Court : Supreme Court of India
Decided on : Sep-12-1996
Reported in : 1996VIIAD(SC)490; AIR1997SC412; JT1996(8)SC356; 1996(7)SCALE31; (1997)1SCC650; [1996]Supp6SCR172
..... entered into a contract with the foreign buyers for the import of the goods which, after the said order came into force, were imported into pondicherry. the question therein was whether section 6 of the gc act would apply, majority of three judges, dissented by minority opinion of two judges, had held that the words 'things done' in para 6 of the ..... if the renewal is inconsistent with the provisions of the act. therefore, the view of the high court is clearly not sustainable in law. in support thereof, shri venugopal placed strong reliance on d. nataraja mudaliar v. the state transport authority madras : [1979]1scr551 ; state of punjab v. mohar singh : 1955crilj254 and universal imports agency and anr. v. the chief controller of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-30-1996
Reported in : AIR1997SC734; (1996)8SCC462; [1996]Supp10SCR973
..... foundry75, i.e., nunihaiagra166. m/s. samta trading corpn.136,1.e., nunihaiagra.167. m/s. mahaveer engg. works82, i.e., nunihaiagra.168. m/s. universal steel ind.69, i.e., nunihaiagra.engineering169. anil metal industrybodla roadagra.170. agra engg. industriesartoniagra.171. profile furnaces & heat treatmentkailash road, sikandaraagra.172. aayjayudyogb-6, ..... enactments for our purpose are : the water (prevention and control of pollution) act, 1974 (the water act), the air (prevention and control of pollution) act, 1981 (the air act) and the environment protection act, 1986 (the environment act). the water act provides for the constitution of the central pollution control board by the central government ..... ambient air quality standard of 100 ug/m3 for spm for sensitive locations barring a few days in monsoon months.... another study during 1985-87 brought to fore that the overall status of the ambient air quality within the trapezium has significantly deteriorated over this period.the impact .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-30-1996
Reported in : (1997)2SCC353a
..... nunhai, agra.166. m/s samta trading corpn., 136, i.e., nunhai, agra.167. m/s mahaveer engg. works, 82, i.e., nunhai, agra.168. m/s universal steel ind., 69, i.e., nunhai, agra.engineering169. anil metal industry, bodla road, agra.170. agra engg. industries, artoni, agra.171. profile furnaces & heat treatment, kailash ..... more relevant enactments for our purpose are: the water (prevention and control of pollution) act, 1974 (the water act), the air (prevention and control of pollution) act, 1981 (the air act) and the environment (protection) act, 1986 (the environment act). the water act provides for the constitution of the central pollution control board by the central government and ..... the national ambient air quality standard of 100 ug/m3 for spm for sensitive locations barring a few days in monsoon months. ... another study during 1985-87 brought to fore that the overall status of the ambient air quality within the trapezium has significantly deteriorated over this period.the impact of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-23-1996
Reported in : AIR1997SC1739; 1997CriLJ1508; 1997(1)SCALE95; (1997)2SCC642
..... with the detention of large number of persons in jail in connection with various offences under narcotic drugs and psychotropic substances act, 1985. the court, after noting the stringent provisions relating to bail as incorporated in that act, directed for release of those undertrial prisoners who were languishing in jail for a period exceeding half of the punishment provided ..... which manual would take note of what has been said about various punishments by this court in its aforesaid decisions. not only this, the century old indian prison act, 1894, needs a thorough look and is required to be replaced by a new enactment which would take care of the thinking of the independent india and of ..... shocking state of affairs negating the very basis of the existence of human life.we do hope that by now all the states of the country must have acted as per the directions in sheela barse.(10) the judicial work done by this court on the subject at hand would not be complete without mentioning what was .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-19-1996
Reported in : JT1996(11)SC565; 1997(1)SCALE50; (1997)2SCC240; [1996]Supp10SCR431
..... . we do not see any reason to take a different view. obviously we are not concerned in the present appeal with the provisions of the mahatma gandhi university act, 1985 which confers very different and more specific and limited appellate powers on the appellate tribunal.18. taking an overall view of the matter, however, and considering all ..... 25.8.1987, dismissed the appeals filed by the appellant on the ground that there was no pending dispute before it at the time when the mahatma gandhi university act, 1985 or the ordinance which preceded it, came into force.14. this appeal before us from the full bench decision of the kerala high court, therefore, appears ..... the ahmedabad st. xaviers college society and anr. etc. v. state of gujarat and anr. : [1975]1scr173 . under section 62(c) of the mahatma gandhi university act, 1985 any dispute arising or pending between the management of a private college and the teacher of that college in respect of any matter coming in clause (a) or (b), .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-19-1996
Reported in : 2002(83)ECC85; 1997(89)ELT247(SC); JT1996(11)SC283; 1996(9)SCALE457; (1997)5SCC536; [1996]Supp10SCR585; [1998]111STC467(SC)
..... the purpose of levying the said duties, tariff values of any articles enumerated, either specifically or under general headings, in the schedule to the central excise tariff act, 1985 (5 of 1986) as chargeable with duty ad valorem and may alter any tariff values for the time being in force.(3) different tariff values may ..... 10. the second aspect aforesaid, namely, that the defendant has been enriched 'at the plaintiffs' expense', has been considered by peter birks (professor of civil law, university of edinburgh) 'introduction to the law of restitution' rather elaborately. the principles discernible from the above discussion has bee succinctly stated by endrew burrows : the law of ..... does not become ineffective or unenforceable simply because at a later point of time, a different view of law is taken. if this theory is applied universally, it will lead to unimaginable chaos. it is, however, suggested that this result follows only in tax matters because of article 265. the explanation offered .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-18-1996
Reported in : AIR1997SC568; JT1997(1)SC288; 1996(9)SCALE318; (1997)1SCC301; [1996]Supp10SCR321; 1997(1)LC187(SC)
..... , has suggested various other safeguards-short of prior judicial scrutiny-based on the law on the subject in england as enacted by the interception of the communications act, 1985.34. we agree with mr. sibal that in the absence of any provision in the statute, it is not possible to provide for prior judicial scrutiny ..... lawful attacks on his honour and reputation.2. every one has the right to the protection of the law against such interference or attacks.article 12 of the universal declaration of human rights, 1948 is almost in similar terms.22. international law today is not confined to regulating the relations between the states. scope continues ..... high lighting the incidents of telephone tapping in the recent past. the petitioner has challenged the constitutional validity of section 5(2) of the indian telegraph act, 1885 (the act), in the alternative it is contended that the said provisions be suitably read-down to include procedural safeguards to rule out arbitrariness and to prevent the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-17-1996
Reported in : AIR1997SC628; JT1996(11)SC246; 1996(9)SCALE375; (1997)2SCC53; [1996]Supp10SCR188; 1997(1)LC308(SC)
..... as the own son by that person who loves that child as his own, nourishes and brings him up, looks after his education in the school, college or university and bears all the expenses, such child has to be treated as the son of that person particularly if that person holds the child out as his own. care ..... that if anyone other than a relative, guardian or custodian, undertakes the care and maintenance of a child, he will be subject to the provisions of the foster children act, 1980. fosterage here is essentially a matter of personal inclination, liking and devotion towards a child by those, specially, who being childless adopt or otherwise rear up a ..... would include only natural sons and not 'foster son'. learned counsel for the respondent, on the contrary, contends that since the definition of 'family' as set out in the act is an artificial definition, its natural or common meaning cannot be adopted. 'family', it is contended, is a word of great flexibility and has to be interpreted in the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-13-1996
Reported in : 1996(9)SCALE357; (1997)9SCC42; [1996]Supp10SCR49
..... petitioners that they were working in andhra pradesh state road transport corporation which was not established by the state of andhra pradesh under any state act but under central act, namely, the corporations act, even though that corporation was established by the state of andhra pradesh and was mainly owned and wholly controlled by the state government. ..... 2023 of 1986 is also moved by the state at andhra pradesh being aggrieved by the decision rendered by the same division bench in writ petition no. 10217 of 1985 whereunder the writ petition of the second petitioner, namely, g. prakash was allowed. said writ petitioner no. 2 was a clerk in andhra pradesh state wool ..... 1986 the state of andhra pradesh has brought in challenge the very same common decision of the andhra pradesh high court in writ petition no. 4562 of 1985 moved by the original writ petitioner-contesting respondent herein who was at the relevant time working as a doctor in the dispensary run by andhra pradesh state road .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Dec-11-1996
Reported in : AIR1997SC793; (1997)2CALLT40(SC); 1996(9)SCALE217; (1997)2SCC65; [1996]Supp9SCR831
..... run by the patiala technical education trust. as per declaration of the central government dated december 30, 1985 under section 3 of the university grants commission act, 1956, the t.i.e.t. is deemed to be a university for the purpose of the said act. the t.i.e.t, imparts education at the graduate and post-graduate level. at the under ..... are government aided educational institutions. it is no doubt true that the t.i.e.t. has been declared to be a 'deemed university' by the central government under the provisions of the university grants commission act, 1956. but this does not mean that it is permissible for the t.i.e.t. to depart from the principle laid down ..... the said memo is challenged in the writ petition on the ground that the t.i.e.t. is a 'deemed university' under the university grants commission act and that the decision in j.p. unni krishnan (supra) has no application to university employees. while dealing with civil appeal arising out of s.l.p. (civil) no. 10132 of 1995, we have .....
Tag this Judgment!