Court : Karnataka
..... worst conduct will -:82. :- be emulated . . . more readily than their best. warren e. burger address, american law institute, washington, d.c., reported in the national observer, may 24, 1971 76.3. a truly qualified advocate like every genuine professional resembles a seamless garment, in the sense that legal knowledge, forensic skills, professional ethics, ..... respect of those persons, who received votes beyond simple majority. thus, respondent nos.11 to 21 were designated as senior advocates. many other advocates who did not secure the simple -:32. :- majority in the secret ballot were not designated. thus, it is contended that the designations do not suffer from any illegality. that ..... at its meeting held on 14/12/2012 resolved to direct the registrar general to secure the rules and guidelines framed by the other high courts, regarding designation of senior advocates as per section 16(2) of the act and also, any procedure adopted by other high courts in that regard. a communication was .....
Tag this Judgment!Court : Himachal Pradesh
Reported in : I(2002)ACC650,2002ACJ650
..... compensation after determining the fault is done away. compensation amount is paid without pleading or proof of fault, on the principle of social justice as a social security measure because of ever increasing motor vehicles accidents in a fast moving society. further, the law before the insertion of section 163-a was giving limited ..... a large number of representations received, after finalisation of the report of the review committee, from the transport operators and public for making amendments in the act. the draft of the proposals based on the recommendation of the review committee and representations from the public were placed before the transport development council for seeking ..... of the deceased who was himself the driver, no claim by his legal representatives can be entertained under the act. that being so section 110-aa will not come into play at all.27. in hansihai v. national insurance co. ltd. 1986 acj 144 (rajasthan), in the context of claim of compensation, it was held .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Ahmedabad
Reported in : (2006)100ITD142(Ahd.)
..... .--where any part of the business of a company (other than a company whose gross total income consists mainly of income which is chargeable under the heads "interest on securities", "income from house property", "capital gains" and "income from other sources", or a company the principal business of which is the business of banking or the granting ..... v. deep chand [2002] 257 itr 756 : 123 taxman 685 in the context of section 2(14)(iii)(a) and in the case of cit v. national agricultural co-operative marketing federation of india ltd. , while dealing with rule 6aa inserted with effect from 1-8-1981 for the purposes of section 35b of the ..... held that it would be wholly unreasonable to import the observations and findings of such distinct and distinguished surroundings to an altogether independent and unrelated field viz., the income-tax act, 1961. in the second case, he observed that the supreme court was called upon to give a definition of the words "consumer", "goods" and to decide whether .....
Tag this Judgment!Court : Supreme Court of India
..... acknowledge at once that reasonable minds may differ as to the correct interpretation of a sub-section which has no parallel in the 1984 act or any other statute. nevertheless, there do seem to be secure footholds which may lead to a tolerably clear answer. it is not along the route adopted by the prosecution of asking whether the ..... one must look to the subject-matter and consider the importance of the provision disregarded and the relation of that provision to the general object intended to be secured. prohibitive or negative words can rarely be directory and are indicative of the intent that the provision is to be mandatory.where a prescription relates to performance of ..... of 2002 and 4218 of 2002 are as under:1. the government of goa, in purported exercise powers conferred upon them by section 23 of the indian electricity act, 1910 (`electricity act' for short) issued a notification on 30.09.1991, granting rebate of 25% in tariff in respect of the power supply to the low tension and high .....
Tag this Judgment!Court : Supreme Court of India
..... judiciary, the various alternatives discussed and debated and then to consider and analyze the solution given by the constitution (ninety-ninth amendment) act, 2014 and the national judicial appointments commission act, 2014. this is important for another reason some of the mistakes made before constituent assembly accepted the constitution of india, have been revived ..... between the judiciary, the executive and the legislature, federal character of the constitution, dignity of the individual secured by basic rights in accordance with parts iii and iv, unity and integrity of the nation.[718]. 15.2 it was held that the power of the parliament to amend the constitution was limited by ..... is the very soul of justice. it is the keenest spur to exertion, and surest of all guards against improbity. it keeps the judge himself while trying under trial (in the sense that) the security of securities is publicity. transparency is an aspect of rationality. the need for transparency is more in the case .....
Tag this Judgment!Court : Supreme Court of India
..... of the government was justified and that section 116, which guaranteed freedom of religion under the australian constitution, was not in any way infringed by the national security regulations (vide adelaide company v. commonwealth, 67 clr116 127). these were undoubtedly political activities though arising out of religious belief entertained by a particular ..... , seriousness as also gravity thereof may be taken into consideration. the courts must be on guard to see that merely on the application of presumption as contemplated under section 139 of the negotiable instruments act, the same may not lead to injustice or mistaken conviction. it is for the aforementioned ..... ors. etc. etc., (2004) 4 scc311at 354, this court struck down section 17(2) of the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, as follows: their management 64. the condition of pre-deposit in the present case is bad rendering the remedy illusory on the grounds that: ( .....
Tag this Judgment!Court : Delhi
..... in violation of this declaration and against any incitement to such discrimination. article 8: everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. article 10: everyone is entitled in full equality to a fair and ..... is akin to the provision of a strong national defence mechanism, which is provided for as a necessity, even though its benefits do not enure to individual citizens. the presence of a strong army, navy, air force guarding our borders from intrusions inculcates a deep sense of security and comfort. it encourages healthy economic activity ..... effected thereafter to the pecuniary jurisdiction of this court. it was the parliament which legislated on the matter thereafter and enacted the delhi high court amendment act (act 35 of 2003) effective from 16th july, 2003 increasing the original civil pecuniary jurisdiction of this court to suits the value of which exceeds rs.20 .....
Tag this Judgment!Court : Delhi
..... in violation of this declaration and against any incitement to such discrimination. article 8: everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. article 10: everyone is entitled in full equality to a fair and ..... is akin to the provision of a strong national defence mechanism, which is provided for as a necessity, even though its benefits do not enure to individual citizens. the presence of a strong army, navy, air force guarding our borders from intrusions inculcates a deep sense of security and comfort. it encourages healthy economic activity ..... effected thereafter to the pecuniary jurisdiction of this court. it was the parliament which legislated on the matter thereafter and enacted the delhi high court amendment act (act 35 of 2003) effective from 16th july, 2003 increasing the original civil pecuniary jurisdiction of this court to suits the value of which exceeds rs.20 .....
Tag this Judgment!Court : Supreme Court of India
..... day. there has been substantial acceptance of natural and human rights of the human beings which found expression in united nations human rights declaration, 1948 and subsequent declarations. the right of self determination of an individual has been recognised throughout the ..... directives must bear in mind is the danger of misuse. the regime of advance directives which is intended to secure patient autonomy must contain safeguards against the greed of avaricious relatives colluding with willing medical professionals. the safeguards must ..... . ct 2841, the united states supreme court stated that: no right is held more sacred, or is more carefully guarded than the right of every individual to the possession and control of his own person, free from all restraint or interference ..... section 309 of the indian penal code, 1860 (for short, ipc ) vide section 115 of the mental healthcare act, 2017 (act no.10 of 2017)} (ii) whether the right to die with dignity as a fundamental right falls within the .....
Tag this Judgment!Court : Supreme Court of India
..... no interference by a public authority except such as is in accordance with law and is necessary in a democratic society in the interests of national security, public safety or the economic well being of the country, for the protection of health or morals or for the protection of the rights ..... . parliament has provided legislative acknowledgment of this global consensus through the enactment of the mental healthcare act, 2017. section 3 of the act mandates that mental illness is to be determined in accordance with nationally or internationally 225 dinesh bhugra, globally renowned psychiatrist (article annexed in compilation provided by mr. ..... the constitution. accordingly, the constitutional courts, while viewing the constitution as a transformative document, have ardently fulfilled their obligation to act as the sentinel on qui vive for guarding the rights of all individuals irrespective of their sex, choice and sexual orientation.99. the purpose of transformative constitutionalism has .....
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