Court : Supreme Court of India
..... college has opened a new or higher course of study or training, or increased the admission 31 capacity prior to the commencement of the indian medicine central council (amendment) act, 2003. it has provided that such person or medical college, as the case may be, shall seek, within a period of three years from the said commencement ..... has opened a new or higher course of study or training or increased the admission capacity on or 16 before the commencement of the indian medicine central council (amendment) act, 2003, such person or medical college, as the case may be, shall seek, within a period of three years from the said commencement, permission of the ..... the members specified therein. chapter iia of the said act deals with permission for new medical college, course, etc. . the earlier chapter iia of the said act came to be substituted by new chapter iia containing sections 13a to 13c by the indian medicine central council (amendment) act, 2003 (act no.58 of 2003). it will be relevant to .....
Tag this Judgment!Court : Supreme Court of India
..... , i.e., without any limitations. or, it may be a limited right. the above position is understandable, from a perusal of the unamended and amended section 15-z of the sebi act. under the unamended section 15-z, the appellate remedy to the high court, against an order passed by the securities appellate tribunal, was circumscribed by ..... such order.". it is, therefore apparent, that the right to appeal, is available in different packages, and that, the amendment to section 15-z, varied the scope of the second appeal provided under the sebi act.13. though the court observed that the appellate jurisdiction is curtailed to determining only a question of law, the question still ..... the words ...on any question of fact or law arising out of such order . the amended section 15-z, while altering the appellate forum from the .....
Tag this Judgment!Court : Supreme Court of India
..... bank guarantee which was drawn on 8.7.2019, albeit with a letter from the bank indicating that there is now an amendment with regard to the dates and the contract therein. it is patently clear that if the format for a bank guarantee is an essential condition of the contract, the format in which the ..... relaxation in the format to bank guarantee was rightly not provided to the respondent.19. the specific relief act, 1963 was amended by central act 18 of 2018 when clause (ha) was inserted in section 41 of the said act to say: (ha) if it would impede or delay the progress or completion of any infrastructure project ..... present changed scenario involving contract based infrastructure developments, public private partnerships and other public projects, involving huge investments; and changes required in the present scheme of the act so that specific performance is granted as a general rule and grant of compensation or damages for non-performance remains as an exception, the committee decided i. .....
Tag this Judgment!Court : Supreme Court of India
..... medication over its equally effective generic counterparts, thereby burdening patients with unnecessary costs, was apparent not only from the amended 2002 regulations, but also the prevention of corruption act, 1988 (hereinafter, pc act ). a government doctor receiving any illegal gratification amounting to malpractice or any other offence was liable to be ..... by professionals is against public policy as also against the law in so far as the amendment by the medical council act, 1956 to the indian medical council (professional conduct, etiquette and ethics) regulations, 2002, once receiving of such gifts have been held to be unethical obviously the corollary to ..... india (the 'council') which is a regulatory body constituted under the medical council act, 1956.2. the council in exercise of its statutory powers amended the indian medical council (professional conduct, etiquette and ethics) regulations, 2002 (the regulations) on 10-12-2009 imposing a prohibition on the medical practitioner and .....
Tag this Judgment!Court : Supreme Court of India
..... high court, while following an earlier judgment yeshodhara kadamba v. ksrat, ilr1988 kar2447held that the expression nature is distinct from the expression capacity that existed prior to its amendment and observed, firstly, on a plain understanding of the meaning of the section can mean, vehicle of a similar type, i.e., a passenger vehicle. it ..... held that the petitioners do not have a fundamental right to operate stage carriages even otherwise, the impugned amendments in the rules are in consonance with and in furtherance of the object and purpose of the act and are reasonable restrictions which can legitimately be imposed as provided by and permissible under article 19(6) ..... permit if it appears from any time-table furnished that the provisions of this act relating to the speed at which vehicles may be driven are likely to be contravened: provided that before such refusal an opportunity shall be given to the applicant to amend the time- table so as to conform to the said provisions. (3) .....
Tag this Judgment!Court : Supreme Court of India
..... effect. the ncdrc, in southfield paints and chemicals pvt. ltd. v. new india assurance co. ltd., 18 consumer case no.286 of 2000 (ncdrc) construed amending act 62 of 2002 by which the pecuniary limits of jurisdiction were enhanced with effect from 15 march 2003 as prospective by relying on its earlier decision in premier automobiles ltd. v. dr ..... entertained unless it was satisfied that such amount of tax or penalty or both as the appellant may admit to be due from him has been paid. the amending act contemplated that no appeal shall be entertained unless an appeal is accompanied by a satisfactory proof of the payment of the tax, with penalty, if any, in ..... from the sub-court to the high court and from the high court to the federal court under the federal court (enlargement of jurisdiction) act, 1947 read with clause 39 of the letters patent and sections 109 and 110 of the code of civil procedure provided the conditions thereof were satisfied. the question for our consideration is whether .....
Tag this Judgment!Court : Supreme Court of India
..... the 1954 act was then amended in 1984 (amending act no.69 of 1984) but none of the provisions of the said act were notified to come into force. hence, the amendments made by such act never became effective as part of the 1954 act.30. the 1954 act was later repealed by the wakf act, 199521 and thereafter amended by the wakf (amendment) act, 2013. since ..... the jurisdiction in the following matters- (1) where the impugned action is in breach of natural justice, (2) where the challenge is to an action which is patently erroneous and ex facie without jurisdiction, (3) or the vires of legislation is challenged, (4) or where the writ petition has been filed for enforcement of ..... some which would not be admissible in the writ petition. further, ghaus mohammad was a case wherein an order passed against the respondent under the foreigners act, 1946 60 (2002) 4 scc63896 was set aside by the high court. however, these judgments are not indicative of the fact that disputed questions of fact cannot be .....
Tag this Judgment!Court : Supreme Court of India
..... employee. this court decisively held that such a compromise was not legal: 17. the purpose of our referring to the same is that the parliament by the constitutional amendment required the state legislature to bring their state laws in conformity with part ix of the constitution, power has been conferred on the panchayats so that they are ..... impossible to sustain their selection. to begin with it was wrong of the high court to allow a compromise of this kind to be effected when it was patently obvious that three candidates had not attended the viva voce test at all and there was nothing before the high court for comparing the remaining thirteen candidates with ..... as well as apprenticeship candidates.9. candidates who were not selected approached the madras high court, in a batch of writ petitions.6 their main grievance was that tangedco acted contrary to law, and arbitrarily, by introducing a viva-voce test, which it had in the first instance, resolved not to follow. it was urged, in this .....
Tag this Judgment!Court : Supreme Court of India
..... settlement agreement. subsequently, an application was filed by the appellant under sections 152 and 153 read with section 151 of the cpc for correction/ rectification/ amendment of the judgment dated 03.07.2019. the appellant stated in the said application that the settlement agreement pertains only to trademark fx-991es plus / fx ..... argued that consent decrees create estoppel by judgment against the parties and cannot be interfered with unless the decree is vitiated by fraud, misrepresentation or a patent or obvious mistake. he submitted that respondent no.1 has adopted trademark fx for scientific and electronic calculators since the year 1985. respondent no.1 ..... in dismissing the application seeking modification of the decree. it was submitted on behalf of the respondents that the parties agreed that the advocates would act as mediators. several mediation sessions were held, and e- mails were exchange between the advocates appearing for the parties whereafter a settlement agreement was .....
Tag this Judgment!Court : Supreme Court of India
..... clarificatory in nature and/or expanding the scope of 8 exemption. it is submitted that in any case, subsequent notifications dated 14.11.2000 and 16.01.2002 amending the original entry no.255(2) cannot be said to be taking away any rights, which were conferred under the parent notification dated 05.03.1992. ..... learned senior advocate appearing on behalf of the appellant state of gujarat has vehemently submitted that the impugned common judgment and order passed by the high court is patently erroneous and unsustainable. 3.1 it is vehemently submitted by shri maninder singh, learned senior counsel appearing on behalf of the state that in the present case, ..... as an eligible unit, the respondent was entitled to exemption under entry 255 of the notification issued by the government of gujarat under section 49(2) of the act, 1969. 4.5 it is further submitted that the respondent, in accordance with the eligibility certificate and the exemption granted as aforesaid, availed exemption from payment .....
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