Court : Supreme Court of India
Reported in : AIR2005SC3820; 2005CriLJ3950; 122(2005)DLT194(SC); (2005)11SCC600
..... in carrying out the attack and afzal thereafter going to srinagar and bringing some other militants who were pak nationals and who brought with them arms and explosives and they being accommodated at a-97, gandhi vihar and afzal and mohammed making preparations for the attacks. he then stated about the change of his ..... during the pre-independence days, the illustration to section 121 itself makes it clear that 'war' contemplated by section 121 is not conventional warfare between two nations. organizing or joining an insurrection against the government of india is also a form of war. 'insurrection' as defined in dictionaries and as commonly understood ..... the competent authority. it is submitted that in relation to the union territory, only central government is competent. delhi being a union territory known as the national capital territory of delhi with effect from the date of commencement of the constitution (69th amendment act), the central government alone is the competent authority to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2013)1SCC223
..... in a composite compartment are quoted below: -"8(1) an institution must fulfill all the prescribed conditions pertaining to norms and standards as prescribed by national council for teacher education for conducting course or training in teacher education. these norms, inter-alia, cover conditions relating to financial resources, accommodation, library, ..... and after fulfilling the conditions under sub- regulation (10), shall formally inform the regional committee concerned that the faculty has been appointed as per national council for teacher education norms and has been approved by the affiliating body. the letter granting approval for the selection or appointment of faculty shall ..... is built.3. importance of teachers and their training, significance of qualified teachers in schools and colleges and their centripodal role in building of the nation have been highlighted in ahmedabad st. xavier's college society v. state of gujarat [(1974) 1 scc 717], andhra kesari educational society v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC320; JT1991(6)SC184; 1991(2)SCALE844; (1991)4SCC699; [1991]Supp2SCR1
..... amendment to the commonwealth constitution for (a) extending the security of tenure provided by section 72 to all judges in australia, and (b) establishing a national judicial tribunal to determine whether facts found by that tribunal are capable of amounting to misbehaviour or incapacity warranting removal of a judge from office.(mclelland ' ..... others enjoying the immunity by necessary implication arising from established jurisprudential principles involved in the constitutional scheme. it was observed by this court in smt. indira gandhi v. raj narain, : [1976]2scr347 , that rigid separation of powers as under the american constitution or under the australian constitution does not apply to ..... rigid separation of powers between the executive, legislature and judiciary (as has been observed by this court on many occasions including at page 415 in smt. indira gandhi v. raj narain, : [1976]2scr347 , referred to above in paragraph 9. reference has been made by p.h. lane in his commentary on the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2013(1)SCJ513; 2013(1)KLT51(SN); AIR2013SCW706; AIR2013SC726
..... one or in a quasi-judicial capacity, must be determined in each case, on an examination of the relevant statute and rules framed thereunder. this court in indian national congress (i) v. institute of social welfare and others (2002) 5 scc 685, while dealing with the powers of the election commission of india under the ..... well, where the views of the chief justice of the high court has primacy, since the tribunal is exercising judicial powers and performing judicial functions.appointment to the national and state consumer redressal commisions:54. this court in ashish handa, advocate v. honble the chief justice of high court of punjab and haryana and others ..... president of the state commission under section 16 of the consumer protection act once again came up for consideration. after referring to ashish handa, ashok tanwar and national consumer awareness group it was held in paragraph 153 of the report that the process of selection must be initiated by the high court. it was observed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365
..... prejudice public security, those arguments give no sanction to giving the executive an exclusive power to determine what matters may affect public interest. once considerations of national security are left out, there are few 'matters of public interest which cannot safely be discussed in public. the administration itself knows of many classes of ..... has certainly been prejudiced by the said order. the petition under article 226 of the constitution at his instance, therefore, is maintainable.(emphasis added).963. in adi pherozshah gandhi v. h.m. seervai. advocate general of maharashtra, bombay : [1971]1scr863 , the expression 'person aggrieved' found in section 37 of the advocates act, 1961 ..... system (see ramjawaya kapur v. state of punjab : [1955]2scr225 . a sanjeevi naidu v. state of madras : [1970]3scr505 u.n.r. rao v. indira gandhi : air1971sc1002 . in the case of u.n.r. rao, the constitution bench held that article 74(1) was mandatory and, therefore, the president could not exercise the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(Supp.)Bom.C.R.925
..... 38, though not enforceable in any court, but nevertheless fundamental in governance, codifies a part what the preamble sets forth as the goal of the nation i.e. national development as both a process and a situation in which conditions of complete justice prevail. these conditions are essential for maintenance of social order in ..... bench, the goi intervened in the proceedings as it had been realized that it had a vital stake because the dispute involved issues that could affect national development, national interest and also goi's revenues.49. the division bench disposed off the appeals of ril and rnrl by its order and judgment dated 15.06 ..... they have the responsibility of ensuring that they exercise their permanent sovereignty, through their elected government, in order to achieve a broad set of goals that constitute national development. while revenue generation is one part of those objectives, that cannot be the only objective of india. timely utilization, by users spread across many .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC578; (1961)ILLJ339SC; (1964)ILLJ9SC; [1959]1SCR12
..... of protection against the risk of sickness or disability, dismissal or retirement. in brazil, professional journalists, who must be of brazilian birth and nationality, enjoy very considerable tax exemptions. 'in france, the law of 29 march, 1935, conferred on journalists substantial advantages which at the time ..... on technical resources, financial strength, reasonable access to sources of information at home and abroad, and the necessary facilities for bringing information to the national market. the press must grow to the measure of this market.' (p. 228). ..................................................185. there is paucity of authority in india on ..... when it is equal to the predominant rate for similar work throughout the country and in the generality of trades.' ............................................72. 'the indian national trade union congress.... is of the opinion that the wage fixed by collective agreements, arbitrators, and adjudicators could at best be treated, like the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC597; (1978)1SCC248; [1978]2SCR621
..... colonial subjections and authoritarian spells, the world has advanced because of gregarious men adventuring forth, taking with them their thoughts and feelings on a trans-national scale. this human planet is our single home, though geographically variegated, culturally diverse, politically pluralist, in science and technology competitive and cooperative, in arts ..... the country and thereby hamper the functioning of the commissions of inquiry. according to the government, the petitioner being the wife of shri sanjay gandhi, there was likelihood of the petitioner being questioned regarding some aspects of the commission. in the counter affidavit it was further alleged that there ..... the constitution and elevated to the status of fundamental rights. the long years of the freedom struggle inspired by the dynamic spiritualism of mahatma gandhi and in fact the entire cultural and spiritual history of india formed, the background against which these rights were enacted and consequently, these rights .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2013(1)SCALE7; 2013(1)SCJ1; 2013(1)KLT46(SN); AIR2013SCW671; AIR2013SC693
..... values and justice jeopardizing sustainable development. corruption de-values human rights, chokes development, and corrodes the moral fabric of society. it causes considerable damage to the national economy, national interest and the image of the country. (vide: vineet narain & ors. v. union of india & anr., air 1998 sc 889; state of madhya ..... disproportionately by diverting funds intended for development. corruption generates injustice as it breeds inequality and become major obstacle to poverty alleviation and development. united nation convention against corruption, 2003, envisages the seriousness and magnitude of the problem. december 9 has been designated as international anti-corruption day. india ..... kali dass batish & anr., air 2006 sc 789; andhra bank v. andhra bank officers & anr., air 2008 sc 2936; and union of india v. r. gandhi, president, madras bar association, (2010) 11 scc 1).10. in chandramouleshwar prasad v. the patna high court & ors., air 1970 sc 370, this court held .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2010(1)SC396; 2010(1)SCALE281
..... ...object is to maintain them as little unconnected communities which might develop into different groups from the rest of the country... and that these tribes should be absorbed in the national life of the country.5. in exercise of the powers conferred by paragraph 6(i) of the fifth schedule to the constitution of india, the president of india made an ..... country and the people. it might happen that in far-flung and remote areas the population inhabiting those areas might, on account of their being put of the mainstream of national life and in view of conditions peculiar to and characteristical to them, need to be treated in a different way, some relaxation in this strict rule may become imperative. in .....
Tag this Judgment!