Court : Supreme Court of India
..... place as the words of the constitution have been interpreted to deal with new exigencies requiring an expansive reading of liberties and freedoms to preserve human rights under the rule of law. it has been further observed that the interpretation of the constitution cannot be frozen by its ..... vigilance home related to ineligible removable commission) affairs vigilance, for re- on such central policy- a . ppointment grounds) vigilance making, - commission and vigilance act, 2003 administration commissioner other including shall be grounds: police eligible administration. to be - or appointed insolvency as -held or cvc, - holding provided conviction ..... administrative fields almost inevitably voters, legislators and other elected officials will conclude that the activities of judges should be closely monitored. if judges act like legislators or administrators it follows that judges should be elected like legislators or selected and trained like administrators. this would be counterproductive. .....
Tag this Judgment!Court : Supreme Court of India
..... while questioning the impugned orders and the directions issued thereunder, learned counsel for the appellant state, after an elaborate reference to the provisions of the act of 1955 and the regulations of 1960 as also the exchange of communications, has submitted that the impugned orders remain unsustainable in law and deserve to ..... reproduced as under: 10. after hearing learned counsel for the respective parties, we have examined the matter at length. perusal of the different provisions of the act, 1955, rule, 1956 and regulation, 1960 framed thereunder by the government leaves no manner of doubt that the real control, authority of the board rests ..... regulations.- (1) subject to the provisions of section 12 the board may, with the previous sanction of the state government by notification, make regulations consistent with this act and rules made thereunder. (2) in particular and without prejudice to the generality of the foregoing power, the board may make regulations providing for (a) the .....
Tag this Judgment!Court : Supreme Court of India
..... birth in the school certificate would not vary based on definitions of juvenile, juvenile in conflict with law or child in conflict with law under the 1986 act, 2000 act or the 2015 act. for applying the procedure for determining his claim, of juvenility or of being a child, in our opinion, the law applicable at the time of ..... 16 and 18 years. he has also highlighted the fact that the time at which the petitioner was produced before the magistrate after arrest, the juvenile justice act, 1986 ( 1986 act ) was operational.15. we shall first examine the issue of the actual identity of niranaram. is he the same person who has been convicted and subsequently ..... the state of maharashtra respondent(s) judgment aniruddha bose, j.this is an application under section 9(2) of the juvenile justice (care and protection of children) act, 2015 ( 2015 act ) requesting this court to hold that the applicant, who is a convict for committing offences under sections 302, 342, 397, 449 read with 120b and 34 of .....
Tag this Judgment!Court : Supreme Court of India
..... a part of the fundamental rights guaranteed under the constitution. in line with the above constitutional objective, the parliament enacted the hindu succession act,1956 i.e. the principal act. this act applies to all hindus including buddhists, jains and sikhs. it lays down a uniform and comprehensive system of inheritance and applies to all ..... survivorship. the next legislation was the hindu women s right to property act 1937. this act enabled the widow to succeed along with the son of the deceased in equal share to the property of her deceased husband. however, the widow was ..... dayabhaga school of hindu law.47. the earliest legislation with regard to right of female inheritance was made in 1929 called the hindu law of inheritance act, 1929. this act conferred inheritance right to three female heirs- son's-daughter, daughter's-daughter and sister. thus, bringing about restrictions on the exclusive rule of .....
Tag this Judgment!Court : Supreme Court of India
..... recognised a power in the court to appoint an amicus curiae. the appointment of an amicus curiae will balance concerns of confidentiality with the need to preserve public confidence in the objectivity of the justice delivery process. 172 the amicus curiae appointed by the court shall be given access to the materials sought ..... decision making authority: when a decision is formed following the principles of natural justice, there is a perception that the decision is accurate and just. it preserves the integrity of the system as the decisions, in addition to being fair, also appear to be fair. the perception of the general public that the ..... projects of the government, encounter killings, citizenship (amendment) act, caa/npr/nrc . 95 the 2018 guidelines stipulate that national security covers a wide range of issues but the principle focus, inter alia, is on (i) matters relating to preserving the unity, territorial integrity and sovereignty of the nation and protecting the life, and liberty of .....
Tag this Judgment!Court : Supreme Court of India
..... no.4 to the warsaw convention which concerns the formal requirements of an air waybill, provided the impetus for the wording any other means which would preserve a record of the carriage to be performed may, with the consent of the consigner, be substituted for the delivery of an air waybill. the ..... the context of the duty of a court, within the meaning of sections 33 and 35 of the stamp act, to act in consonance therewith. the efficacy of the arbitration clause in a contract is preserved so that the extinguishing of the contractual obligations by termination or non-performance or alleged performance, does not deprive ..... -level committee to review the institutionalisation of arbitration in india h. discussion on sms tea i. discussion on garware j.interplay between the stamp act, arbitration act and contract act. i) arbitration act is a special legislation ii) harmonious construction k. advent of technology and the changing nature of transactions l. doctrine of separability m. kompetenz .....
Tag this Judgment!Court : Supreme Court of India
..... of the joint parliamentary committee on waqf were considered by the 11 central waqf council. the various issues and the need for amendments to the act have also been considered in consultation with other stakeholders such as the all india muslim personal law board, representatives of the state governments and the chairmen ..... development corporation and state waqf development corporations so as to facilitate proper utilization of valuable waqf properties for the objectives intended. the committee recommended that the act should be amended so that the state waqf boards become effective and are empowered to properly deal with the removal of encroachments of waqf properties. ..... cannot validly contend that those who were in possession and occupation of the premises, as tenants for a century became encroachers, upon enactment of the 2013 act. counsel pointed out that the provision which enables the wakf board to deal with encroachers, is section 54; it provides for eviction. no proceedings were .....
Tag this Judgment!Court : Supreme Court of India
..... shree baidyanath ayurved bhavan ltd. (supra), this court rejected the contentions seeking reclassification of the product in question therein, dml, after enactment of new tariff act because the product in its composition, character and uses continued to remain the same even after insertion of new sub-heading 3301.30.19. having thus ..... biochemic systems:3003. 31 -- manufactured exclusively in accordance with the formulae described in the authoritative books specified in the first schedule to the drugs and cosmetics act, 1940 (23 of 1940) or homeopathic pharmacopeia of india or the united states of america or the united kingdom or the german homeopathic pharmacopeia, as the ..... the product in question as medicament had been accepted during the period 1994-2004, this classification remained in doubt and, particularly after changes in the act of 1985 in the year 2012, the respondent was served with different show- cause notices pertaining to different periods of consideration, essentially to the .....
Tag this Judgment!Court : Supreme Court of India
..... and social analysis in greater detail, which in our opinion, is an exercise that cannot be undertaken by the judiciary. the question as to whether the tamil nadu amendment act is to preserve the cultural heritage of a particular state is a debateable issue which has to be concluded in the house of the people. this 52 ought not be a part ..... to that interpretation and the object of the amendments primarily is relatable to item 17 of the concurrent list. hence, we reject the argument that the maharashtra amendment act has been legislated for the preservation, protection and improvement of stock and prevention of animal diseases, veterinary training and practice. so far as the argument that livelihood of farmers and people associated with .....
Tag this Judgment!Court : Supreme Court of India
..... invoking arbitration. 03.02.2023: the petitioner filed arbitration petition no.13 i.e. the present petition under section 11(6) of the arbitration and conciliation act, 1996 for constitution of arbitral tribunal.23. in the last, the learned asg submitted that the period of limitation for issuing notice invoking arbitration not being ..... were bona fide negotiating towards an amicable settlement may be excluded for the purpose of computing the period of limitation for reference to arbitration under the 1996 act. however, in such cases the entire negotiation history between the parties must be specifically pleaded and placed on the record. the court upon careful consideration ..... the relevant provisions and held that in cases where claims are ex facie time barred, the court may refuse to make reference under section 11 of the act 1996. this decision assumes importance and we should look into the same in little details. the appellant bsnl issued a tender notification inviting bids for planning, .....
Tag this Judgment!