Court : Supreme Court of India
Reported in : [2010]153CompCas497(SC); JT2009(3)SC216; 2009(3)SCALE451; (2009)4SCC94; (2009)12VatReporter137; (2009)21VST505(SC); JT2009(1)SC216
..... (9), the legislature has ensured that priority given to the claim of workers of a company in liquidation under section 529a of the companies act, 1956 vis a vis secured creditors like banks is duly respected. this is the reason why first of the five unnumbered provisos to section 13(9) lays down that ..... mote and ors. v. anand chintaman datar and ors. (supra) and argued that the view expressed in the subsequent judgments in state bank of bikaner & jaipur v. national iron & steel rolling corporation and ors. (supra) and r.m. arunachalam v. commissioner of income tax, madras : [1997]227itr222(sc) requires reconsideration because the same ..... . central and state governments encouraged banks and other financial institutions to liberalize the grant of loans and other credit facilities to the industrial entrepreneurs. with the nationalization of banks, this policy got a boost and the country witnessed rapid industrialization. the issue of repayment/recovery of loans etc. given by banks and financial .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC724; 2003(2)ALLMR(SC)389; 2003(51)BLJR324; [2003(1)JCR105(SC)]; JT2002(9)SC200
..... therefore, necessary for the government to keep in viewthe international obligations while exercising discretionary powers under theconservation act unless there are compelling reasons to depart therefrom. 45. the united nations conference on human environment held instockholm during june 1972 brought into focus several alarming situationsand highlighted the immediate ..... respectively which according to him were inviolation of the provisions contained in the wildlife (protection) act, 1972(in short the 'act'). by order dated 14.2.2000, operation of any orderpermitting removal of certain trees from national parks, games sanctuariesand forests was injuncted. subsequently, the word 'forests' was deleted. ..... this court's order of 12thdecember, 1996.' 5. it was noted that kudermukh national park in which mining activitieswere being carried out was declared to be a national park in terms ofsection 35(1) of the act. the matter was referred to the central empoweredcommittee (in short 'the committee') .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC331; 2000(1)ALLMR(SC)356; [2000]99CompCas347(SC); 2000(1)CTC107; [2000(84)FLR183]; JT1999(10)SC70; (2000)ILLJ552SC; (2000)IIMLJ11(SC); 2000(2)MPHT89; 2000MPLJ328(S
..... time to time or be invested subject to the directions as the central government may from time to time give in securities mentioned or referred to in clauses (a) to (d) of section 20 of the indian trust act, 1882. all expenses incurred in respect of and loss, if any, arising from, any investment shall be charged ..... scheme are rendered free of charge and, therefore, the scheme is not a 'service' under the act. both the state as well as national commission have dealt with this aspect in detail and rightly came to the conclusion that the act was applicable in the case of the scheme on the ground that its member was a ' consumer' ..... chandigarh (hereinafter referred to as 'the state commission') under section 15 of the act. the appeal was dismissed by the state commission on 1.3.1994. the revision filed before the national consumer disputes redressal commission, new delhi (hereinafter referred to as 'the national commission') was dismissed vide the order impugned in this appeal.3. taking us through .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1988SC1037; (1987)3CompLJ69(SC); JT1987(3)SC630; 1987(2)SCALE611; (1987)4SCC463; [1988]1SCR279; 1988(1)LC75(SC)
..... class of environmental problems, because they are regional or global in extent or because they affect the common international realm, will require extensive cooperation among nations and action by international organizations in the common interest. the conference calls upon the governments and peoples to exert common efforts for the preservation and ..... for the prevention and control of water pollution, for conferring on and assigning to such boards powers and functions relating thereto and for matters connected therewith. the act was passed pursuant to resolutions passed by all the houses of legislatures of the states of assam, bihar, gujarat, haryana, himachal pradesh, jammu and kashmir ..... principally comprise of coarse screens, two numbers of settling tanks and sludge drying beds. the settling tank, each of about 1-2 days capacity acts as an equalisation-cum-setting tank as well. as an alternative, clarifier can be provided in place of settling tank for treating higher capacity effluents .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC941; [1977(34)FLR269]; (1977)ILLJ463SC; (1977)2SCC329; [1977]3SCR91
..... be adopted as guides- somewhat reluctantly to secure some reasonable degree of uniformity of harmony in the process.16. several decisions which were referred to at the bar have been touched upon in the above case ..... to sit in appeal over the awards of industrial tribunals which are, it is said, founded on the somewhat hazy background of maintenance of industrial peace, which secures the prosperity of the industry and the improvement of the conditions of workmen employed in the industry, and in the absence of principles, precedents may have to ..... period of eligibility. 25. our industrial realities do not provide for easy mobility of labour. what is more, the sense of national consciousness in this field is reflected in the payment of gratuity act which fixes a period of 5 years as the qualifying period for earning gratuity. 26. decisions have been brought to our, notice .....
Tag this Judgment!Court : Rajasthan
Reported in : 1994CriLJ2750; 1994(1)WLC487; 1994(1)WLN215
..... delinquent juveniles and for the adjudication of certain matters relating to, and disposition of, delinquent juveniles'. the act is a beneficial and socially oriented legislation and reflects the anxiety and the reformative will of the nation towards the neglected and delinquent children. the lofty ideas and the purpose and circumstances leading to the enactment have ..... force, no delinquent juvenile shall be sentenced to death or imprisonment, or committed to prison in default of payment of fine or in default of furnishing security;provided that where a juvenile who has attained the age of fourteen years has committed an offence and the juvenile court is satisfied that the offence committed ..... provides that no delinquent juvenile shall be sentenced to death or imprisonment or committed to prison in default of payment of fine or in default of furnishing security. a delinquent child, who is found guilty on any inquiry, even cannot be sent to jail. he cannot be kept in jail or police station .....
Tag this Judgment!Court : Supreme Court of India
..... consumer from exploitation by unscrupulous manufacturers and traders of consumer goods. a three-tier fora comprising the district forum, the state commission and the national commission came to be envisaged under the act for redressal of grievances of consumers... 79. the agent has been defined both in the consumer protection rules, 1987 and under the maharashtra ..... to ensure that the agents do not indulge in any malpractice or commit misconduct. the relevant part provides as under:- (6) a consumer forum has to guard itself from touts and busybodies in the garb of power of attorney holders or authorised agents in the proceedings before it. (7) while a consumer forum may ..... services and the benevolent piece of legislation intended to protect a large body of consumers from exploitation would be defeated. prior to the act, consumers were required to approach the civil court for securing justice for the wrong done to them and it is a known fact that decision in a suit takes years. 12. ... .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996IIIAD(SC)641; JT1996(4)SC263; 1996(3)SCALE579; (1996)5SCC281; [1996]Supp1SCR507
..... green and barbed fencing has been allowed so that private owners are in a position to stop encroachment of their properties. further more, in the interest of security also, a private owner would like to have some kind of boundary so that his property is safe. the implication, therefore, clearly is that it is ..... 1991 and 1994, as also of the management plans, the central government should consider setting up under section 3 of the act. state coastal management authorities in each state or zone and also a national coastal management authority.4) the states which have not filed the management plans with the central government are directed to file ..... record emendations of the vohra committee with slight modifications. according to it, there has been no blanket relaxation in any area as alleged and adequate environmental safe guards have been provided in the 1994 notfificatioin.34. in this background, we now deal with each of these six amendments separately:(i) according to the main notification .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC3297; JT1997(6)SC449; 1997(4)SCALE746; (1997)8SCC191; [1997]Supp2SCR305
..... high court. 31. the above bird's eye survey discloses the enormity of the yawning gap between making of the acts and their acts proper enforcement. the magnitude of the problem is of national importance, which needs to be tackled and solved by parliamentary law and effective enforcement. 23 32. as we have ..... tribal and aboriginal populations, was clearly visualized by the simon commission. until then the aim had primarily been to give the primitive inhabitants of these areas security of land tenure, freedom in the pursuit of their traditional means of livelihood, and a reasonable exercise of their ancestral customs, not selfdetermination or rapid ..... in this direction practically nothing had been achieved. the commission observed. the responsibility of parliament for the backward tracts will not be discharged merely by securing to them protection from exploitation and by preventing those outbreaks which have from time to time occurred within their borders. the principal duty of the .....
Tag this Judgment!Court : Gujarat
Reported in : 2001CriLJ2209; (2001)1GLR306
..... ground no. 1, the detenus were not afforded a fair and reasonable opportunity of making an effective representation before state government under section 10 of the national security act inasmuch as they had not been supplied with relevant documents in support of grounds except the f.i.r. and copies of extract of charge-sheet submitted ..... were mentioned in the f.i.r. charge-sheet was filed and it was under consideration. the district magistrate, lucknow passed an order of detention under national security act, 1980. in the order of detention, district magistrate had stated that after considering the fact that since two detenus/petitioners had filed applications for bail which ..... constitution and the limitations placed upon it by clause (6) of that art.; held that since sub-sec.(1) and (2) of section 8 of the national security act substantially reproduce the provisions of clause (5) and (6) of article 22 of the constitution, what has been laid down in the context of the said constitutional .....
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