Court : Delhi
..... by another man. none of these alternative methods are available in the case in hand. 172. the defendant no.1 submits that he is a law graduate and has extensive personal experience in the state assemblies as well as in legislative fields. he submits that he is not willing to give his blood sample for dna ..... purpose. 31. reference can be usefully made to also the statutory position and the jurisprudence from other jurisdictions where statutory provisions are in place and law on this issue has extensively developed. 32. the taking of blood sample for the purposes of criminal investigation has long been a sanctioned procedure in other jurisdictions. the taking of ..... court in my special leave petition (civil) no. 5756/2011, however, notices were issued on aforesaid slp which is still pending. 3. being a law graduate and extensive personal experience in vidhana sabha, u.p., lok sabha, rajya sabha, vidhan parishad, u.p. and vidhan sabha, uttarakhand in legislative fields; i understand the .....
Tag this Judgment!Court : Delhi
..... arose whether the institute was carrying on "economic activity" for the purposes of value added tax act, 1994, the definition of which is rather extensive and wide. however, the expression business was examined with reference to the statutory mandate imposed on the institute and whether the statutory activities can be ..... well recognized in european union and england (see riverside housing association limited versus revenue and customs commissioner, (2006) ewhc 2383 (ch) and the case law cited therein). it may also be also appropriate here to refer the decision of the house of lords in town investments limited and others versus department ..... reference to several other general terms like "trade", "commerce", "manufacture" and "adventure or concern in the nature of trade, commerce and manufacture". 20. in black laws dictionary, sixth edition, the word business has been defined as under: "employment, occupation, profession or commercial activity engaged in for gain or livelihood. activity or .....
Tag this Judgment!Court : Supreme Court of India
..... not be continued in service beyond the age of 58 years. the full court, on assessment and evaluation of service record, resolved that the benefit of extension in age up to 60 years should not be extended to him. the appellant relied upon his promotional order superseding several senior officers. however, he had ..... to integrity regarding which no opportunity of making representation was provided or pending representation was not considered and, therefore, orders of compulsory retirement were bad in law cannot be accepted. therefore, the said contention is hereby rejected. 100.another point which was canvassed for consideration of the court was that rule 31a ..... court acted in total disregard of article 235 by asking the government to enquire through the director of vigilance. having laid down, abovementioned proposition of law, this court deprecated the abdication of control by the high court by observing that the high court denied itself the dignified control over the subordinate judiciary .....
Tag this Judgment!Court : Delhi
..... years till the said act came into force. even after appellant no.2 purchased it, she did not carry out the construction. she even moved an application for extension of time for construction which was granted and the property was not re-entered because of this reason. the writ petition was dismissed, but the appellants were permitted to ..... p. gaikwad v. savjibhai haribhai patel; (2001) 5 scc 101 to emphasize that the state legislature had only surrendered the right to legislate in respect of the laws relating to the imposition of ceiling on the holding of urban immoveable property by passing a resolution under article 252 (1) of the constitution of india and all matters ..... of notice, failing which, it is presumed that the competent authority has no intention to purchase the land on behalf of the state government and that it is lawful for the applicant to transfer the land as he likes. section 27 prohibits transfer of urban or urbanisable land with building or a portion of such building for .....
Tag this Judgment!Court : Supreme Court of India
..... with the said cooperative principles which mandate ensuring democratic member control and autonomy and independence in the manner of functioning of the cooperatives. these two, namely, extensive state control and ensuring operation of cooperative principles cannot be done at the same time. therefore, the impugned act 2006 which by a fiction in sub- ..... place an assent on voluntarily self-financing autonomous bodies for removal from state control; to accept the cooperative societies to regulate their functioning by framing bye-laws subject to the provisions of the act and to change the form or extent to their liability, to transfer their assets and liabilities to provide ..... ltd. & anr. v. union of india & ors., (2003) 5 scc 23, this court held that the legislative power to amend the enacted law with retrospective effect, is also subject to several judicially recognized limitations, inter- alia, the retrospectivity must be reasonable and not excessive or harsh otherwise it runs the .....
Tag this Judgment!Court : Delhi
..... for. the court has not been rendered impotent by the act even where it desires to grant relief since the circumstances call or it. this would be a logical extension of the ratio established in the sundaram finance ltd. v. nepc india ltd., (1999) 2 scc 479, and especially in conformity with the opinion expressed in para ..... award to pass appropriate orders of injunction/attachment in respect of the subject matter of the arbitration agreement/award as permitted under the c.p.c. 33. the law should not be interpreted so as to render it ineffective or otiose. the submission of the respondents that merely because the arbitral award is under challenge, the right ..... that on account of the said deed of cross-guarantee, respondent no. 2 company, a wholly owned entity of rda, prepares consolidated financial statements in terms of the australian law. it is submitted that as on 31.12.2010, rda and its controlled entities had total assets of australian dollars (aud) $ 2,538,931,197 which included current .....
Tag this Judgment!Court : Kerala
..... 7 to 11), thus: 7 . the range of judicial review recognized in the superior judiciary of india is perhaps the widest and the most extensive known to the world of law. the power extends to examining the validity of even an amendment to the constitution, for now it has been repeatedly held that no constitutional amendment can ..... to serve as premises, or by experience-guided choice between competing legal propositions, rather than by the operation of logic upon existing legal propositions, that the growth of law tends to be determined. (julius stone: legal systems and lawyers reasoning, pp.58-59). 11. legal compulsions cannot be limited by existing legal propositions, because there ..... mature into rule of stare decisis. it is the rule deductible from the application of law to the facts and circumstances of the case which constitutes its ratio decidendi. 24. a constitution bench in b. shama rao v. union territory of pondicherry (air 1967 sc 1480) held in para 5 that a decision is binding not .....
Tag this Judgment!Court : Supreme Court of India
..... injury or resultant trauma, the need for immediate relief, the precarious financial condition of the family, the expenditure for any treatment and rehabilitation, for the purpose of extension of monetary relief. the availability of sufficient funds, the need to allocate the fund for other purposes may also play a relevant role. the authority at his ..... depend upon and vary with reference to the matter under review. as observed by lord steyn in ex parte daly [2001 (3) all er 433], in law, context is everything, and intensity of review will depend on the subject-matter of review. for example, judicial review is permissible in regard to administrative action, ..... and wanting, as they are bound down by rules, regulations and procedures. special circumstances may warrant emergent financial assistance. it is also possible that the existing laws may not provide for grant of relief in some circumstances to needy victims. it is in such circumstances, the chief minister's relief fund is necessary and .....
Tag this Judgment!Court : Guwahati
..... and in public interest, as held in villianur (supra) is rebuttable. the factual matrix of villianur (2010 air scw 4123) (supra) centered around the development of pondicherry port which the government was trying to develop since 1973 and it is in that context the supreme court had observed that the state is not always bound to advertise ..... inviting tender was published in the notice board and that the petitioner could not complete the work within the stipulated period of 24 months requiring the department to seek extension of the period. the decision to award the work order in favour of respondent no.4 is justified on the strength of support extended by m/s. ..... . the tenders having been found to be not qualified, the only course open to the state respondents was to issue a fresh notice inviting tender in accordance with law by giving wide publicity. the sanction order dated 16-3-2011 had, in fact, in no uncertain terms stipulated that the state government should follow all codal formalities .....
Tag this Judgment!Court : Supreme Court of India
..... on the state government. in support of his contention, reliance was placed on the judgments of this court in re: the delhi laws act, 1912, the ajmer-merwara (extension of laws) act, 1947 and the part c states (laws) act, 1950 (1951) 2 scr 747, rajnarain singh v. the chairman, patna admnistration committee, patna& another, air ..... 31 from the constitution of india and introduced article 300a, and its impact on the rights of persons, who are deprived of their properties. we have extensively dealt with the scope of articles 19(1)(f) and article 31 as interpreted in the various decisions of this court so as to examine the scope ..... held that the constitution guarantees a right to compensation - an equivalent in money of the property compulsorily acquired which is the basic guarantee and, therefore, the law must provide compensation, and for determining compensation relevant principles must be specified; if the principles are not relevant the ultimate value determined is not compensation. 101. .....
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