Court : Supreme Court of India
..... were that on 13.08.1986, the daughter of the appellant therein had died. subsequently, section 304-b of the ipc was introduced in the indian penal code through amending act no.43 of 1986, which came into effect on november 19, 1986. the accused (respondent in the appeal therein) raised a plea that he could not be charged ..... not apply to them. we are therefore of opinion that the constitution (fourth amendment) act cannot be applied crl. appeal no.377 of 2007 page 101 of 106 to the transfer act in this case by virtue of the doctrine of eclipse it follows therefore that the transfer act is unconstitutional because it did not comply with art. 31 (2), as it ..... in the case of mahendra lal jaini (supra), again a constitution bench dealing with validity of the u.p. land tenures (regulation of transfers) act, 1952 as also the amendment of 1956 in the forests act, 1957 had the occasion to analyse the difference between article 13(1) and 13(2). paragraph nos. 23 and 24 of the report contains the .....
Tag this Judgment!Court : Supreme Court of India
..... high court and the district judge were not justified in reducing the rate of interest by following the u.p. amendment act.13. in the present case, given that the arbitration commenced in 1997, i.e., after the act of 1996 came into force on 22.08.1996, the arbitrator, and the award passed by them, would be subject ..... force and continued even after coming into force of the 1996 act, and all parties thereto agreed for application of the old act of 1940. therefore, the provisions of arbitration act, 1940 including the state amendment, namely, 6 para 7-a inserted by section 24 of the u.p. amendment act will have no application to the proceedings commenced after coming ..... and offers little assistance in the present dispute.15. the limited and extremely circumscribed jurisdiction of the court under section 34 of the act, permits the court to interfere with an award, sans the grounds of patent illegality, i.e., that illegality must go to the root of the matter and cannot be of a trivial nature ; and .....
Tag this Judgment!Court : Supreme Court of India
..... refer to santosh hazari v. purushottam tiwari3 (three-judge bench) wherein this court observed as follows : 12. the phrase substantial question of law , as occurring in the amended section 100 is not defined in the code. the word substantial, as qualifying question of law , means of having substance, essential, real, of sound worth, important ..... hand involves a substantial question of law, and proceeding under this jurisdiction sans framing questions of such nature renders the proceedings to be 4 2022 scc online sc127310 patently illegal. [umerkhan v. bismillabi5 (two-judge bench) 10. recently, a bench of two learned judges in singaram v. ramanathan6 held as under : this is ..... of possession.21.7 when the land subject of proceedings wherein adverse possession has been claimed, belongs to the government, the court is duty-bound to act with greater seriousness, effectiveness, care and circumspection as it may lead to destruction of a right/title of the state to immovable property. in state of .....
Tag this Judgment!Court : Supreme Court of India
..... 504, 147, 148, 386, 420, 467, 468, 471, 120b ipc section 3(2)(5)a sc/st act and section 7 criminal law amendment act 9. 65 of 2018 403, 447, 506, mirzapur saharanpur 120b ipc10 165 of 2/3 gangster act mirzapur saharanpur 2018 11. 177 of 420, 504, 506, mirzapur saharanpur 2019 467, 468, 471 ipc12 178 of 406 ..... inherent powers under section 482 cr. p.c. quash criminal proceedings. however, interference would only be justified when complaint did not disclose any offence, or was patently frivolous, vexatious or oppressive. in the present case, the fir/crime no.122/2022 u/s 376, 323, 354(a) ipc & section 7, 8 of pocso ..... is involved in the various criminal activities. the main allegations against mohd. iqbal are as follows: amassed disproportionate assets; incorporated a number of sham companies under the companies act, 1956, many of which have dummy directors or fictitious shareholders; used golbal university in saharanpur (located in exceeding area more than 700 acres, where he is the founder .....
Tag this Judgment!Court : Supreme Court of India
..... vide order dated 17th november 2022 has also been challenged. all these petitions also challenge the validity of central vigilance commission (amendment) act, 2021, the delhi special police establishment (amendment) act, 2021 and the fundamental (amendment) rules, 2021.2. the facts, in brief, giving rise to the present writ petitions are as under. the reference ..... came to be filed before this court.12. on 18th december 2021, parliament enacted the central vigilance commission (amendment) act, 2021 and the delhi special police establishment (amendment) act, 2021.13. challenging the vires of the amendment acts and/or the office order dated 17th november 2021, writ petition (civil) nos. 14 of 2022, 274 ..... of mandamus and prohibition as prayed for in the said writ petition. the lic preferred a letters patent appeal ( lpa for short). however, during the pendency of the lpa, on 29th may, 1976, the act impugned before this court was enacted. the effect of the enactment was to annul the benefits .....
Tag this Judgment!Court : Supreme Court of India
..... under section 19 could not be used to enlarge the scope of recovery and payment of tax from some person other than a dealer under the act. section 10, inserted by the amendment act of 1956, provided that the outstanding amount on the date of default was made a charge on the property of the person liable to pay tax ..... is' basis ..140. in srigdhaa beverages (supra), this court was considering an auction sale under the securitisation and reconstruction of financial assets and enforcement of security interest act 2002.67 the court analysed clauses 24 and 26 of the auction notice, which stipulated an as is where is sale with respect to all statutory dues and absolved the ..... in-title of respondent. however, jmipl filed a petition under article 226, which was allowed by a single judge of the high court. the appellant filed a letters patent appeal, which was dismissed by the division bench of the high court by a judgment dated 04 april 2014 on the ground of limitation. the ombudsman, in its order .....
Tag this Judgment!Court : Supreme Court of India
..... - 37. insofar as domestic awards made in india are concerned, an additional ground is now available under sub-section (2-a), added by the amendment act, 2015, to section 34. here, there must be patent illegality appearing on the face of the award, which refers to such illegality as goes to the root of the matter but which does not amount ..... for if an arbitrator gives no reasons for an award and contravenes section 31(3) of the 1996 act, that would certainly amount to a patent illegality on the face of the award.40. the change made in section 28(3) by the amendment act really follows what is stated in paras 42.3 to 45 in associate builders [associate builders v. ..... -matter of the award or if the award is in conflict with public policy of india, the award is liable to be set aside. explanation (1), amended by the 2015 amendment act, clarified the expression public policy of india and its connotations for the purposes of reviewing arbitral awards. it has been made clear that an award would be .....
Tag this Judgment!Court : Supreme Court of India
..... rouge, nail cutters, sanitary towels and napkins, astringent lotions, pre-shave and aftershave lotions and creams, moisturisers of all sorts and personal (body) deodorant. by amendment to the tngst act, in 1994, the following explanation was added, below item i (iii), part f, of the first schedule: explanation- any of the items listed above even ..... or 30.04 comprising of two or more constituents for therapeutic or prophylactic uses or unmixed products suitable for such uses. the court also noticed that patent or proprietary medicaments were drug or medicinal preparations in any form to prevent, or treat ailments which bears a name on the container a name note ..... in union of india (uoi) & ors v leukoplast private limited & ors20 where the assessee s contention that a surgical pad medicated with nitrofurozone was not a patent or 19 2013 (14) scr3820 1994 (1) scr34316 proprietary medicine, was rejected. the court noted that the addition of a small quantity of nitrofurozone after rendering the .....
Tag this Judgment!Court : Supreme Court of India
..... tribunal has erred in holding that the product in question would fall under chapter 30 and not under chapter 33 of the first schedule to the central excise tariff act, 1985 as amended in the year 2012. 8.1. learned asg has stressed upon the necessity for re-look into the classification of the product in question with the submissions ..... change in the tariff headings requiring a relook into the classification of the impugned product. particularly, chapter 30 came to be reworded so as to remove the distinction between patent/proprietary and generic medicaments and classify them according to whether they are put up in unit containers for retail sale or not. secondly, the mention about the drugs and ..... 14,266 2,72,14,266 04. it appears that the assessees have contravened the provisions of rule 4, 6, 8, 10 and 11 of the central excise rules, 2002 in as much as they have wrongly classified 'aswini homeo arnica hair oil' and short the duty of rs. 2,72,14,266/- which appears to be recoverable from .....
Tag this Judgment!Court : Supreme Court of India
..... , j.1. feeling aggrieved and dissatisfied with the impugned judgment and order passed by the division bench of the high court of gujarat at ahmedabad in letters patent appeal no.726 of 2006 by which the division bench of the high court has dismissed the said appeal preferred by the appellant jamnagar municipal corporation and has ..... corporation. in view of the dismissal of appeal preferred by the corporation, learned counsel appearing on behalf of the respondent did not press the letters patent appeal no.752 of 2006. 2.9 feeling aggrieved and dissatisfied with the impugned judgment and order passed by the division bench of the high court dismissing letters ..... of work in which it is found that the officer has committed irregularity or had acted in a negligent manner. it was further submitted that eventually, the general body of the corporation vide its resolution no.56 dated 15.12.1998 as amended by subsequent resolution dated 30.12.1998, had ratified the action taken by the commissioner .....
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