Court : Supreme Court of India
..... union territories; (ii) nct of delhi, andaman and nicobar islands, lakshdweep, daman and diu and dadra and nagar haveli civil and police services (danics and danips); (iii) pondicherry civil and police services.12. the submissions which were urged by the solicitor general have been supplemented by mr sanjay jain, senior counsel. mr. jain submitted that: a. the ..... ias pradesh (from 01.07.2018 to (mp:1984. 31.01.2019) shri sudhir jharkhand 30.09.2018 03 months tripathi, ias (jh: (from 01.10.2018 to 1985) 31.12.2018) 03 months (from 01.01.2019 to 31.03.2019) 13 shri dinesh maharashtra 31.01.2019 06 months kumar jain, ias (from 01.02.2019 ..... domain of nctd, the executive power of the lieutenant governor shall be modified to the extent, as provided in that law. furthermore, under section 49 of the gnctd act, the lieutenant governor and the council of ministers must comply with the particular directions issued by the president on specific occasions. the court held that nctd has legislative and .....
Tag this Judgment!Court : Supreme Court of India
..... in whose jurisdiction an arrest is apprehended by a person against whom an fir has been filed. position of law overseas:19. article 9 of the universal declaration of human rights, 1948 establishes that no one shall be subjected to arbitrary arrest, detention or exile. article 10 of the international covenant on ..... of offences arising out of, (i) the unlawful activities (prevention) act, 1967; (ii) the narcotic drugs and psychotropic substances act, 1985; (iii) the official secrets act, 1923; (iv) the uttar pradesh gangsters and anti-social activities (prevention) act, 1986; (v) the protection of children from sexual offences act, 2012; (b) to those offences in which the death sentence may ..... l.r. naidu (dr.) vs. state of karnataka, 1983 scc online kar 206 (l.r. naidu) and n.k. nayar vs. state of maharashtra, 1985 cri lj1887(n.k. nayar), permitting the grant of anticipatory bail for an offence committed outside their jurisdiction, should be set aside. to buttress his contention, learned senior .....
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..... . the system of norms proceeds from downwards to upwards and finally closes at grundnorm. (reference: application of grundnorm in india, zainab arif khan, aligarh muslim university) 79. our constitution is the paramount source of law in our country. all other laws assume validity because they are in conformity with the constitution. the ..... speaking through chief justice y.v. chandrachud (as his lordship then was) in olga tellis and others v. bombay municipal corporation and others reported in (1985) 3 scc545observed something very illuminating on the said aspect: 28. it is not possible to accept the contention that the petitioners are estopped from setting up ..... 74. in perkins eastman (supra), this court held as under: this application under section 11(6) read with section 11(12)(a) of the arbitration and conciliation act, 1996 ( the act ) and under the appointment of arbitrators by the chief justice of india scheme, 1996 ( the scheme ) prays for the following principal relief:45. (a) .....
Tag this Judgment!Court : Supreme Court of India
..... . nomenclature/ particulars / meaning no.abbreviation 1. bis bureau of indian standards 2. cbic central board of indirect taxes and customs 3. ceta central excise tariff act, 1985 7 4. ce act central excise act, 1944 5. cet sh central excise tariff sub-heading 6. cestat customs, excise and service tax appellate tribunal 7. ctpm chewing tobacco and unmanufactured tobacco packing ..... the earlier dicta of this court rendered in a. nagaraju bros. v. state of a.p., 1994 supp (3) scc122and held there is no one single universal test in this matter.65. keeping these aspects in mind when the facts on hand are perused it would disclose the product manufactured by the assessee-respondent is sold ..... are analogous.39. however, the said finding in cotspun s case would not merit acceptance for the simple reason that the amendment to section 11a of ce act, brought by act 10 of 2000, would clearly take within its sweep, that even if there is non-levy or non-payment, short levy or short payment, or erroneous .....
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..... be violative of the fundamental rights guaranteed under the constitution. (lohia machines ltd. v. union of india [lohia machines ltd. v. union of india, (1985) 2 scc197:1985. scc (tax) 245]. ). 50.2. the test for determining the validity of a validating legislation is that the judgment pointing out the defect would not ..... of the ryotwari patta on the tiller of the soil. thereby, the land reform laws extinguish pre-existing rights and create new rights under the act. the act confers jurisdiction on the tribunals in matters relating thereto and hierarchy of appeals/revisions are provided thereunder giving finality to the orders passed thereunder. thereby, ..... right to an appeal) prior to the amendment or repeal are undoubtedly saved, in addition to substantive rights envisaged under section 6 of the general clauses act. this protection does not extend to pure matters of procedure. repeals or amendments that effect changes in forum would ordinarily affect pending proceedings, unless a contrary .....
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..... aside?. (ii) whether any further direction or directions requires to be issued for concluding the proceedings in a time bound manner on account of suit no.2 of 1985 pending for trial for past 41 years?. (iii) what order?. re: point no.(i) 10. it is not in dispute that smt. urmila devi had instituted ..... court, who should be cautious and vigilant against such indolent acts and persons who attempt to thwart quick dispensation of justice. a response is expected from all parties involved, with a special emphasis on the presiding officer. the ..... be stretched in the instant case and to all the pending matters by necessarily holding that every stakeholder in the process of dispensation of justice is required to act swiftly, diligently, without giving scope for any delay in dispensation of justice. thus, an onerous responsibility rests on the shoulders of the presiding officer of every .....
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..... such procedures provide land owners and interested persons a fair opportunity to say why their land should 9 tom allen, the right to property in commonwealth constitutions (cambridge university press 2000) 172; preeti sampat, limits to absolute power: eminent domain and right to land in india (2013) 48 economic and political weekly 40; usha ..... & co, 1959). 1.11 8 namita wahi, property in sujit choudhry, madhav khosla, pratap bhanu mehta (eds), the oxford handbook of the indian constitution (oxford university press 2016) page 13 of 40 eminent domain have shed light on this subject9. in an article titled, history of eminent domain in colonial thought and legal practice ..... not entered rather it continued to reflect previous khatedar s name. moreover, notice under section 52(2) of the 1959 act was issued to the recorded khatedars, award was passed in the year 1985 and compensation was also paid to them. trial court also observed that plaintiff raised no objection, despite knowledge, even though .....
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..... interpretation of article31(3) of the vienna convention on the law of treaties in georg nolte et al (eds.), treaties and subsequent practice (oxford university press, 2013), pp. 29, 31. 54 bruno simma further emphasizes the relevance of subsequent practice for the understanding of a treaty, noting that ..... volkerrecht (1964)); blechmann, a., begriff und kriterien der innerstaatlichen anwendbarkeit volkerrechtlicher vertage (1970); id., grundgesetz und volkerrecht, 277 (1975); langbein, v.,intertax 151 (1985), original german version: langbein, v.,30 riw531(1984). 50 entry into force under international law; detrimental retrospectivity, however, may be prohibited.52. through the ..... **************** 29. in our view, the contention is wholly misconceived. section 90, as we have already noticed (including its precursor under the 1922 act), was brought on the statute book precisely to enable the executive to negotiate a dtac and quickly implement it. even accepting the contention of the .....
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..... persons. for these reasons, we do not particularly subscribe to the characterisation of democratizing intimate zones as discussed in the learned chief justice s draft 16 [1985]. supp. (3) scr711 7 opinion. these outcomes were driven by enacted law; furthermore, there was state interest, which impelled regulation of such relationships, as ..... children such as the right to free universal education under article 21a of the constitution, and the right to free education act, 2009; the child labour (prohibition and regulation) act, 1986; protection of children from sexual offences act, 2012, the juvenile justice (care and protection) act 2016 (hereafter, jj act ), etc. in all these, the parliament ..... . it was further emphasised that the constitution expressly refers to education in articles 41, 45, and 46 of the 142 olega tellis v. bombay municipal corporation, 1985 scc (3) 545 143 hussainara khatoon v. home secretary, (1980) 1 scc81 144 unnikrishnan v. state of ap, (1993) 1 scc645145 also see mohd .....
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..... within any part of india. explanation.-- the payments made for the grant of a licence under this subsection shall include such sum attributable to the universal service obligation as may be determined by the central government after considering the recommendation made in this behalf by the telecom regulatory authority of india established under ..... and therefore, revenue, is without legal basis. ix. reliance was placed on the decision of this court in cit vs. jalan trading co. pvt. ltd., (1985) 4 scc59( jalan trading co. ) to submit that in the said case this court had an occasion to consider an annual payment in the form of profit ..... licence, has no legal basis. such a fragmentation is neither statutorily permissible, nor prescribed in the licence agreement. iv. referring to section 35abb of the act, which allows amortisation of expenditure incurred for obtaining a licence to operate telecommunication services, it was contended that the said provision applies in relation to payments made .....
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