Judgment Search Results Home > Cases Phrase: protection of human rights amendment act 2006 section 15 substitution of new section for section 24 Page 1 of about 1,635 results (0.186 seconds)

State of Tamil Nadu Vs. State of Kerala and anr.

Court : Supreme Court of India

..... extensively referred to the provisions of 2003 act and the substitution of section 62 by providing with non obstante clause that the function of evaluation of safety of a dam and the power to issue directions to the custodian are conferred upon dam safety authority notwithstanding any decree of any court, and notwithstanding anything contained in any treaty, contract, instrument or other documents and submitted that 2003 act and 2006 (amendment) act have created a statutory framework for regulating water level in respect of dams ..... whether the privy council view is correct or that put forward by chief justice marshall in its broadest outlines is more proper, all authorities are agreed that it is within the competence of the new sovereign to accord recognition to existing rights in the conquered or ceded territories and, by legislation or otherwise, to apply its own laws to them; and these laws can, and indeed when the occasion arises must, be examined and interpreted by the municipal courts of the ..... the precautionary principle is applied, the fact that there is scientific uncertainty and that it is impossible to carry out a full risk assessment in the time available does not prevent the competent public authority from taking preventive protective measures if such measures appear essential, regard being had to the level of risk to human health which the public authority has decided is the critical threshold above which it is necessary to take preventive measures. .....

J.S.Yadav. Vs. State of Uttar Pradesh and anr.

Court : Supreme Court of India

..... (c) sections 21, 23, 25 and 26 of the protection of human rights act, 1993 (hereinafter called `the act 1993'), stood amended vide the protection of human rights (amendment) act, 2006 (hereinafter referred to `amendment act 2006'). ..... as the appellant was fully eligible and competent to be appointed under the act 1993 and he had duly been appointed and worked for about 2 years including the period after the commencement of the amendment act 2006, the declaration that he ceased to hold the post as a member of the commission, is in flagrant violation of the statutory provisions contained in section 26 of the act 1993 itself.15. ..... shilpa singh, appearing for the appellant, has submitted that as the appellant was holding the tenure post for a period of five years, he was entitled to continue till 30.6.2011; the amendment act 2006 could not be applied retrospectively and it could not curtail the tenure of the persons who had been appointed and continuing as a chairperson/member of the commission prior to the commencement of the amended provisions in force. ..... did not take any step for discontinuation of the appellant upto may 2008 on the ground that he did not possess the eligibility as per the amendment act 2006.24. ..... union of india, (2008) 5 scc 1, this court considered the case wherein the director of all india institute of medical sciences, new delhi, having been duly appointed for a period of five years had been removed prior to completion of the said period. .....

Dr. Tresa Radhakrishnan Vs. Government of Kerala, Rep. by Secretary an ...

Court : Kerala

..... actually, the said notification was issued in view of the amendment of the protection of human rights act, 1993 by the protection of human rights (amendment) act, 2006. ..... it is pointed out that sub- sections (2) to (5) of section 50 provide for execution of a written contract by every salaried officer and teacher of the university and the contract cannot be inconsistent with the provisions of act and in the light of these provisions also sub-section (7) will apply herein. 12. ..... in the explanatory note the reason for cancellation shown is that as per sub-sections (6) and (7) of section 50 of the act, the retirement age of officer of the university has been fixed at 55, and hence the government decided to cancel the appointment. 7. ..... the contentions raised by the petitioner in a nutshell are the following: the petitioner's appointment by the government under section 37(9) of the act is evidenced by ext.p1 order and the appointment is for a period of five years from the date of assumption of office. ..... it is submitted that if the distinction as sought by the learned senior counsel for the petitioner with regard to the first registrar is accepted, then such a person can be continued beyond the normal retirement age of 55, whereas the registrar who is appointed under section 37(1) will have to retire at the age of 55 years which will be self contradictory and will pave way for a challenge in view of article 14 of the constitution of india. 13. .....

Karma Dorjee and Ors Vs. U.O.I and Ors

Court : Supreme Court of India

..... the protection of human rights act, 1993 defines the expression international covenants thus : 1[(f) international covenants means the international covenant on civil and political rights and the international covenant on economic, social and cultural rights adopted by the general assembly of the united nations on the 16th december, 1966 and such other covenant or convention adopted by the general assembly of the united nations as the central government may, by notification, specify;]. ..... the recommendations of the bezbaruah committee on immediate measures traverse the following areas : legal measures, including either a new statutory provision or an amendment of existing law; facilities for legal assistance; strengthening of law enforcement agencies; special police initiatives including proactive regional action; utilising the bonding power of sports; educating the people about the north-east; greater focus on the north-east in ..... 5 the union ministry of home affairs has stated before the court both in its initial counter as well as in an additional affidavit filed on 20 september 2016 that a proposal for amending the indian penal code by the insertion of two new provisions - section 153c and section 509a - is under examination. ..... whether the law should be amended is for the union government to decide in its considered assessment of the situation, the nature of the problem and the efficacy of existing provisions. .....

Union of India and anr. Vs. Tulsiram Patel and ors.

Court : Supreme Court of India

Reported in : AIR1985SC1416; (1985)87BOMLR563; (1985)3CompLJ45(SC); [1985(51)FLR362]; (1985)IILLJ206SC; 1985(2)SCALE133; (1985)3SCC398; [1985]Supp2SCR131; 1985(2)SLJ145(SC)

..... article 6 of the european convention for the protection of human rights and fundamental freedoms which came into force on september 3, 1953, and article 14 of the international covenant on civil and political rights adopted by the general assembly resolution 2200a (xxi) of december 16, 1966, which came into force on march 23, 1976.88. ..... . dated august 18, 1978, sub-rule (4) was substituted by a new sub-rule to bring it in conformity with the amendment made in clause (2) of article 311 by the constitution (forty-second amendment) act, and the opportunity to show cause against the proposed penalty was done away with ..... the expression 'natural justice' is now so well understood in england that it has been used without any definition in statutes of parliament, for example, in section 3(10) of the foreign compensation act, 1969, and section 6(13) of the trade union and labour reforms act, 1974, which was later repealed by the trade union and labour relations (amendment) act, 1976. ..... actions both of men and states must be referred.we, the people of eire,humbly acknowledging all our obligations to our divine lord, jesus christ, who sustained our fathers through centuries of tiral....section 40(1) of that constitution provides as follows:all citizens shall, as human persons, be held equal before the law.this shall not be held to mean that the state shall not in its enactments have due regard to differences of capacity, physical and moral .....

Colonel D.D. Pawar, C-25415-a Vs. Commander Hq Andhra Sub-area, Secund ...

Court : Andhra Pradesh

Reported in : 2001(5)ALD56; 2001(5)ALT52

..... criminal justice system necessarily interferes or encroaches upon the human rights and fundamental rights guaranteed under part hi of the constitution of india as well as protection of human rights act, 1993, textual interpretation must lean in favour ..... of sub-rule (1) of rule 53 was substituted by amendment vide s.r.o 17 (e) dated 6-12-1993, presumably after section 122(1) was amended by act no ..... however, as the learned counsel for appellants and respondents have made elaborate submissions we only propose to deal with the question of law as to interpretation of section 122(1) of the act after amendment act 37 of 1992 and ..... . before considering the next aspect of the matter we may summarise our conclusions thus far:--(i) for the purpose of section 122 of the i army act if the offender is known either to the person aggrieved or to the competent authority, the date of offence is relevant for reckoning the period of limitation;(ii) if the commission of offence is not initially known to the person aggrieved or the competent authority the first date on which either of them come to ..... or the competent authority but identity of the offender/s is not known the date on which the identity of the offender/ s is known definitely is the date for the purpose of commencement of limitation; and(iv) 'person aggrieved' in the context of the provisions of the army act and army rules mean the person who is the competent to order court of inquiry at the first instance as per rule 177 of the army rules and .....

Delhi High Court Legal Services Committee Vs. Uoi and anr.

Court : Delhi

..... section 4 - juvenile justice board (1) notwithstanding anything contained in the code of criminal procedure, 1973 ( 2 of 1974), the state government may,1[within a period of one year from the date of commencement of the juvenile justice (care and protection of children) amendment act, 2006, by notification in the official gazette, constitute for every district,]. ..... powers of committee (1) the committee shall have the final authority to dispose of cases for the care, protection, treatment, development and rehabilitation of the children as well as to provide for their basic needs and protection of human rights. ..... section 370 which dealt with buying or disposing of any person as a slave crl rev.no.443/2009 & crl.m.a.no.3071/2010 112 was substituted by the amendment act of 2013 and the relevant extract of the amended section reads thus: 370. ..... they were then produced before the child welfare committee for care and protection at the nirmal chhaya complex, jail road, hari nagar, new delhi and lodged in the children's home for girls.5. ..... the learned judge has alluded at length to the object and purpose of enacting the it act of 1956, pointing out that the statute was enacted by the parliament pursuant to the ratification and signing of the international convention for the suppression of immoral traffic in persons and the exploitation of the prostitution of others at new york on 9 th may, 1950. .....

Independent Thought Vs. Union of India

Court : Supreme Court of India

..... the protection of human rights act, 1993 defines human rights in section 2(d) as meaning the rights relating to life, liberty, equality and dignity of the individual guaranteed by the constitution or embodied in international covenants and enforceable by courts ..... not a viable option and would ultimately be for parliament to decide; (iv) to bring the pocso act in consonance with exception 2 to section 375 of the ipc this is also not a viable option since it would require not only a retrograde amendment to the pocso act but also to several other pro-child statutes; (v) to read exception 2 to section 375 of the ipc in a purposive manner to make it in consonance with the pocso act, the spirit of other pro-child legislations and the human rights of a married girl child. ..... of the more important legislations on the subject of protective rights of children is the prohibition of child marriage act, 2006 (for short the pcma ). ..... to make conjugal relations, often shows signs of post-traumatic stress and depression owing to sexual abuse by her 40 a statistical analysis of child marriage in india, based on census, 2011 (published by young lives and national commission for protection of child rights(ncpcr), june 2017, new delhi 41 a statistical analysis of child marriage in india, based on census, 2011 (published by young lives and national commission ..... age eighteen was substituted for fifteen by act 5 of 2009 ..... is well settled that the courts do not substitute their views on what the policy is. 57. .....

Shri Dilip K. Basu Vs. State of West Bengal and Ors.

Court : Supreme Court of India

..... has been reiterated in the annual report for the year 2010-2011 of nhrc in the following words: 15.1 section 21 of the protection of human rights act, 1993 as amended in 2006, stipulates constitution of state human rights commissions (shrcs) in all the states ..... of the legislation and the provisions of section 21 (supra) in the light of the above principles, the following broad features emerge prominently: that the act is aimed at providing an efficacious and transparent mechanism for prevention of violation of human rights both at national level as also at the state level; that the national human rights commission is vested with the powers and functions set out in chapter-iii of comprising sections 12 to 16 of the protection of human rights act, 1963. ..... pradesh, mizoram, arunachal pradesh, meghalaya, tripura and nagaland shall within a period of six months from today set up state human rights commissions for their respective territories with or without resort to provisions of section 21(6) of the protection of human rights act, 1993.2. ..... in relation to the jammu and kashmir human rights commission, this sub-section shall have effect as if for the words and figures list ii and list iii in the seventh schedule to the constitution , the words and figures list iii in the seventh schedule to the constitution as applicable to the state of jammu and kashmir and in respect of matters in relation to which the legislature of that state has power to make laws had been substituted. ..... ) new delhi .....

The Secretary to Government Social Welfare and Nutritious Meal Program ...

Court : Chennai

..... by virtue of protection of human rights (amendment) act, 2006, w.e.f. ..... in terms of section 17 of the act, the commission while inquiring into the complaints of violations of human rights, can call for information or report from the government or any other authority subject to the exception provided for. ..... 13.09.2006, section 18 stood amended and it specifically provided for recommendation to the concerned government to make payment for compensation or damages, to initiate proceedings for prosecution among other things. ..... in terms of section 13 of the act, the commission shall, while inquiring into complaints shall have all the powers of a civil court trying a suit under the code of civil procedure including the power to summon and enforce the attendance of witnesses and examine them on oath; receive evidence on affidavits; issue commissions for the examination of witnesses or documents among other things. ..... a complaint was lodged by the second respondent before the inspector of police, mathur police station and a case was registered against tmt.rukku and tmt.baby in crime no.54/2000 for offence under section 304 ipc. ..... in terms of section 14, the commission may for the purpose of conducting any investigation utilize the services of any officer or investigation agency of the central government or state government with the concurrence of the respective government as the case may be. 12. .....