Court : Supreme Court of India
..... existing law to the effect that the royalty payable shall be permitted as a pass through in cost while fixation of tariff, is based on no evidence and the finding, that there was a change in law in 2003 and 2005 is based on without taking into consideration the relevant evidence, would come in the realm of perversity as explained by this court in paragraph 31 of the associate builders (supra). ..... 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 india, conflict with justice or morality, and the existence of patent illegality in ..... of the parties, it is clear that the parties intended that if there was any change in law to the detriment of the licensee, the licensee was entitled to relief 8 (2003) 8 scc5939 (1998) 9 scc40710 (2002) 6 scc1611 (2005) 10 scc5112 (2008) 1 scc12521 from the licensor by amendment of the contract. ..... that royalty payment/revenue sharing will not be factored into/taken into account as cost for fixation/revision of tariff by tamp; and that there was subsequent change in policy on 31st march, 2005 vide which part of royalty was permitted to be factored into the cost. ..... the second change in law was effected on 31st march 2005, by 16 which the royalty was permitted as a pass through, however, restricting the same to the maximum of the amount quoted by the .....
Tag this Judgment!Court : Supreme Court of India
..... favour an interpretation that would read into section 34 a power to modify, revise or vary the award would be to ignore the previous law contained in the 1940 act; as also to ignore the fact that the 1996 act was enacted based on the uncitral model law on international commercial arbitration, 1985 which, as has been pointed out in redfern and hunter on international arbitration, makes ..... to argue that even if the learned single judge in gayatri balaswamy had not laid down the law correctly so far as matters arising under the arbitration act are concerned, yet the impugned judgment correctly makes the distinction between consensual arbitration and an arbitrator appointed by the central government, who is none other than some ..... the award or pass additional award, that too, on limited grounds stated in section 33 it is also true that there are no parimateria provisions like sections 15 and 16 of the act of 1940 in the 1996 act but still the provisions of section 34 read together, sufficiently indicate vesting of vast powers in the court to set aside an award and even to adjourn a matter and such ..... given the fact that, in these petitions at least, the constitutional validity of the nh amendment act, 1997 has not been challenged, we must proceed on the basis that grave injustice would be done if we were to interfere on facts, set aside ..... nbcc, (2005) ilr2delhi 88 held that the power to set aside an award when exercised by the court would leave a vacuum if the said power was not understood .....
Tag this Judgment!Court : Supreme Court of India
..... itself not considered the degree in electrical engineering/ electrical & electronics engineering to be superior to the diploma and rather treated these to be two separate and distinct qualifications and that is why it vide notification dated 03.06.2020 has amended the recruitment and promotion rules for the post of junior engineer (electrical/junior engineer (it) class iii (non gazetted) in the following manner . arguments of the degree holders 2jyoti kk v kerala public service commission ( ..... .) notified by notification no.hpsec (sectt) r&e/106-10/2006- 93342-562 dated 13.12.2006 and further amended by notificaiton no.hpsec (sectt)r&e/106-10/2010-22792-991 dated 25.05.2010) which read as follows: minimum matriculation with diploma in electrical engineering/ electrical & electronics engineering from a recognized institution/ board university duly recognized by the ..... it is submitted that minimum was intentionally used without any bar under the rules concerning the 4occurring in the rules, (the hpseb amendments in column 2, 7 & 10 of the recruitment and promotion regulations to the post of junior engineer (elect ..... . on 24.05.2010 by clause 11 the recruitment and promotion regulations applicable to hpseb were amended; they provided for essential qualifications for promotion from the post of junior engineer (electrical) to the post of assistant engineer ( ..... . an amending act may be purely declaratory to clear a meaning of a provision of the principal act which was already .....
Tag this Judgment!Court : Supreme Court of India
..... of the learned counsel for the appellant, on the subject of forum, we will fictionally presume, that the amendment to section 15-z by the securities and exchange board of india (amendment) act, 2002 had no effect on the second appellate remedy made available to the parties, and further that, the above amendment merely alters the forum of the second appeal, from the high court (under the unamended provision), to the ..... from the law settled by this court in various cases the illustrative though not exhaustive principles which emerge with regard to the ambit and scope of an amending act and its retrospective operation may be culled out as follows: (i) a statute which affects substantive rights is presumed to be prospective in operation unless made retrospective, either expressly or by necessary intendment, ..... the provisions of the indian civil procedure code were extended to the union territories of goa, daman and diu and the corresponding provisions of the portuguese code were repealed while under the goa act 16 of 1965 the instant suit which was pending before the 26 maria cristina ; (1979) 1 scc9234 part c comarca court at margao was continued and decreed by corresponding court of the ..... this court has held that a right of appeal is not a mere matter of procedure but is a substantive right and that the institution 15 garikapati ; 1957 scr48813 part b of a suit carries with it the implication that all rights of appeal then in force are preserved. ..... g angur (2005- supreme court ..... (2005- .....
Tag this Judgment!Court : Karnataka
..... january 2015, the said act of 1957 was amended by incorporating section 10a. ..... pending for grant of lease or licence in the case of non-specified minor minerals before commencement of the karnataka minor mineral concession (amendment) rules, 2016 and for which no objection certificates (nocs) have been received in the department of mines and geology of the concerned district office, from the deputy conservator of forest for all lands, ..... lands, assistant commissioner (revenue) and deputy director or senior geologist (joint inspection report) in case of gomala lands in accordance with the circular no.rd72lgp98 dated 24-2-1999 before commencement of the karnataka minor mineral concession (amendment) rules, 2016 and shall be - 11 - considered and disposed by the state government subject to obtaining no objection certificate (noc) from the deputy commissioner of the concerned district before grant; (d-1) applications received and ..... , 2016 subject to fulfillment of the conditions specified for the same, if any and registration of leases or license deed within a period of (twenty-four months) from the date of commencement of the karnataka minor mineral concession (amendment) rules, 2016: provided that in case of grant of quarrying lease or license covered by clause (b), (c) and (d) of sub- rule (2), the lessee shall pay, in addition to the royalty, an amount which shall be equal to ..... 3(2005) 7 .....
Tag this Judgment!Court : Karnataka
..... january 2015, the said act of 1957 was amended by incorporating section 10a. ..... pending for grant of lease or licence in the case of non-specified minor minerals before commencement of the karnataka minor mineral concession (amendment) rules, 2016 and for which no objection certificates (nocs) have been received in the department of mines and geology of the concerned district office, from the deputy conservator of forest for all lands, ..... lands, assistant commissioner (revenue) and deputy director or senior geologist (joint inspection report) in case of gomala lands in accordance with the circular no.rd72lgp98 dated 24-2-1999 before commencement of the karnataka minor mineral concession (amendment) rules, 2016 and shall be - 11 - considered and disposed by the state government subject to obtaining no objection certificate (noc) from the deputy commissioner of the concerned district before grant; (d-1) applications received and ..... , 2016 subject to fulfillment of the conditions specified for the same, if any and registration of leases or license deed within a period of (twenty-four months) from the date of commencement of the karnataka minor mineral concession (amendment) rules, 2016: provided that in case of grant of quarrying lease or license covered by clause (b), (c) and (d) of sub- rule (2), the lessee shall pay, in addition to the royalty, an amount which shall be equal to ..... 3(2005) 7 .....
Tag this Judgment!Court : Karnataka
..... january 2015, the said act of 1957 was amended by incorporating section 10a. ..... pending for grant of lease or licence in the case of non-specified minor minerals before commencement of the karnataka minor mineral concession (amendment) rules, 2016 and for which no objection certificates (nocs) have been received in the department of mines and geology of the concerned district office, from the deputy conservator of forest for all lands, ..... lands, assistant commissioner (revenue) and deputy director or senior geologist (joint inspection report) in case of gomala lands in accordance with the circular no.rd72lgp98 dated 24-2-1999 before commencement of the karnataka minor mineral concession (amendment) rules, 2016 and shall be - 11 - considered and disposed by the state government subject to obtaining no objection certificate (noc) from the deputy commissioner of the concerned district before grant; (d-1) applications received and ..... , 2016 subject to fulfillment of the conditions specified for the same, if any and registration of leases or license deed within a period of (twenty-four months) from the date of commencement of the karnataka minor mineral concession (amendment) rules, 2016: provided that in case of grant of quarrying lease or license covered by clause (b), (c) and (d) of sub- rule (2), the lessee shall pay, in addition to the royalty, an amount which shall be equal to ..... 3(2005) 7 .....
Tag this Judgment!Court : Karnataka
..... january 2015, the said act of 1957 was amended by incorporating section 10a. ..... pending for grant of lease or licence in the case of non-specified minor minerals before commencement of the karnataka minor mineral concession (amendment) rules, 2016 and for which no objection certificates (nocs) have been received in the department of mines and geology of the concerned district office, from the deputy conservator of forest for all lands, ..... lands, assistant commissioner (revenue) and deputy director or senior geologist (joint inspection report) in case of gomala lands in accordance with the circular no.rd72lgp98 dated 24-2-1999 before commencement of the karnataka minor mineral concession (amendment) rules, 2016 and shall be - 11 - considered and disposed by the state government subject to obtaining no objection certificate (noc) from the deputy commissioner of the concerned district before grant; (d-1) applications received and ..... , 2016 subject to fulfillment of the conditions specified for the same, if any and registration of leases or license deed within a period of (twenty-four months) from the date of commencement of the karnataka minor mineral concession (amendment) rules, 2016: provided that in case of grant of quarrying lease or license covered by clause (b), (c) and (d) of sub- rule (2), the lessee shall pay, in addition to the royalty, an amount which shall be equal to ..... 3(2005) 7 .....
Tag this Judgment!Court : Karnataka
..... january 2015, the said act of 1957 was amended by incorporating section 10a. ..... pending for grant of lease or licence in the case of non-specified minor minerals before commencement of the karnataka minor mineral concession (amendment) rules, 2016 and for which no objection certificates (nocs) have been received in the department of mines and geology of the concerned district office, from the deputy conservator of forest for all lands, ..... lands, assistant commissioner (revenue) and deputy director or senior geologist (joint inspection report) in case of gomala lands in accordance with the circular no.rd72lgp98 dated 24-2-1999 before commencement of the karnataka minor mineral concession (amendment) rules, 2016 and shall be - 11 - considered and disposed by the state government subject to obtaining no objection certificate (noc) from the deputy commissioner of the concerned district before grant; (d-1) applications received and ..... , 2016 subject to fulfillment of the conditions specified for the same, if any and registration of leases or license deed within a period of (twenty-four months) from the date of commencement of the karnataka minor mineral concession (amendment) rules, 2016: provided that in case of grant of quarrying lease or license covered by clause (b), (c) and (d) of sub- rule (2), the lessee shall pay, in addition to the royalty, an amount which shall be equal to ..... 3(2005) 7 .....
Tag this Judgment!Court : Supreme Court of India
..... of the most legal instruments are the distaster management act, 2005 and the epidemic diseases act, 1897 amended in the year 2020 ..... . instituted and publicized by the central government under the disaster management act 2005, these lockdowns varied in scope and nature, depending on the situation on ..... a person who has served in any rank whether as combatant or non combatant in the regular army, navy and air force of the indian union and who either has been retired or relieved or discharged from such service whether at his own request or being relieved by the employer after earning his or ..... . on 25th march, 2020, the disaster management act 2005(dm act) was invoked in india for the first time since it was passed almost a month and a half ago, to tackle the covid 19 pandemic that was then in its initial stages ..... : the term ex servicemen will apply to the persons who are defined as ex servicemen in the ex servicemen (re employment in civil services and posts) rules, 1979, as amended from time to time. ..... disaster management authority(ndma) which was created by the ministry of home affairs(mha) in pursuance of the disaster management act 2005, issued a notification dated 24th march, 2020 under section 6(2)(i) of the dm act ..... working in essential services did not have the benefit of seeking leave or claiming exemption from duty/overtime duty looking to the nature of their services and in the light of invocation of the essential services maintenance act, 1968 and the disaster management act, 2005 .....
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