Court : Supreme Court of India
..... therein in priority to all other debts.11. section 530 of the companies act, which was amended and substituted by act no.35 of 1985 with effect from 24th may 1985, states that section 530 is subject to provisions of section 529a of the companies act. section 530 of the companies act deals with preferential payments that are a level below the overriding preferential payments under ..... to be given primacy in case of conflict, and consequently, in case of disharmony, this section will override the discordant provisions of the companies act and all other enactments in force. section 529a of the companies act was enforced by act no.35 of 1985 with effect from 24th may 1985. therefore, when there is a clash and disagreement between section 529a of the companies .....
Tag this Judgment!Court : Supreme Court of India
..... only the ratio decidendi of a judgment is binding as a precedent. in b. shama rao vs. union territory of pondicherry, air1967sc1480 it has been observed that a decision is binding not because of its conclusion but with regard to its ratio ..... canara bank will have to be construed in the special facts and circumstances of that case and it cannot have universal application. it was further observed that investment of surplus fund with some of the member banks and other institutions in ..... space at the 1984 exhibition. till 1984, the association used to organise the fair itself using voluntary members labour but in 1985, the fair was organised by a professional organiser i.e., through the company (exhibition and trade fairs pty limited). there ..... circuit of members. such profit-oriented activity would be amenable to income tax as per section 2(24) of the act. moving further, this court observed that coterminous with the requirement of common identity, is the requirement of completeness of identity .....
Tag this Judgment!Court : Supreme Court of India
..... age of retirement of bihar engineering college which was a college of the patna university. its teachers were recruited through the university service commission. their service conditions were governed under the patna university act. at the relevant time, the age of retirement for university teachers was 62 years. however, with effect from 15.08.1992 the age ..... 1 was appointed as a research associate in the central research institute (ayurveda), bhuvaneshwar under the control of the ministry of ayush, vide appointment letter dated 03.10.1985. the terms of appointment specifically stated inter alia, in para 2 (vi) & (vii) thereof, that private or consultancy service is strictly prohibited and that ..... 11.10.85 office order no.183/85 dr. bikartan das is appointed as a research assistant (ay) with effect from the forenoon of the 7th october, 1985 until further orders in the central research institute (ay), unit, bhubaneshwar-9. he will be on probation for a period of two years from this date. .....
Tag this Judgment!Court : Supreme Court of India
..... same was not approved by this court.37. section 3(2) of the gujarat prevention of anti-social activities act, 1985 (for short, pasa ), which is pari materia to section 3(2) of the act 1986 with which we are concerned, fell for consideration before a two-judge bench of this court in the case of navalshankar ..... entrusted the power to the state govt. and if need be only selectively 49 but not blanket delegation is permissible. after the issue of the notification in 1985 no review thereafter was done. the order of delegation made by the state govt. without application of mind was, therefore, illegal and invalid and the sequator detention ..... , stores, transports, imports, exports, sells or distributes any liquor, intoxicating drug or other intoxicant in contravention of any of the provisions of the andhra pradesh excise act, 1968 (act 17 of 1968) and the rules, notifications and orders made thereunder, or in contravention of any other law for the time being in force, or who knowingly .....
Tag this Judgment!Court : Supreme Court of India
..... social document , writes granville austin2. the rights contained in 2 austin, granville. the conscience of the constitution . the indian constitution, cornerstone of a nation, oxford university press, 2000, pp. 50 8 part iii and the directive principles of state policy contained in part iv together establish conditions which further the goal of this social ..... neighbourhood school 8, no denial of admission 9 and prohibition of physical punishment and mental harassment 10, are some of the heartwarming provisions of the act.20. the act sets down certain norms and standards which have to be followed in elementary schools, and this is with the purpose of providing a meaningful and quality ..... violation of the provisions of the constitution or is arbitrary or irrational, the courts must perform their constitutional duties by striking it down... 17 (1984) 3 all er935:1985. ac374: (1984) 3 wlr1174(hl) 18 (2005) 5 scc18119 (2015) 7 scc69842 in brij mohan lal v. union of india20 this court reiterated on .....
Tag this Judgment!Court : Supreme Court of India
..... . (emphasis supplied) 13. further, a three-judge bench of this court by majority of 2:1 in s. sundaram pillai v. v.r. pattabiraman, (1985) 1 scc591has elaborately examined the scope of the proviso to the substantive provision of the section and rules of its interpretation. the relevant paragraphs are reproduced hereunder: ( ..... conflict or confusion. vijay madanlal choudhary (supra):27. 27. the task of the director or an authority authorised by the central government under the 2002 act for the collection of evidence is the intrinsic process of adjudication proceedings. in that, the evidence so collected by the authorities is placed before the adjudicating ..... the writ of habeas corpus petition is maintainable; 2. enforcement directorate is not entrusted with the powers to seek police custody under the prevention of money laundering act, 2002; 3. miscellaneous petition filed by respondent 1 seeking exclusion of the period is dismissed; 7 17. justice d. bharata chakravarty, recorded his views in .....
Tag this Judgment!Court : Supreme Court of India
..... these examinations need to be deferred since schools and colleges in the hill districts have been converted into relief camps and a large number of students and university staff have been forced to flee their homes.6. helicopter services have been provided between churachandpur, kangpokpi and tengnoupal and imphal (see para 22.3 of ..... has been commanded to disperse.10. 153a promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, etc, and doing acts prejudicial to maintenance of harmony.11. 186 obstructing public servant in discharge of public functions. 3212. 302 punishment for murder.13. 324 voluntarily causing hurt by ..... prolonged because of the length of the proceedings.17. this court must express its anguish of the manner in which women have been subjected to grave acts of sexual violence in the course of the sectarian strife in manipur. subjecting women to sexual crimes and violence is completely unacceptable and constitutes a grave .....
Tag this Judgment!Court : Supreme Court of India
..... to the existence of some countervailing consideration of policy or law. [ h.w.r. wade & c.f. forsyth, administrative law (eleventh edn., oxford university press, 2014).]. administrative policies may change with changing circumstances, including changes in the political complexion of governments. the liberty to make such changes is something that ..... is inherent in our constitutional form of government. [ hughes v. department of health and social security , 1985 ac776 788 : (1985) 2 wlr866(hl)].20. the decision-makers' freedom to change the policy in public interest cannot be fettered by applying the principle of substantive legitimate ..... expectation. [ findlay, in re , 1985 ac318: (1984) 3 wlr1159: (1984) 3 all er801(hl)]. so long as the government does not act in an arbitrary or in an unreasonable manner, the change in policy does not call for interference by .....
Tag this Judgment!Court : Supreme Court of India
..... doctrine of legitimate expectation cannot be invoked to fetter valid exercise of administrative discretion.23 in p suseela v. university grants commission,24 the claimants challenged the ugc regulations which made it mandatory for candidates seeking to be appointed to ..... received assurance from the decision-maker that the advantage or benefit will not be withdrawn without giving them an 11 [1985]. ac37415 opportunity of advancing reasons for contending that the advantage or benefit should not be withdrawn.23. the doctrine ..... of legitimate expectation ................................ 30 i. what has the high court committed itself to?. ........................................... 30 ii. whether the high court has acted unlawfully in relation to its commitment?. 31 iii. what should this court do?. ....................................................................... 34 e. conclusions ................................................................................................... 35 2 a. .....
Tag this Judgment!Court : Supreme Court of India
..... necessary. nor it is necessary to prove the actual words of communication. the evidence as to transmission of thoughts sharing the unlawful design may be sufficient. gerald orchard of university of canterbury, new zealand explains the limited nature of this proposition: [1974 criminal law review 297, 299]. although it is not in doubt that the offence requires some ..... in a case, when taken together on their face value, should indicate the meeting of minds between the conspirators for the intended object of committing an illegal act or an act which is not illegal, by illegal means. a few bits here and a few bits there on which the prosecution relies cannot be held to be adequate ..... to sections 120-a and 120-b ipc would make these aspects clear beyond doubt. entering into an agreement by two or more persons to do an illegal act or legal act by illegal means is the very quintessence of the offence of conspiracy.275. generally, a conspiracy is hatched in secrecy and it may be difficult to adduce .....
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