Court : Supreme Court of India
..... . specifically, in this regard, the peculiar duties and responsibilities cast on the dvc by section 12 of the act of 1948 had been highlighted before the parliamentary standing committee. it had been urged before us that it was recommended by the parliamentary standing committee ..... beas 12 2018 (7) scale10644 management board (bbmb) and also the corporation had requested for exemption from the operation of the provisions of 2003 act citing the peculiar, sensitive and specialised nature of task that such bodies have been entrusted by the statutory enactments constituting and governing the said bodies/organizations ..... regional offices, administrative and other technical centres, etc.; and (ii) pension and gratuity contribution; (iii) revenue to be allowed to the dvc under the dvc act; (iv) operation and maintenance expenses; (v) generation projects presently not operating. (v) debt equity ratio 9. three substantial questions of law would seem to .....
Tag this Judgment!Court : Supreme Court of India
..... contention was that parliament was wholly conscious of the environmental concerns impacted on account of mining activity, which concern is reflected in section 4a of the mmdr act. this provision provides for termination of prospecting licenses or mining leases on account of expediency in the interest of, inter alia, reservation of the natural environment ..... section 4(1a) no person shall transport or store or cause to be transported or stored any mineral otherwise than in accordance with the provisions of this act and the rules made thereunder. section 23-c (1) the state government may, by notification in the official gazette, make rules for preventing illegal mining, ..... case any vehicle is found transporting sand to the neighbouring state even with authorized royalty pass or delivery challan, it shall be treated as violation of the act and the rules made thereunder and the penal provisions, except compounding, as specified therein shall be applicable. 4) this led the respondents to amend the .....
Tag this Judgment!Court : Supreme Court of India
..... intention was that such transfers, which otherwise would pass muster as genuine transactions and therefore would have the effect of defeating the object of the act as contained in particular in section 3 and the chapter relating to distribution of surplus land should be rendered ineffective. the same is the position ..... the peasantry of the state of maharashtra (and in particular, to provide that landless persons are given land for personal cultivation), on the commencement of this act, there shall be imposed to the extent, and in the manner hereinafter provided, a maximum limit (or ceiling) on the holding of agricultural land throughout ..... or controlled by the state, be granted to such corporations or company; and for matters connected with the purposes aforesaid 2. chapter iii of the said act made provisions restricting transfers and acquisitions and the consequences of contraventions. the relevant sections falling in the chapter are reproduced hereunder: section 8 - restriction on transfer .....
Tag this Judgment!Court : Supreme Court of India
..... given to allottees of flats/apartments are therefore concurrent remedies, such allottees of flats/apartments being in a position to avail of remedies under the consumer protection act, 1986, rera as well as the triggering of the code.32. we, therefore, reject the submissions advanced by the appellant and answer the questions raised ..... to provide for better redressal, mechanism through which cheaper, easier, expeditious and effective redressal is made available to consumers. to serve the purpose of the act, various quasi-judicial forums are set up at the district, state and national level with wide range of powers vested in them. these quasi-judicial forums ..... therewith contained in any other law for the time being in force.20. the question whether the remedies available to the consumers under the provisions of the cp act would be additional remedies, was considered by this court in some cases, the notable cases being:- i) in secretary, thirumurugan cooperative agricultural credit society vs. .....
Tag this Judgment!Court : Supreme Court of India
..... the reply were: (a) terms of reference of the committee ( terms of reference ); (b) sections 18 and 37 of the government of national capital territory act, 1991 ( gnctd act ); and (c) fresh summons issued to mr. ajit mohan ( second impugned summons ) under rule 172 of the rules of procedure and conduct of business ..... of intermediaries like facebook squarely fell within the exclusive authority of union of india; in exercise of which the parliament had enacted the information technology act, 2000 ( the it act ). not only that, the subject of law and order in the nct of delhi was stated to fall within the exclusive domain of the ..... elections with allegations of supposed interference by russia allegedly facilitated by platforms like facebook. last year, the eu formulated legislative proposals namely the digital services act and digital markets act, setting out rules for platforms to follow.8 8 news media and digital platforms mandatory bargaining code bill, 2020 was formulated by australia; see .....
Tag this Judgment!Court : Supreme Court of India
..... company limited ....appellant(s) versus maharashtra electricity regulatory commission & ors. . respondent(s) judgment indira banerjee, j.this appeal, under section 125 of the electricity act 2003, is against a judgment and order dated 27th april 2021 passed by the appellate tribunal for electricity, hereinafter referred to, in short, as aptel , ..... sector while protecting the interest of consumers. mr. rohatgi submitted that this is also consistent with the principles set out in section 61 of the electricity act, specifically sections 61(b) and (d) i.e., to conduct generation, transmission and distribution of electricity on commercial principles and at the same ..... action, the courts can devise a workable formula that advances the goals and objective of the legislation.138. mr. mukerjee submitted that, while the electricity act, 2003 does not have a specific provision on execution of decrees/orders by the regulatory commissions, regulatory commissions have been held to be courts . in .....
Tag this Judgment!Court : Supreme Court of India
..... that there is a need to classify diverse public utility contracts as a distinct class recognising the inherent public interest/importance to be addressed in the act. any public work must progress without interruption. this requires consideration whether a court s intervention in public works should be minimal. smooth functioning of ..... involving contract based infrastructure developments, public private partnerships and other public projects, involving huge investments; and changes required in the present scheme of the act so that specific performance is granted as a general rule and grant of compensation or damages for non-performance remains as an exception, the committee decided ..... union law & justice minister shri d.v.sadananda gowda here in new delhi. in its report the committee has recommended modifications in the specific relief act, 1963 for ensuring the ease of doing business. in the context of tremendous developments which have taken place since 1963 and the present changed scenario .....
Tag this Judgment!Court : Supreme Court of India
..... or meaning, hence we hold that the nature, scope and sweep of the power entrusted to the central government to cause exception or modification in a central act, state act or provincial act resembles the power 39 exercisable by it under section 67(2) and is subject to the same limitations. any attempt, if made to widen the scope ..... exception and if section 72(1) is dissected into parts for its better understanding, it reveals that: (i) when a body corporate constituted under a central act, state act or provincial act for the existing state of punjab or for any part thereof, (ii) serves the needs of the successor states or by virtue of reorganization of the state ..... 72 clearly points out that the parliament was making the provision in section 72 with regard to the bodies corporate which had been constituted under a central act, state act or provincial act and that is why the legislative authority for making a law in respect of these bodies corporate was not specified. it may be for the reason .....
Tag this Judgment!Court : Supreme Court of India
..... 1,000/ , rs.5,000/ or 38 rs.10,000/ , issued by the reserve bank of india immediately before the commencement of the said act. the said act also stated in section 3 that on the expiry of the 16th day of january, 1978, all high denomination bank notes shall, notwithstanding anything contained ..... ...192. recently, the constitution bench of this court in the case of rojer mathew (supra) considered the question, as to whether section 184 of the finance act, 2017, which does not prescribe qualifications, appointment, term and conditions of service, salary and allowances, etc. suffers from the vice of excessive delegation. rejecting the ..... disposal, use or consumption of gold. [emphasis supplied].165. it can be seen that under clause (b) sub-section (2) of section 5 of the gold (control) act, 1968, the administrator was conferred with the power to regulate by licences, permits or otherwise, the manufacture, distribution, transport, acquisition, possession, transfer, disposal, use or consumption .....
Tag this Judgment!Court : Supreme Court of India
..... property and the environment. however, the national environment tribunal, which had a very limited mandate, was not established. the 20 national environment appellate authority act, 1997 was enacted to establish the national environment appellate authority to hear appeals with respect to restriction of areas in which any industries, operations or processes ..... or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards under the environment (protection) act, 1986. the national environment appellate authority has a limited workload because of the narrow scope of its jurisdiction.5. taking into account the large number ..... the quality of environment.........". section 5 clothes the central government or its delegate with the power to issue directions for achieving the objects of the act. read with the wide definition of "environment" in section 2(a), sections 3 and 5 resply clothe the central government with all such powers .....
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