Court : Supreme Court of India
Reported in : AIR1992SC1033; [1992]75CompCas12(SC); 1991CriLJ1391; JT1992(1)SC405; 1992(1)SCALE216; (1992)2SCC343; [1992]1SCR406
..... monetary regulations. the banks or non-banking institutions shall have to regulate their operations in accordance with, not only as per the provisions of the act but also the rules and directions or instructions issued by the rbi in exercise of the power thereunder. chapter 3b expressly deals with regulations of deposit ..... finance and investment co. ltd. and ors. etc., : [1987]2scr1 for short 'first peerless case' while holding that prize chits arid money circulation schemes (banning) act, 1978 does hot attract 'recurring deposits schemes', pointed out that the schemes harshly operate against the poor sections of the society who require security and protection; urgent action ..... premium, bonus or other advantages by whatever name called, accrued on the amount according to the terms of contract. section 45j and 45k of the act do not authorise the reserve bank of india to introduce a concept of liability which is contrary to the accepted commercial practice and trading principles. the impugned .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC187; 2007(2)BLJR3030; 2007(6)BomCR801; JT2007(11)SC484; (2008)1MLJ51(SC); 2007(11)SCALE630; (2007)8SCC559
..... jurisdictional fact exists, a court, tribunal or authority has jurisdiction to decide other issues. if such fact does not exist, a court, tribunal or authority cannot act. it is also well settled that a court or a tribunal cannot wrongly assume existence of jurisdictional fact and proceed to decide a matter. the underlying principle is ..... said to be a 'preliminary' or 'jurisdictional fact' and said fact would confer jurisdiction on the court to consider the question whether the provisions of the rent act were applicable. the question, however, is whether in the present case, the learned counsel for the appellant tenant is right in submitting that the 'jurisdictional fact' ..... the legislature as of necessity must have a lot of latitude in this regard. whether any particular category of tenants needs to be protected under the rent act is a matter of legislative determination. there is nothing arbitrary if such protection is taken away in case of certain categories of tenants having regard to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2006)205CTR(SC)193; [2006]286ITR89(SC); [2007(1)JCR1(SC)]; JT2006(12)SC121; 2006(9)SCALE320
..... has been shown by an employer in favour of an employee in the matter of rent respecting accommodation. thus, whereas 'charging provision' is found in the act of parliament [section 17(2)(ii)], 'machinary component' is in the subordinate legislation (rule 3). the latter will apply only after liability is created under the ..... aspects, it took a decision, it could not be said to be unlawful or unwarranted. the legislative policy had been reflected in section 17 of the act and the rule making authority, merely implemented the said policy on the basis of essential legislative functions performed by parliament. the court, therefore, negatived the contention ..... constitutionality and the burden is upon the person who attacks it to show that there has been transgression of constitutional principles. for sustaining the constitutionality of an act, a court may take into consideration matters of common knowledge, reports, preamble, history of the times, object of the legislation and all other facts which .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1982)3SCC24; 19831SCR145;
..... controversial area of death penalty, with all its complexity, vast implications and manifold ramifications, even all the judges sitting cloistered in this court and acting unanimously, cannot assume the role which properly belongs to the chosen representatives of the people in parliament, particularly when judges have no divining rod to ..... for fair-play of judicial discretion to take care of the variable, unpredictable circumstances of the individual cases, relevant to individualised sentencing. when judges, acting individually or collectively, in their benign anxiety to do what they think is morally good for the people, take upon themselves, the responsibility of ..... vicious and pernicious, which under the english common law were classified as crimes mala in se as distinguished from crimes mala prohibita crimes mala in se embrace acts immoral or wrong in themselves, such as, murder, rape, arson, burglary, larceny (robbery and dacoity); while crimes mala prohibita embrace things prohibited by .....
Tag this Judgment!Court : Supreme Court of India
..... , and taken appropriate action against such an advocate. under article 144 of the constitution "all authorities, civil and judicial, in the territory of india shall act in aid of the supreme court. the bar council which performs a public duty and is charged with the obligation to protect the dignity of the profession and ..... chamber by police officials for not passing an order they sought. this court held that, "the courts cannot be compelled to give "command orders". the act committed amounts to deliberate interference with the discharge of duty of a judicial officer by intimidation apart from scandalizing and lowering the dignity of the court and interference ..... tactics since long and highlighted all the details about them. (e) the entire incident was published in a local newspaper `mazdoor morcha' which necessitated action under the act against shri satish kumar, owner, publisher, printer and editor of the said newspaper.(f) based on the letter of the district & sessions judge as well as .....
Tag this Judgment!Court : Supreme Court of India
..... , and taken appropriate action against such an advocate. under article 144 of the constitution "all authorities, civil and judicial, in the territory of india shall act in aid of the supreme court. the bar council which performs a public duty and is charged with the obligation to protect the dignity of the profession and ..... chamber by police officials for not passing an order they sought. this court held that, "the courts cannot be compelled to give "command orders". the act committed amounts to deliberate interference with the discharge of duty of a judicial officer by intimidation apart from scandalizing and lowering the dignity of the court and interference ..... tactics since long and highlighted all the details about them. (e) the entire incident was published in a local newspaper `mazdoor morcha' which necessitated action under the act against shri satish kumar, owner, publisher, printer and editor of the said newspaper.(f) based on the letter of the district & sessions judge as well as .....
Tag this Judgment!Court : Supreme Court of India
..... 16, attempted to murder the father (informant) and mother who survived the attack with multiple injuries. there was no provocation or reason for committing this ghastly act at a time when the children were sleeping. there were several incised wounds (muscle deep or bone deep) caused to the deceased. considering the brutality, diabolic ..... harmonious coexistence. the court has to further enquire and believe that the accused condemned cannot be reformed or rehabilitated and shall continue with the criminal acts. in this way a balance sheet is to be prepared while considering the imposition of penalty of death of aggravating and mitigating circumstances and a just ..... peaceful and harmonious coexistence. the court has to further enquire and believe that the accused cannot be reformed or rehabilitated and shall continue with his criminal acts. thus a balance sheet is to be prepared in considering the imposition of death penalty of the aggravating and mitigating circumstances, and a just balance is .....
Tag this Judgment!Court : Supreme Court of India
..... unreasonable for the petitioner to entertain the plea that the arbitrator appointed by the respondent would not be impartial. the cmd itself would not be able to act independently and impartially being amenable to the directions issued by the ministry of defence. in similar circumstances, this court in the case of denel (proprietary) limited ..... the agreed procedure of referring the dispute to the named arbitrator, appoint an independent arbitrator in accordance with section 11(8) of the act. in other words, referring the disputes to the named arbitrator shall be the rule. the chief justice or his designate will have to merely reiterate the ..... northern railway admn., where there is material to create a reasonable apprehension that the person mentioned in the arbitration agreement as the arbitrator is not likely to act independently or impartially, or if the named person is not available, then the chief justice or his designate may, after recording reasons for not following .....
Tag this Judgment!Court : Supreme Court of India
..... interference and the present letter dated 05.05.2011 intending to cause embarrassment to the applicant and detract him from the ongoing investigation is clearly an act of interference that would jeopardize the ongoing investigation and thus hamper the petitioner from carrying out the directions of this hon ble court. 12 that ..... input, the directorate of enforcement had initiated discreet enquiries against m/s. sahara corporation and m/s. sahara india for alleged violation of foreign exchange management act, 1999. this investigation is handled by the present applicant, who made several enquiries with number of banks by issuing directives on 23.07.2010 and 28 ..... initiates the contempt proceedings in exercise of the powers conferred under article 129 read with article 142 of the constitution, irrespective of the provisions of the act and the rules to regulate proceedings for contempt of the supreme court, 1975. learned senior counsel placed considerable reliance on the judgment of this court in .....
Tag this Judgment!Court : Supreme Court of India
..... justice or his designate may, for reasons to be recorded ignore the designated arbitrator and appoint someone else. 31 b. in cases governed by 1996 act after the amendment act has come into force:- if the arbitration clause finds foul with the amended provisions, the appointment of the arbitrator even if apparently in conformity with ..... agreed procedure of referring the dispute to the named arbitrator, appoint an independent arbitrator in accordance with section 11(8) of the act. in other words, referring the disputes to the named arbitrator shall be the rule. the chief justice or his designate will have to merely reiterate the ..... northern railway admn., where there is material to create a reasonable apprehension that the person mentioned in the arbitration agreement as the arbitrator is not likely to act independently or impartially, or if the named person is not available, then the chief justice or his designate may, after recording reasons for not following the .....
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