Court : UK Supreme Court
..... between the european framework decision operating at an inter-government level and the united kingdom's domestic legislation in the form of the extradition act 2003. the act was introduced to give effect to the framework decision. there are two different bases upon which this may be relevant. the first ..... arson, - crimes within the jurisdiction of the international criminal court, - unlawful seizure of aircraft/ships, - sabotage. 3. the council may decide at any time, acting unanimously after consultation of the european parliament under the conditions laid down in article 39(1) of the treaty on european union (teu), to add other categories of offence ..... they are defined by the law of the issuing member state, shall, under the terms of this framework decision and without verification of the double criminality of the act, give rise to surrender pursuant to a european arrest warrant: - participation in a criminal organisation, - terrorism, - trafficking in human beings, - sexual exploitation .....
Tag this Judgment!Court : Supreme Court of India
..... affairs.15. the importance of training cannot be over-emphasized. it is vital for understanding and appreciating child rights and for the effective implementation of the jj act. all authorities such as jjbs and cwcs, probation officers, members of the child protection societies and district child protection units, special juvenile police units, child welfare ..... importance of training can be appreciated from the allegations made before the patna high court in the matter of letter of sanat kumar sinha (chief co-ordinator), bal sakha v. the state of bihar through the chief secretary, govt. of bihar and ors.6 it was alleged in that case that a child was ..... the chief justice of every high court to register proceedings on its own motion for the effective implementation of the juvenile justice (care and protection of children) act, 2015 so that road-blocks if any, encountered by statutory authorities and the juvenile justice committee of the high court are meaningfully addressed after hearing the .....
Tag this Judgment!Court : Supreme Court of India
..... are, however, left to bear their own costs. 218. it is also relevant to note that although the high court in its judgment has held that both 1957 act and 1927 act operate in different fields. however, it had also made observations that imposing fee by fixing tonnage and cubic meter as unit had entered into regulation and control, which ..... 50, whereas the governor uttar pradesh, is of the opinion that the making of enquiry and record contemplated under sub section(3) of section 29 of the indian forest act 1927(act no.xvi of 027), will occupy such length of time as in the meantime to endanger the rights of the state government, now therefore, in exercise of the ..... to make and has made. 91. this court further held that intention of the parliament was to cover the entire field. the court held that after enactment of 1957 act, 1952 act shall disappear. this court, thus, upheld the demands which were raised for the period upto june, 1958.92. there cannot be any dispute to the proposition as laid .....
Tag this Judgment!Court : Supreme Court of India
..... laws have been certified by the registrar of trade unions in exercise of the statutory power. clause 4, as is demonstrable, violates section 21 of the act, for the act has not made any distinction between 27 90 men and women. had it made a bald distinction it would have been indubitably unconstitutional. the legislature, ..... and harmony. muslims of the sunni sect constitute its majority. on the issue in hand, it has the following legislation in place: islamic family law act 1984 act 304 of 1984 article 47. (1) a husband or a wife who desires a divorce shall present an application for divorce to the court in the ..... british rule, they did not interfere with certain fundamental personal laws. they have enacted the registration act, the limitation act, the civil procedure code, the criminal procedure code, the penal code, the evidence act, the transfer of property act, the sarda act and various other acts. they have been imposed gradually as 151 occasion arose and they were intended to make the .....
Tag this Judgment!Court : Supreme Court of India
..... in the united kingdom, and was used to prosecute homosexuals where sodomy could not be proven. in 1895, oscar wilde was arrested under the act for committing acts of gross indecency with male persons .26 during wilde s trial, the prosecutor, referring to homosexual love, asked him, what is the love ..... the process through which a society matures and imbibes constitutional morality is gradual, perhaps interminably so. hence, constitutional courts are entrusted with the duty to act as external facilitators and to be a vigilant safeguard against excesses of state power and democratic concentration of power. this court, being the highest constitutional court ..... stultify the spirit of the constitution. accordingly, the constitutional courts, while viewing the constitution as a transformative document, have ardently fulfilled their obligation to act as the sentinel on qui vive for guarding the rights of all individuals irrespective of their sex, choice and sexual orientation.99. the purpose of .....
Tag this Judgment!Court : Supreme Court of India
..... . (emphasis supplied) 47. the court proceeded to take the view that having regard to the applicability of the indian law namely the contract act, negotiable instrument act, the 48 extinction of remedy under the portuguese law cannot but be deemed to be impliedly repealed. it was further held that having regard ..... to be registered. they included transfers of immovable property gratuitously, onerously and all transmission of properties or corporeal immovable property and mere possession were acts which were subject to registration under article 949. article 960 is also relied upon which provides that the registration record is also to be maintained ..... respectively. the situation thus emerges having regard to the two regulations noticed hereinbefore (regulation 11 and regulation12) that both the negotiable instruments act and the contract act together with some other statutes have been made applicable to the state by appropriate legislative authority. the promissory note signed by respondent 1 .....
Tag this Judgment!Court : Supreme Court of India
..... be maintained with respect to the enforcement of the bank guarantee. 1.7 indo unique filed an application under section 8 of the arbitration and conciliation act, 1996 ( arbitration act ) in civil (commercial) suit no.62 of 2017, seeking reference of disputes to arbitration. global mercantile opposed the application under section 8 as ..... no agreement to do anything. existence of an arbitration agreement means an arbitration agreement that meets and satisfies the statutory requirements of both the arbitration act and the contract act and when it is enforceable in law. we would proceed to elaborate and give further reasons : (i) in garware wall ropes ltd., this ..... that the arbitration agreement is separate and independent from the substantive underlying contract in which it is embedded. equally, an arbitration agreement exists and can be acted upon irrespective of whether the main substantive contract is valid or not. the court of appeal in the seminal decision rendered in fiona trust & holding .....
Tag this Judgment!Court : Supreme Court of India
..... accident. the proceedings under the consumer protection act, being summary in nature, the commission was not required to go into the technicalities of criminal or civil 1 (1971) 3 scc93014 jurisprudence. the impact of ..... the driver has confessed to his guilt under section 279. the result of the other two offences (sections 427 of the ipc and 185 of the mv act was not made available). the state commission also found it fit to apply the principle of res ipsa loquitur, having regard to the circumstances surrounding the ..... president gave affidavit evidence. the investigator also gave his affidavit evidence affirming his reports. 7 pleadings7 in the complaint filed under section 17 of the consumer protection act, 1986, we may notice the allegations, which are relevant: the exclusion clause is not applicable as the person driving the vehicle had not consumed any alcohol .....
Tag this Judgment!Court : Supreme Court of India
..... all the inputs used to produce the output supplies; (v) the word inputs in section 54(3) first proviso (ii) cannot be restricted to goods because the cgst act/ sgst act treats goods as services. for instance, transfer of right in goods without transfer of title is deemed as supply of services as per clause 1(b) of schedule ii, ..... under article 279a(4) of the constitution take effect only after they have been incorporated in the legislation passed by the parliament or the state legislature. the cgst act and sgst act have been enacted on the recommendations of the gst council, in exercise of the power under article 279a, while the cgst rules have been framed on the recommendations ..... utilisation on both goods and services. d.1.2 part ii- interpretation of section 54(3) (i) the structure of section 54(3) is as follows:10. sgst act 11 igst act 12 part d (a) the opening clause permits a registered person to claim refund of any unutilised itc at the end of any tax period. (b) the main clause .....
Tag this Judgment!Court : Supreme Court of India
..... of this court. the matter in issue was the validity of sections 55 and 67 of the bombay town planning act (act 27 of 1955). the high court had declared the provisions violative of article 31(2) of the constitution. this court ..... to property is now considered to be not only a constitutional right but also a human right. interpretation of the act 57. the act being regulatory in nature as by reason thereof the right of an owner of 117 property to use and develop ..... the impact of sections36and37...................................................... 95 is the impugned rule/regulation bad for the reason that it is contrary to the mandate of section39of the act?. ................ 100 the impact of sections48to55....................................................... 108 the rights regime ................................................................................ 114 down memory lane .............................................................................. 134 pt. chet ram vashist (dead) by .....
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