Court : Supreme Court of India
..... finding that the effect of dumped imports in the absence of provisional duty would have led to injury, the anti- dumping duty may be levied from the date of imposition of provisional duty; (b) in the circumstances referred to in sub-section (3) of section 9a of the act, the antidumping duty may be levied retrospectively from the date commencing ninety days prior to the imposition of such provisional duty: provided that no duty shall be levied retrospectively on imports entered for ..... 2018, directing the designated authority to consider the applications dated 5 18.10.2016 and 02.12.2016 afresh, after evaluation of the entire information placed before him in accordance with the provisions of the customs tariff act, 1975 and the rules of 1995, more particularly rules 2(b) and 2(d) of the rules of 1995 and pass appropriate orders within a time frame. ..... (2005) 3 scc33715 the right of exporters from other countries to sell their products within the country with the interest of the domestic ..... it was argued lastly that the choice of an officer acting as da is left to the discretion of the central government and the circumstance that the incumbent to that office sought to "enlarge the period of investigation was not a justifiable reason for directing his ..... telangana high court, complaining that its two applications, dated 18.10.2016 and 02.12.2016 had not been duly considered in accordance with provisions of the customs tariff act, 1975, especially rules 2(b) and 2(d) of the rules of 1995. .....
Tag this Judgment!Court : Supreme Court of India
..... , institutions, norms and community commitment that envisages accountability of government and private actors alike under the law; the laws must be just, clear, publicized and stable and applied evenly, protect fundamental rights and human rights; open government meaning thereby the processes by which the laws are enacted, administered and enforced are accessible, fair and efficient; and accessible justice to include ..... grade-ii shall be grade-iii shall be regulated and controlled, regulated and controlled, ensuring l that it does not ensuring l that it does not mar the grandeur of, or mar the grandeur of, or view from heritage view from heritage grade-ii grade-iii nothing mentioned above should be deemed to confer a right on the owner /occupier of the plot to demolish or reconstruct or make alterations top his heritage building/buildings in a ..... recognised that right to information was traceable from article 19(1)(a) even before the 2005 act came into force and observed thus: ..... of our constitution was the invalidation of social welfare legislation in the us on the anvil of the due process clause on the ground that it violated the liberty of contract of men, women and children to offer themselves for work in a free market for labour ..... outsourced from ndmc supply for ..... by our founding fathers as an ideal model in light of the domestic socio-economic set-up ..... water domestic ..... various domestic examples were also cited including of national war memorial and indira gandhi national center for arts - to .....
Tag this Judgment!Court : Supreme Court of India
..... husband petitioning for dissolution of marriage, the wife on 13th november, 2006 submitted a complaint of domestic violence in which the superior court of washington, kent directed the husband to move out of the ..... at the same time, she filed a number of motions in the pending proceedings with regard to domestic violence; independent occupation of the matrimonial home, at the same time demanding that the husband bears half of the mortgage of the family home and other expenses ..... order the husband to go through a further domestic violence assessment was denied. ..... filed motion for continuance of trial, permanent relocation to india with the child and requesting the court to order the father to undergo domestic violence assessment. ..... of the main petition, an application under section12of the guardian and wards act read with section 151of the code of civil procedure, 1908 was filed by the wife/mother of the child praying for an ex-parte interim order restraining the respondent from removing the minot from her custody and for an order granting interim custody of the minot to ..... not deserve to be gone into by the courts in india and it would be in accord with principles of comity as well as on facts to return the child back to the united states of america from where he has been removed and enable the parties to establish the case before the courts in the native state of the child i.e. ..... child , the minot child, or anand ) was born on 5th june, 2005 in usa and, therefore, is a us citizen by birth. .....
Tag this Judgment!Court : Supreme Court of India
..... approval of the board; that the entity having accepted the said term as a condition for obtaining exclusivity is bound by the contractual obligation with the board and is now estopped from challenging the power of the board; that the objects and reasons of the act is to protect interests of the consumers and regard being had to the statutory context when an action is taken, no flaw could be found with the same; that sections 2(i), (m) and ..... board to make regulations qua transportation tariff and any other matter which is required to be or may be specified by the regulations or in respect of which provision is to be made by the regulations; that keeping in view the objective of the act, the regulations permit the board to fix the network tariff and the compression charges and the action of the board so fixing the network tariff and the compression charges cannot be interfered with; and ..... subsidized gas to the authorised entities to ensure that consumers do not have to pay a high cost for both piped natural gas (used for domestic purposes) and compressed natural gas (used for transportation) and has made it mandatory for the respondents to disclose the break up. ..... would defeat the obvious intention of the legislation and produce a wholly unreasonable result we must do some violence to the words and so achieve that obvious intention and produce a rational construction. ..... dealing with the issue of constitutional validity of prevention of food adulteration (eighth amendment) rules, 2005. .....
Tag this Judgment!Court : Supreme Court of India
..... the provisions of any federal law, trade, commerce and intercourse among the units shall, if between the citizens of the federation, be free: provided that nothing in this section shall prevent ny unit from imposing goods imported from other unit from imposing goods imported from other units any tax to which similar goods manufactured or produced in that unit are subject, so, however, as not to discriminate between goods so imported and goods so manufactured or produced: provided further ..... /2004, slp(c) no.11266/2004, slp(c) no.11271/2004, slp(c) no.11274/2004, slp(c) no.11281/2004, slp(c) no.11320/2004, slp(c) no.11326/2004, slp(c) no.11328/2004, slp(c) no.11329/2004, slp(c) no.11370/2004, slp(c) no.14380/2005, slp(c) no.1101/2007, slp(c) no.1288/2007, slp(c) no.6914/2007, slp(c) no.9054/2007, slp(c) no.10694/2007, slp(c) no.12959/2007, slp(c) no.13806/2007, slp(c) no.14070/2007, slp(c) no.14819/2007, slp(c) no.14820/2007 ..... ii. if a law can cover entry 52 and entry 54 of list ii, there is no reason to prohibit the state law making authority from having due regard to the tax burdens imposed on domestic goods and goods imported from other states under entry tax and sales tax legislation, taken as a composite ..... delineated. the consolidated fund of a state is a single unified account for the state and withdrawal of money from the same is protected by the requirement of passing an appropriation ..... unhindered. neither trade nor commerce can flourish amidst violence, unrest and social .....
Tag this Judgment!Court : Supreme Court of India
..... . the amicus has also cited the judgments of this court in acharya jagadishwarananda avadhuta (supra) to submit that in order to claim protection of the doctrine of essential religious practices, the practice to exclude women from entry to the sabarimala temple must be shown by the respondents to be so fundamental to the religious belief without which the religion will not survive ..... with reference to article 26, justice mukherjea reiterated the broad view taken by the court in shirur mutt that religious denominations had complete autonomy to decide which religious practices were essential for them: religious practices or performances of acts in pursuance of religious beliefs are as much a part of religion as faith or belief in particular doctrines 23 no outside authority has any right to say that these are not essential parts of religion and it is not open to the secular ..... state of rajasthan and others19 has been cited to submit that international conventions must be followed when there is a void in the domestic law or when there is any inconsistency in the norms for construing the domestic law. ..... ., 2005) [which translates raga maru, mehla 1 at p.1022 of the original text of sri guru granth sahib]. ..... ., 2005) [which translates raga asa, shaloka mehla 1 at p .....
Tag this Judgment!Court : Supreme Court of India
..... domestic help or indulging in domestic violence would certainly not be entitled to ..... the commissioner, a magistrate, police officer or reserve police officer or other person, or of a wrong alleged to have been 8 done by such commissioner, magistrate, police officer or reserve police officer or other person, by any act done under colour or in excess of any such duty or authority as aforesaid, or wherein it shall appear to the court that the offence or wrong if committed or done was of the character aforesaid, the prosecution or suit ..... being p.c.r no.17214 of 2013, in the absence of sanction under section 197 of the code of criminal procedure read with section 170 of the karnataka police act, 1963, as amended by the karnataka police (amendment) act, 2013, and if not, whether the high court should have quashed the impugned order of the magistrate concerned, instead of remitting the complaint to the magistrate concerned ..... (1) when any person who is or was a judge or magistrate or a public servant not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction- (a) in the case of a person who is employed or, as the ..... [(2005) 1 scc122 this court has held that the power under section 482 of the code should be used sparingly and with circumspection to .....
Tag this Judgment!Court : Supreme Court of India
..... response to the application, an affidavit dated 10th september, 2006 was filed by shri prem prashant, ias, chief secretary of haryana in which it was categorically stated that the provisions of the plp act have been taken recourse to from time to time for the protection of forests and forest land. ..... cutting of trees or timber or the collection or removal or subjection to any manufacturing process of any forest produce other than grass, flower, fruit and honey save for the bona fide domestic or agricultural purpose of right holders in the land provided that owners of the land may sell trees or timber after first obtaining a permit to do so from the divisional forest officer, faridabad forest division. ..... consequently, a communication dated 31st january, 2005 was issued by the forest department to the district town planner, faridabad to the effect that the land of the applicant was a closed area under the provisions of the plp act, and therefore non-forest use of the land was ..... mehta) sometime in october 2005 in which it was prayed that the decision rendered by this court on 18th march, 2004 is restricted only to mining activities and does not affect the construction activities carried out by the applicant, which it is entitled to in view ..... no.1901 of 2005 filed by the applicants (in ..... court and by a judgment and order dated 14th may, 2008 the application was dismissed.12 a three-judge bench of this court noted that the challenge was really to the communication dated 31st january, 2005. .....
Tag this Judgment!Court : Supreme Court of India
..... protection act, 1986 (68 of 1986); (ix) section 19 of the terrorist and disruptive activities (prevention) act, 1987 (28 of 1987); (x) section 10 of the special courts (trial of offences relating to transactions in securities) act, 1992 (27 of 1992); (xi) section 15z of the securities and exchange board of india act, 1992 (15 of 1992); (xii) section 18 of the telecom regulatory authority of india act, 1997 (24 of 1997); (xiii) section 53t of the competition act, 2002 (12 of 2003); (xiv) section 125 of the electricity act, 2003 (36 of 2003); (xv) section 24 of the national tax tribunal act, 2005 (49 of 2005 ..... or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the government of india; (c) the custody of the consolidated fund or the contingency fund of india, the payment of moneys into or the withdrawal of moneys from any such fund; (d) the appropriation of moneys out of the consolidated fund of india; (e) the declaring of any expenditure to be expenditure charged on the consolidated fund of india or the increasing of the amount of any such expenditure; (f) the receipt ..... the court held that though judicial review is a basic feature of the constitution, vesting of the power of judicial review in an alternative institutional mechanism would not do violence to the basic structure of the constitution so long as it was ensured that the alternative mechanism was an effective and real substitute for the high court. ..... domestic perception:30 .....
Tag this Judgment!Court : Supreme Court of India
..... of minerals without paying royalty in accordance with the quantities and grade; d mining in contravention of a mining plan; e transportation of raised mineral without lawful authority; f mining and transportation of raised mineral in contravention of applicable central and state acts and rules thereunder; g conducting of multiple trade transactions to obfuscate the origin and source of minerals in order to facilitate their disposal; h tampering with land records and obliteration of inter-state boundaries with a view to conceal mining ..... it appears from the averments in paragraph 14 of the writ petition that several lessees are operating without clearances under the environment (protection) act, 1986 and the forest (conservation) act, 1980, and without renewal by the government. ..... these will include works/projects related to livelihood intervention, health, water supply and sanitation, education, special programmes for development of women and children, entrepreneurial development of local people, communication and infrastructure projects and agro silvi-horticultural based livelihood projects through identified agencies/government departments. ..... in proforma b the lease holder was asked to submit details which included the details of dispatch, domestic consumption and export in million tonnes of iron ore and manganese ore from 2006-07 to 2010-11.38. ..... mehta two clarificatory circulars were issued by moef on 28th october, 2004 and 25th april, 2005. .....
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