Court : Supreme Court of India
Reported in : AIR2004SC4179; 2004(4)AWC3088(SC); JT2004(7)SC232; (2004)IIILLJ740SC; RLW2004(4)SC556; 2004(7)SCALE442; (2004)8SCC387; 2005(1)SLJ112(SC); (2004)3UPLBEC2632
..... r. adyanthaya (supra) observed:'however, the decisions in the later cases, viz., s. k. verma : (1983)iillj429sc , delton cable : (1984)illj546sc , and ciba geigy : (1985)iillj401sc cases did not notice the earlier decisions in may & baker : (1961)iillj94sc wimco : (1963)iillj459sc , and burmah shell : (1970)iillj590sc cases and the very same contention, ..... offer of appointment by a letter dated 14.7.1988. contending that he has been retrenched in contravention of section 25f of the industrial disputes act, the appellant herein raised an industrial dispute whereupon the central government by a notification dated 23rd august 1991 referred the following dispute for adjudication of ..... defined meaning to the expression 'management' occurring in section 64 of the act it would mean the state government is required to apply to itself for grant of permission to set up a government medical college through the university. similarly it would also mean the state government applying to itself for grant .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1995(7)SC629; 1995Supp(1)SCC171
..... directed to make a reference to the board of industrial and financial reconstruction (for short bifr) constituted under the sick industrial companies (special provisions) act, 1985 for framing a scheme as contemplated under section 18 of the said act for revival of the industry. the bifr submitted a report wherein it was indicated that three of the units of the industry, namely, cement .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(94)ECC191; 2004(5)SCALE662; (2004)5SCC236
..... pasayat, j.1. the respondents faced trial for alleged commission of offences punishable under sections 18 and 21 of the narcotic drugs and psychotropic substances act, 1985 (in short the 'act') for alleged illegal possession of heroin. the trial court found the respondents guilty and sentenced each to undergo rigorous imprisonment for 10 years and to ..... section 50 as raised during trial and before the high court in addition to the concession, plea regarding non-applicability of sections 42 and 50 of the act is also without any substance. the residual question is regarding custody of the contraband articles and corrections in seizure memo. the evidence on record clearly shows ..... confirmed that the contents of the jari packets were heroin. the accused persons were prosecuted for having committed an offence punishable under section 21 of the act for unlawful possession of heroin.4. the accused sitaram took the plea that because he was an inspector of police and had taken objection to the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC4403; 2005(3)BLJR2229; [2005(107)FLR819]; JT2005(9)SC166; 2005(8)SCALE424; (2005)8SCC325; 2006(1)SLJ503(SC)
..... , he was not entitled to any pension. the decision was communicated by the assistant director, bihar circle, patna. an application under section 19 of the administrative tribunal act, 1985 was filed before the patna bench of the central administrative tribunal (in short the 'tribunal'). the tribunal by its order dated 14.3.2001 held that the forfeiture ..... of words as meaningless has to be avoided. as observed in crawford v. spooner (1846 (6) moore pc 1), courts, cannot aid the legislatures' defective phrasing of an act, we cannot add or mend, and by construction make up deficiencies which are left there. (see the state of gujarat and ors. v. dilipbhai nathjibhai patel and anr. ..... : [1998]2scr56 ). it is contrary to all rules of construction to read words into an act unless it is absolutely necessary to do so. (see stock v. frank jones (tiptan) ltd. (1978 1 all er 948 (hl). rules of interpretation do not permit courts .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC2206; (SCSuppl)2004(4)CHN93; [2004(3)JCR163(SC)]; JT2004(4)SC151; 2004(4)SCALE249; (2004)9SCC772
..... the leasehold. a legal fiction, as is well-known, must be given its full effect [see bhavnagar university v. palitana sugar mill (p). ltd. and ors., : air2003sc511 ]. sub-section (2) of section 5 of the act is imperative in character and must be construed as such.15. the maxim 'generalia specialibus non derogant' meaning ..... its purposive meaning, having regard to the object and purport the statute seeks to achieve. the central government by reason of the provisions of the said act acquired running business undertakings dealing in distribution and marketing of petroleum products. the leases or tenancy for outlets are, therefore, continued to be kept with the ..... in the central government and reference therein to the central government shall be construed as the reference to the government company. section 11 of the act provides for a non-obstante clause stating that the provisions thereof shall have effect notwithstanding anything inconsistent therewith contained in any other law for the time .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC4170; 99(2005)CLT221(SC); 2004(96)ECC10; JT2004(6)SC351; RLW2004(4)SC491; 2004(6)SCALE530; (2004)7SCC144; 2004(2)LC1429(SC)
p. venkatarama reddi, j. 1. the appellants herein were convicted under section 22 of the narcotic drugs and psychotropic substances act, 1985 (hereinafter referred to as 'the act') and sentenced to undergo imprisonment for ten years and to pay a fine of rs.1 lakh. the appellant in criminal appeal no. 1144 of 2003, ..... with section 50 does not arise. however, the empowered officer should, from that stage, proceed to carry out the investigation in accordance with the other provisions of ndps act. 10. the interpretation of section 50 and the effect of failure to observe the safeguards enshrined in section 50 came up for consideration before a constitution bench of ..... or the nearest magistrate for making the search. however, such information may not necessarily be in writing.' 11. it is significant to notice that the prefatory expression 'acting on prior information' has been advisedly used in tune with the law laid down in balbir singh's case.12. we therefore find no substance in the contention .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC2265; 2004(2)ALD(Cri)847; (2006)1CALLT1(SC); 2005CriLJ2208; 2005(99)ECC737; JT2005(4)SC373; 2005(3)KLT195(SC); (2005)4SCC350
..... placed before this larger bench and the question for consideration is whether the safeguards provided by section 50 of the narcotic drugs and psychotropic substances act, 1985 (for short 'the ndps act' or 'the act') regarding search of any 'person' would also apply to any bag, briefcase or any such article or container etc., which is being ..... being reproduced below :'............ .the admissibility or otherwise of a piece of evidence has to be judged having regard to the provisions of the evidence act. the evidence act or the code of criminal procedure or for that matter any other law in india does not exclude relevant evidence on the ground that it was ..... of a 'person' or not. if the search is of a bag which is inextricably connected with the person of the accused, section 50 of the ndps act will apply, and if it is not so connected, the provisions will not apply ............... ............................................ the offending article was found in the bag which accused/respondent .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC565; 2005(2)ALD106(SC); 2005(5)ALLMR(SC)216; 2005(1)AWC146(SC); 2005(1)CTC450; [2005(2)JCR276(SC)]; JT2004(10)SC397; 2004(10)SCALE354; (2005)9SCC164; (2005)1UPLBEC
..... in view the functional plan prepared by the planning board for the national capital region in accordance with the provisions of the national capital regional planning board act 1985.3. in order to fulfil the objective set out in the functional plan over an area of 30,242 sq. kms., of which 13,413 ..... although, they were guilty of raising construction on their lands in violation of the provisions of punjab scheduled roads and controlled areas (restriction of unregulated development) act 1963. it was urged that the appellants, who had strictly followed the law and applied for requisite permission and were granted permission, were being discriminated against ..... fibres was alleged to have carried out a construction in violation of the provisions of the punjab scheduled roads and controlled areas (restriction of unregulated development) act, 1963 and the rules framed thereunder, the said illegality appears to have been compounded and the construction had been regularized.10. the affidavits filed by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004CriLJ1810; 2004(74)DRJ440; 2004(92)ECC585; 2004(166)ELT302(SC); JT2004(3)SC264; RLW2004(3)SC375; 2004(3)SCALE211; (2004)3SCC549
..... was found carrying large quantity of 'diazepam' - 5 mg. tablets'. in the statement recorded under section 67 of the narcotic drugs and psychotropic substance act, 1985 (in short 'the ndps act') recovery of tablets was admitted by the accused. she was arrested on 5.4.2000. an application for bail was file before the special court ..... high court seems to have completely overlooked the underlying object of section 37. it did not take note of the confessional statement recorded under section 67 of the act. description serial no. 43 of the schedule which reads as follows has not been kept in view.sl. no. international other chemical namenon-proprietary non-proprietary ..... that no definite material was placed to show the materials allegedly recovered conforms to the chemical name mentioned in the item no. 43 of the schedule to the act, and, therefore, cannot be treated to be a psychotropic substance. report of the central control laboratory which was placed for consideration was held to be of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC4016; 2005(5)ALLMR(SC)353; (2004)3CompLJ199(SC); JT2004(4)SC181; 2004(3)SCALE396; (2004)12SCC118
..... epca has jurisdiction over the national capital region as defined in clause (f) of section 2 of the national capital region planning board act, 1985. the districts of gurgaon and faridabad are part of the national capital region, under section 2(f) read with the schedule of the said ..... claimed as a matter of right for the following reasons.15. the rules dealt with a situation prior to the coming into operation of 1980 act. '1980 act' was an act in recognition of the awareness that deforestation and ecological imbalances as a result of deforestation have become social menaces and further deforestation and ecological imbalances ..... issues.2. the chairman will be an outstanding and experienced ecologist or environmentalist or technical professional with wide managerial experience.3. the representative of iaa will act as member-secretary.4. chairman and members will serve in their individual capacities except those specifically nominated as representatives.5. the membership of a committee shall .....
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