Court : Supreme Court of India
..... shores of the sea," and through english common law, which held that the sovereign owns, "all of its navigable waterways and the lands laying beneath them 'as trustee of a public trust for the benefit of the people' " (189 california reporter 355, 1983) 387 thereafter, with the growth of judicial review and limitations ..... in the vicinity of jama masjid, red fort, qutab, humayun's tomb, old fort, tuglakabad and of such other places of historical importance as the central government may, by notification in the official gazette, specify; (e) conservation, preservation and beautification of monumental buildings, public parks and public gardens including location or installation of statues or fountains therein; (f) under passes, over-passes and ..... act 56 of 1963 also amended clause (g) to sub-section (2) of section 56 of the development act which relates to the power of the central government to make rules after consultation with the authority and which have to be notified in the ..... (2011) 7 scc639(paras 36 and37) 135 (2007) 4 scc737(para16) 136 (1994) 1 scc301(para14) 137 (2013) 6 scc620(paras 200, 201, 207 to212) 138 (1964) 4 scr575(para12) 139 (1996) 9 scc709(para68) 140 (2003) 4 scc289(para12) 141 (2012) 5 scc275(paras 20 to 22 and25) 87 & anr.142, basavaiah (dr.) v. dr. h.l ..... is no bar to its changing the policy formulated in 1964 if there are good and weighty reasons for doing ..... [ ..... charter for the conservation and restoration of monuments and sites, 1964.86. .....
Tag this Judgment!Court : Supreme Court of India
..... favouring the statutory committee with powers to manage or oversee even only the secular aspect of management of the institution will not only run counter to the objects and reasons for the amending act of 1987, it shall create an undesirable diarchy when the act does not divest the bordeories and dolois of their customary powers, roles and rights. ..... the statement of objects and reasons of the amending act discloses the following impelling factors therefor:- i) certain religious or charitable institutions of public nature whose lands had been acquired did neither take proper steps for finalization of compensation nor did they file ..... bordeories for the purpose of election of ex- officio secretary because, according to state, in the temple of sri sri maa kamakhya, which does not include the nanan devalayas, the four bordeori families occupy the status of trustees whose representatives are the dolois elected for the purpose of looking after the secular as well as religious affairs of the temple. ..... shanti bhushan placed reliance upon judgment in case of sant ram versus labh singh, 1964 (7) scr756in support of his submission that any law which includes customs, as per article 13 must be declared void to the extent it is inconsistent with fundamental rights in part iii of the ..... as a consequence the official respondents continued under an obligation not to use the main bharal and the existing office of kamakhya debutter board and not to interfere with the religious affairs of the .....
Tag this Judgment!Court : Supreme Court of India
..... brought into force, consequent upon the notification issued by the central government in the official gazette on 13.4.2015, the consideration of the njac bill and the passing of the njac act, prior to the coming into force of the constitution (99th amendment) act, would render it null and void, the learned attorney general invited our attention to article 118, which authorizes, each ..... india, transfer a judge from one high court to any other high court (2) when a judge has been or is so transferred, he shall, during the period he serves, after the commencement of the constitution (fifteenth amendment) act, 1963 , as a judge of the other high court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by parliament by law and, until so determined ..... mandatory consultation between the president and the chief justice of india postulated in the constitution is by-passed bringing about a huge alteration in the process of appointment of judges; the 99th constitution amendment act and the njac act have reduced the consultation process to a farce a meaningful participatory consultative process no longer exists; the shared responsibility between the president and the chief justice of india in ..... it was pointed out, that during the aforesaid period, when jawaharlal nehru (upto 27th may, 1964), gulzari lal nanda (upto 9th june, 1964), lal bahadur shastri (upto 11th january,1966), gulzari lal nanda (upto 24th january, 1966) and indira gandhi (upto ..... .....
Tag this Judgment!Court : Supreme Court of India
..... provide for amendments in the indian partnership act, 1932, the central excise act, 1944, customs act, 1962, income-tax act, 1961, the recovery of debts due to banks and financial institutions act, 1993, the finance act, 1994, the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, the sick industrial companies (special provisions) repeal act, 2003, the payment and settlement systems act, 2007, the limited liability partnership act, 2008 ..... . (6) where the terms of the financial debt extended as part of a consortium arrangement or syndicated facility or issued as securities provide for a single trustee or agent to act for all financial creditors, each financial creditor may (a) authorise the trustee or agent to act on his behalf in the committee of creditors to the extent of his voting share; (b) represent himself in the committee of creditors to the extent of his voting share; (c) appoint an insolvency professional (other than the ..... , award, submission, settlement, standing order or other provision whatsoever, the state government may, by notification in the official gazette, direct that (a) in relation to any relief undertaking and in respect of the period for which the relief undertaking continues as such under sub-section (2) of section 3 (i) all or any of the laws in the schedule to this act or any provisions thereof shall not apply (and such relief undertaking shall be exempt therefrom), or shall, ..... of maharashtra, (1964) 1 .....
Tag this Judgment!Court : Supreme Court of India
..... 69a was inserted by amending act 5 of 1964 and it came into ..... . taking a cue from the song s lyrics, it can be appropriately said that the legislature while introducing section 69a to the income tax, act, 1961 by the finance act, 1964, was concerned only with such precious and aspirational articles like bullion and jewellery which are capable of being repositories of hidden earnings but were not really concerned about common ..... . in this circular the then minister of finance, while defending the insertion of section 69a- stated that the 1964 amendment is enacted not to subject lower middle-class people to taxation by taxing gold or jewellery inherited from forefathers, but provision is mandated for big assessees who convert their black money and unaccounted ..... intents and purposes, and in his own right, earns income from house property, lawfully otherwise, and falls short of ownership only for want of a formal conveyance as 71 required under section 54 of transfer of property act, a carrier who clings on to possession not only without having a shadow of a right, but what is more, both contrary to the contract as also the law cannot be found to be the owner ..... implies the existence of two kinds of concurrent ownerships, that of the trustee at law and that of the beneficiary at equity ..... be seen that the option was given to the assessee to demand at its pleasure a conveyance duly registered being executed in its favour by the sahay family (the vendor) and to get its name mutated in the official records .....
Tag this Judgment!Court : Supreme Court of India
..... in hand, it has the following legislation in place: muslim marriage and divorce act 1951 act 6 of 1951 as amended by act 40 of 2006 section 17 (4) save as otherwise hereinafter expressly provided, every marriage contracted between muslims after the commencement of this act shall be registered, as hereinafter provided, immediately upon the conclusion of the nikah ..... and to the rules made thereunder, either party to a marriage, whether solemnized before or after the commencement of the special marriage (amendment) act, 1970 (29 of 1970), may present a petition for divorce to the district court on the ground (i) that there has been no resumption of cohabitation as between the parties to the marriage for a period ..... a policy of eliminating racial discrimination in all its forms and promoting understanding among all races, and, to this end (c) each state party shall take effective measures to review governmental, national and local policies, and to amend, rescind or nullify any laws and regulations which have the effect of creating or perpetuating racial discrimination wherever it exists; * * * 271 (d) each state party shall prohibit and bring to an end, by ..... was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the ..... outside. many suggestions were made, and among them by the trustees of the 251 bombay parsi panchayat who had the ..... .....
Tag this Judgment!Court : Supreme Court of India
..... is put in juxtaposition with exclusionary part in the definition of the expression state government which provides that as respects anything done or to be done after the commencement of the constitution (seventh amendment) act, 1956, it shall mean, in a state, the governor, and in a union territory, the central government, the difference conceptually speaking between the expression state government and the administration of ..... practice in situations where ministers have no knowledge of the actions taken by the subordinate officers of their respective departments: governing is a complex affair; hundreds of officials in dozens of departments make many decisions on a daily basis these officials are also part of the executive, and ministers are responsible for those that serve in their departments ordinarily, ministers busy themselves with policy issues; ..... the english constitution , called the house of commons as a real choosing body , which decides the path that the nation 35 ah birch, representative and responsible government, george allen & unwin ltd (1964), at page 131 36 ibid, at page 136 33 part e would follow.37 the consequence of such a systemic expectation in the british parliamentary system, bagehot declared, was that the public ..... commission23, the court discussed the role of the members of public service commissions and, treating them as constitutional trustees, observed that the credibility of the institution of public service commission is founded upon the faith of the .....
Tag this Judgment!Court : Supreme Court of India
..... (1b) notwithstanding anything contained in sub section (1a), an instrument of transfer of shares, executed before the commencement of section 13 of the companies (amendment) act, 1965 (31 of 1965) or executed after such commencement in a form other than the prescribed form, shall be accepted by a company, (a) in the case of ..... name of the said director or nominee or, as the case may be, in the case of any share in respect of which any such declaration has been made to the public trustee, the public trustee stamps or otherwise endorses, on the form of transfer in respect of such share under his seal, the date on which the form is presented to him, and (2) the instrument ..... : (i) the state bank of india, or (ii) any scheduled bank, or (iii) any banking company (other than a scheduled bank) or financial institution approved by the central government by notification in the official gazette (and any such approval may be accorded so as to be retrospective to any date not earlier than the 1st day of april, 1966), or (iv) the central government or a state government or ..... , owned or controlled by the central government or a state government, in any other body corporate in the name of a director or nominee, or (iii) in respect of which a declaration has been made to the public trustee under section 153b, if : (1) the company or corporation, as the case may be, stamps or otherwise endorses, on the form of transfer in respect of such share, the date on which it decides that such share shall ..... 1964 .....
Tag this Judgment!Court : Supreme Court of India
..... agreed upon, any state government in the formulation and implementation of schemes for highway development; (k) collect fees on behalf of the central government for services or benefits rendered under section 7 of the 108 national highways act, 1956 (48 of 1956), as amended from time to time, and such other fees on behalf of the state governments on such terms and conditions as may be specified by such state governments; and (l) take all such steps as may be necessary ..... life, flora and fauna as admittedly the proposed alignment passes through all these areas; (ix) whether public hearing is a pre requisite and should it precede any step that may be taken under the provisions of the act; 9 (x) whether public consultation which includes public hearing at site should have preceded the land acquisition proceedings or at what stage it is required to be done; (xi) if the notification as initially notified by the central government (chennai ..... it shall be the responsibility of the central government to develop and maintain in proper repair all national highways; but the central government may, by notification in the official gazette, direct that any 105 function in relation to the development or maintenance of any national highway shall, subject to such conditions, if any, as may be specified in the notification, also be exercisable by the government of the ..... board of trustees of the port of bombay, (1989) 3 scc293 state of tamil nadu & anr ..... 512 :1964. ..... : qd (1961 1965) vol v c1769 :1964. .....
Tag this Judgment!Court : Supreme Court of India
..... to oppression and mismanagement from 1951 to 1956 and from 1956 to 2013 and thereafter can be best understood, if the anatomy of the statutory provisions are dissected and presented in a table : 1913 act 1956 act 2013 act (after the amendment (with the amendment act 52 of 1951) made under act 53 of 1963) (1) company s affairs (1) company s affairs (1) company s affairs are being conducted in are being conducted in have been or are being a manner a manner conducted in a manner (a) ..... before nclt: (i) that the directors of tata sons are not carrying out their fiduciary responsibilities for and on behalf of the shareholders, but have become mere puppets controlled by rnt and the trustees of the two trusts; (ii) that the powers contained in the articles of association are being exercised in a malafide manner prejudicial to the interest of the petitioners and to public interest; (iii ..... some of them are deliberately and consistently violated and set aside by the action of a member and official of the company who wields an overwhelming voting power, and if the result of that is that, for the extrication of their rights as shareholders, they are deprived of the ordinary facilities which compliance with the companies acts would provide them with, then there does arise, in my opinion, a situation in which it ..... between the tata group and sp group, developed over several decades and this has to be viewed in the context of a specific statutory framework that existed from 1964 upto 2000. .....
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