Court : Supreme Court of India
..... the fact that different forms of discrimination and even untouchability still persists in society, impelled parliament as late as 2015 to amend the scheduled castes and the scheduled tribes (prevention of atrocities) act 1989, by scheduled castes and the scheduled tribes (prevention of atrocities) amendment act ..... the law made by the state in exercise of this power under article 21-a of the constitution is for the 75 purpose of providing free and compulsory education to the children of the age of 6 to 14 years and so long as such law forces admission of children of poorer, weaker and backward sections of the society to a small percentage of the seats in private educational institutions to achieve the constitutional goals of equality of opportunity and social justice set out in the preamble of the ..... the majority opinion did not find the entire amendment unconstitutional but the court declared invalid paragraph 7 of the tenth schedule to the constitution, which excluded judicial review of any matter connected with the disqualification ..... india, (2015) 4 scc697 this court, while considering a challenge to the notification published in the gazette of india dated 04.03.2014 by which the jat community came to be included in the central list of backward classes for the states of bihar, gujarat, haryana, himachal pradesh, madhya pradesh, nct of ..... is clear from the language of article 145(3) of the constitution and order xxxviii rule 1(1) of the supreme court rules, 2013, the matters which involve .....
Tag this Judgment!Court : Supreme Court of India
..... the protection of civil rights act, 1955, scheduled castes and the scheduled tribes (prevention of atrocities) act, 1989, bonded labour system (abolition) act, 1976, immoral traffic (prevention) act, 1956, the prohibition of employment as manual scavengers and their rehabilitation act, 2013, and their respective amendments ..... the intellectual (and 194 the preamble of the united nations convention on the rights of the child recognizes the importance of the family in the following terms: convinced that the family, as the fundamental group of society and the natural environment for the growth and well-being of all its members and particularly children, should be afforded the necessary protection and assistance so that it can fully assume its responsibilities within the ..... the interpretative principle laid down in section 3 of the human rights act for a simple reason: the house of lords derived the power to depart from legislative intent and read words into a statute such that 149 part d it was compliant with the echr from the human rights act, a statute enacted by the parliament ..... central act or a state act or an authority or body owned or controlled or aided by the government or a local authority or a government company233 and includes a department of the government.234 an establishment also means any company or body corporate or association or body of individuals, firm, cooperative or other society, association, trust, agency, or 233 as defined in section 2 of the companies act, 2013 .....
Tag this Judgment!Court : Supreme Court of India
..... liquidation; (v) the ineligibility under section 29a and section 35(1)(f) was introduced by 29 a legislative amendment on 23 november 2017 , both at the pre and post liquidation stages; (vi) the purpose of the disqualification is to ensure a sustainable revival, which means that those responsible for the state of affairs of a company and other persons regarded by the legislature as undesirable should be excluded from the process; (vii) persons who are ineligible under section 29a or section 35(1)(f) cannot seek an entry: (a) at the cirp stage; or (b) under section 230 of the act of 2013; or (c) by purchasing the assets ..... the acceptance of a resolution plan, the company moves over to the control of the acquirer on a clean slate for a fixed consideration, consequent to the provisions of section 31; (iii) section 29a is a part of the resolution mechanism, the object and purpose of which is to prevent a back-door entry to the promoter who should not be allowed to have advantage of their own wrong; 17 part c (iv) though the appellant falls in the prohibited category under section 29a, the purpose of the prohibition is to prevent the promoter from submitting a resolution plan with reference to the provisions of sections 30 and 31 of the .....
Tag this Judgment!Court : Supreme Court of India
..... the representation of the people act, section 182(3) of the companies act, 2013, and section 13a(b) of the income tax act, 1961, as amended by the finance act, 2017, are unconstitutional, and are struck down; (iii) deletion of proviso to section 182(1) to the companies act of 2013, thereby permitting unlimited contributions to political parties is unconstitutional, and is struck down; (iv) sub-section (3) to section 31 of the rbi act, 1934 and the explanation thereto introduced by the finance act, 2017 are unconstitutional, and are struck down; (v) the eci will ascertain the details from the political parties and ..... the parliament and the judiciary in germany have the same goal, that is, to realise the values of the german constitution.89 canadian courts, some believe, in practice give wider discretion to the legislature when a restriction is backed by sufficient data and evidence.90 the constitutional court in south africa, as per some jurists, collectively applies the four prongs of proportionality instead of a structured application.91 while proportionality is the predominant doctrine in australia, an alternate calibrated scrutiny test is applied by a few judges.92 it is based on the premise that a 88 ..... the limited disclosure clause in the electoral bond scheme prevents investigating agencies such as the central bureau of investigation and ..... the schedule incorporates a provision for the disqualification of candidates on the ground of defection, which reflects the .....
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..... respondent pngrb, argued that at all times since 1974, by virtue of the combined effect of the petroleum act, 1934,(hereafter called the act of 1934 ), the petroleum and minerals pipelines (acquisition of right of user in land) act, 1962 (hereafter called the act of 1962 ), the petroleum rules, 1976 (hereafter called rules of 1976 ), and the petroleum rules, 2002 (hereafter called rules of 2002 ), enacted by parliament and framed under those laws (by the central government) pursuant to entry 53 list i, in 24 relation to laying ..... the rule, setting out disqualifications inter 38(2010) 4 scc603 39(1988) 4 scc59 40(2009) 15 scc570 63 alia, precluded an entity whose partners, promoters, directors or associates were involved in any legal proceedings, and in the opinion of the commission grant of licence in the circumstances, may adversely affect the interest of the electricity sector of the consumers ; or is not considered a fit and proper person for the grant of licence for any other reason to be recorded in writing from the ..... the amendment, as empowering an expert body, which is experienced and knowledgeable in the sector, to issue appropriate guidelines, and notifications.47in bharat sanchar nigam ltd v telecom regulatory authority of india48 this court, dealing with the powers and functions of the telecom regulatory authority of india (hereafter called trai ) observed as follows: the trai act speaks of many players like the licensors and users, who do not come within the ambit of the .....
Tag this Judgment!Court : Supreme Court of India
..... the said reasons, the learned law lord observed that it is imperative that the moral, social and legal issues raised by the case at hand should be considered by the parliament and only if the parliament fails to act, the ..... as an omission, yet discontinuation of life support is, for the present purposes, no different from not initiating life support in the first place as in such a case, the doctor is simply allowing his patient to die in the sense that he is desisting from taking a step which might, in certain circumstances, prevent his patient from dying as a result of his pre ..... the survival of the sanctity principle is founded upon the guarantees of dignity, autonomy and liberty; (ii) the right to a dignified existence, the liberty to make decisions and choices and the autonomy of the individual are central to the ..... disqualifications for witnesses are prescribed in the oregon death with dignity act, 2002 when a person makes a written request for medication for the ..... the form that the directive must take, by specifying who may act as witnesses, by allowing the possibility of amendment and by allowing the validity of the ..... the iccpr begins its preamble with the acknowledgment that the rights contained in the covenant derive from the inherent dignity of the ..... at 88 jessica stern, euthanasia and the terminally ill (2013), available at https://fsu.digital.flvc.org/islandora/object/fsu:209909/datastream/pdf/view 89 john breck, euthanasia and the quality of life debate , christian bioethics .....
Tag this Judgment!Court : Supreme Court of India
..... the commencement of the-indian income-tax (amendment) act, 1953 (xxv of 1953), and the income therefrom is applied to such purposes without the taxable territories; and (ii) where the property is held under trust or other legal obligation created after such commencement, and the income therefrom is applied without the taxable territories to charitable purposes which tend to promote international welfare in which india is interested, the central ..... the legislative intent of the enactment may be gathered from several sources which are, from the statute itself, from the preamble to the statute, from the statement of objects and reasons, from the legislative debates, reports of committees and commissions which preceded the legislation ..... the select committee of parliament (at that time), felt that to prevent misuse of the definition in such cases, the words not involving the carrying on of any activity for profit should be added to the ..... the director general of income tax for exemptions, commissioner of income tax ( cit ) in various states, and other officials of the income tax department (hereafter compendiously referred to as the revenue ) have appealed the decisions of various high courts, which have held that the carrying on of any trade, commerce, or business, is not a per se bar or disqualification for a gpu category charitable trust to claim to be such, precluding its tax-exempt status under the it act ..... the companies act, 1956 corresponding to section 8 of the companies act, 2013 .....
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..... anything inconsistent contained in any other act of parliament or state legislature, as the case may be, the central information commission or the state information commission, as the case may be, may, during the inquiry of any complaint under this act, examine any record to which this act applies which is under the control of the public authority, and no such ..... the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the central information commission or the state information commission: provided that the central information commission or the state information commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the ..... 15(6) of the act, which provide that the chief information commissioner or an information commissioner shall not be a member of parliament or member of the legislature of any state or union territory or hold any other office of profit or be connected with any political party or carry on any business or pursue any profession, do not disqualify such persons for consideration for appointment as chief information commissioner or information commissioner, but these disqualifications will come ..... accordingly, when the powers of the high court under companies act, 1956 were sought to be transferred to tribunals by the companies (amendment) act, 2002, a .....
Tag this Judgment!Court : Supreme Court of India
..... the term related party has also been defined by parliament in the companies act, 2013 ..... the amendment of 2018 introducing the words at the time of submission of the resolution plan is clarificatory, as this was always the correct interpretation as to the point of time at which the disqualification ..... the previous sanction, - (a) in the case of a person who is employed in connection with the affairs of the union and is not removable from his office save by or with the sanction of the central government, of that government; (b) in the case of a person who is employed in connection with the affairs of a state and is not removable from his office save by or with the sanction of the state government, of that government; (c) in the case of any other person, of the ..... firstly, by the words used in the statute itself; secondly, by the context in which a provision occurs, or, in other words, by reading the statute as a whole; thirdly, by the preamble which could supply the "key" to the meaning of the statute in cases of uncertainty or doubt; and, fourthly, where some further aid to 62 part i construction may still be needed to resolve an uncertainty, by the legislative history which discloses the wider context ..... the committee was of the view that the disability under the first proviso to section 21(2) is aimed at removing any conflict of interest within the coc, to prevent erstwhile promoters and other related parties of the corporate debtor from gaining control of the corporate debtor during the .....
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..... while dealing with the applications under section 11(6) of the arbitration and conciliation act, 1996 (for brevity, the act ), is justified to repel the submissions of the appellants that once the 44 person who was required to arbitrate upon the disputes arisen under the terms and conditions of the contract becomes ineligible by operation of law, he would not be eligible to nominate a person as an arbitrator, and second, a plea that pertains to statutory disqualification of the nominated arbitrator can be raised before the court in application preferred under section 11(6) of the act, for such ..... , (2005) 8 scc618 on the scope of judicial review by the court while deciding an application under sections 8 or 11 of the arbitration act, post the amendments by act 3 of 2016 (with retrospective effect from 23-10-2015) and even post the amendments vide act 33 of 2019 (with effect from 9-8-2019 ..... may not make such persons ineligible as the panel indicates that these are the persons who have worked in the railways under the central government or the central public works department or public sector undertakings ..... the preamble of the constitution says that ..... be too prescriptive, albeit observe that the court may for legitimate reasons, to prevent wastage of public and private resources, can exercise judicial discretion to conduct an intense yet summary prima facie review while remaining conscious that it is to assist the arbitration procedure and not usurp jurisdiction of the arbitral tribunal. .....
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