which mandates that no pleading shall, except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the previous pleadings of the party pleading the same .18. in the context of the aforesaid ..... was protected, presumably, taking into account the position of law in that regard. we will deal with the scope of such permitted participation as also the consequence of the act of defiance of annexure p-18 order depending on its degree of defiance and its impact. in doing so, we will have to keep reminded of the principle of ..... the complaint still remains unserved. issue fresh notice of the complaint along with all pending applications to the opposite party under section 38 (3) (a) of the consumer protection act, page 4 of 27 civil appeal no.8176 of 2022 2019 making it clear that if the opposite party wishes to contest the allegations in the complaint, it may file .....
Tag this Judgment!Court : Karnataka Dharwad
..... wp no.102751 of 2024 dedicated for the trial of suits pending before the existing designated special courts under section 20(b) of "the specific relief act, 1963 and (amendment) act, 2018" on priority basis. by order of the high court, (rajendra badamikar) registrar general4. the counsel for petitioner argued that the trial court' ..... 2020 high court of karnataka, bengaluru, dated:04. 11.2020 circular sub: disposal of cases filed under section 20(b) of "the specific relief act, 1963 and (amendment) act, 2018". the government of karnataka vide notification no.law84lce2018dated 25.10.2019 and corrigendum dated 03.12.2019 has designated the courts mentioned therein as special ..... of civil procedure (cpc). the petitioner contended that the trial court's decision is erroneous and in violation of the specific relief act, 1963, as amended by the specific relief (amendment) act, 2018.3. the crux of the petitioner s argument is based on the jurisdictional competence of the trial court to entertain the .....
Tag this Judgment!Court : Karnataka
..... with in the light of 4 (2014) 11 scc790| 2013 insc612- 21 - nc:2024. khc:27618 crl.p no.697 of 2018 section 145 of the ni act which was introduced by an amendment in the year 2002?.30. in the light of the discussion, we are of the view that the power-of-attorney holder may be allowed to file, ..... reliefs as are just.2. the petitioner united spirits limited (usl) claims to be a leading liquor manufacturer in india, originally incorporated as mcdowell spirits limited under the companies act, 1956, listed on the national stock exchange limited and the bombay stock exchange limited. the complainant had filed a complaint seeking prosecution of the accused and certain officials employed ..... appear and depose for the purpose of issue of process for the offence punishable under section 138 of the ni act. an exception to the above is when the .....
Tag this Judgment!Court : Supreme Court of India
..... in huge losses to the government exchequer and ultimately to the public. arvind kejriwal is not an accused in the said chargesheets. 4 while introducing the prevention of money laundering (amendment) bill, 2012 in the rajya sabha on 17.12.2012, the then finance minister, mr. p chidambaram, stated, firstly, we must remember that money-laundering is a very ..... the last decade is acceptance of the principle of proportionality, especially when fundamental rights such as right to life and liberty are involved. this court in chairman, all india railway recruitment board v. k. shyam kumar64 referred to a decision of the house of lords in r v. secretary of state,65 wherein the house of lords had ..... argument of the other side that the accused or arrested persons are not even informed of the case against them, is contrary to the plain language of the act, as the act itself mandates that the person arrested is to be informed of the ground of his arrest xx xx xx 16(lix). reliance is then placed on the .....
Tag this Judgment!Court : Supreme Court of India
..... tribunals) order, 1964 by a tribunal constituted under the said order; c) "specified territory" means the territories included in bangladesh immediately before the commencement of 19 the citizenship (amendment) act, 1985 (65 of 1985); (d) a person shall be deemed to be indian origin, if he, or either of his parents or any of his grandparents was born ..... in sub- section (2) submits in the prescribed manner and form and to the prescribed authority within sixty days from the date of commencement of the citizenship (amendment) act, 1985 (65 of 1985), a declaration that he does not wish to be a citizen of india, such person shall not be deemed to have become a ..... meaning of an expression used by the legislature in order to carry out the intention of the legislature. as pointed out by lord macmillan in london and north eastern railway co. v. berriman [1946 ac278 295]. where penalties for infringement are imposed it is not legitimate to stretch the language of a rule, however, beneficient its .....
Tag this Judgment!Court : Supreme Court of India
..... article 226. (emphasis supplied) position after 1976 civil appeals @ slp (c) no.29334-35 of 2016 page 38 of 5844. by the code of civil procedure (amendment) act, 1976, explanation to section 141 came to be inserted. it reads thus: explanation.-in this section, the expression proceedings includes proceedings under order ix, but does not include ..... which have not been specifically dealt with by the writ rules framed by the respective high court. position prior to 1976 40. before the code of civil procedure (amendment) act, 1976, section 141 of the code of civil procedure, 1908 read as under: miscellaneous proceedings.- the procedure provided in this code in regard to suits shall be ..... the property sold shall not, by itself, be a ground for setting aside a sale under this rule.34. legislative changes: by the code of civil procedure (amendment) act, 1976, the following changes have been effected in rule 90: (i) in sub-rule (1), the words or the purchaser and other were inserted after the words .....
Tag this Judgment!Court : Supreme Court of India
..... ii) i.e. if the award is against the public policy of india. as per the legal position clarified through decisions of this court prior to the amendments to the 1996 act in 2015, a violation of indian public policy, in turn, includes a violation of the fundamental policy of indian law, a violation of the interest of ..... contract. (emphasis added) civil appeal @ slp (c) no.16451 of 2023, etc. page 23 of 35 in the decision of this court in the case of konkan railway corporation limited v. chenab bridge project undertaking3, in paragraph 18, it was held thus: 18. at the outset, we may state that the jurisdiction of the court under section ..... connection with possible appointment as an arbitrator; (ix) to provide that application to challenge the award is to be disposed of by the court within one year.7. the amendments proposed in the bill will ensure that arbitration process becomes more user friendly, cost effective and lead to expeditious disposal of cases. (emphasis added) civil appeal @ slp ( .....
Tag this Judgment!Court : Karnataka
..... erroneous and incorrect understanding of the principle of interpretation which has been relied upon. the principle discussed in the celebrated treatise in question is as follows: 15. when an amending act alters the language of the principal statute, the alteration must be taken to have been made deliberately. [ed.: as observed in d.r. fraser & co. ltd ..... drt on 02.09.2024.-. 38 - nc:2024. khc:25805 wp no.21349 of 2022 (vi) liberty is reserved in favour of the petitioners to seek amendment of pleadings and impleadment of parties by filing necessary application, which shall be considered by the drt, which shall proceed further in accordance with law. (vii) liberty ..... remitted back to the drt for reconsideration - 6 - nc:2024. khc:25805 wp no.21349 of 2022 afresh, the petitioners would take necessary steps to seek amendment of the petition before the drt and seek appropriate reliefs including challenging the sale proceedings and the auction sale by impleading the auction purchaser also.8. i have .....
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