Court : Supreme Court of India
Decided on : Jun-12-2020
..... establishment. the impugned notifications have the effect of completely negating the statutory provisions under the industrial disputes act, 1947. the respondent should not compel the employers to pay the wages for lockdown period but instead should utilise the funds collected by employees state ..... payment of wages. the central government has the power to allocate funds for 6 emergency response, relief, rehabilitation, mitigation of disasters under disaster management act. the ultimate onus for any compensation towards workers shall ultimately be of government and the said liability cannot be shifted upon the employers in the private ..... (i.e. w.p.(civil) diary no.10981/2020) have been filed by different employers, employers associations questioning the orders issued under disaster management act, 2005 and other consequential orders issued by different states where directions have been issued that all the employers be it in the industries or in the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-04-2020
..... to another company by name, sarvadnya industries private limited, and that a bank 6 by name, janata sahkari bank limited, pune had taken possession of the same under the sarfaesi act; and (iv) that even the advertisement issued by the resolution professional on 30.03.2018 inviting expression of interest, was vitiated in as much as the invitation contained therein was ..... . it was not his case at all that the resolution plan was 19 submitted by the sra after the last date, but the same was predated by the resolution professional acting in collusion.32. it appears from the impugned order of nclat that only in the course of hearing of the appeal, the date 09th february 2019 type written at the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-02-2020
..... 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
Decided on : Dec-18-2020
..... limited . respondent(s) judgment a.s. bopanna, j.1. the petitioner has instituted this petition under section 11(5) of the arbitration and conciliation act, 1996 ( act, 1996 for short) seeking appointment of a sole arbitrator for resolving the disputes that have arisen between the parties in relation to the sub lease deed dated ..... for arbitration needs elaboration to consider the arbitrability of the dispute relating to lease/tenancy agreements/deeds when such lease is governed by transfer of property act, 1882 ( tp act for short) and iron out the creases on the legal aspect. the learned counsel for the petitioner asserts 6 that the tenancy in the instant ..... it was clearly indicated that non arbitrability is in respect of tenancy governed by special statutes, still upheld the order rejecting the application under section 8 of act, 1996 seeking reference to arbitration.10. the observations contained in para 23 and 24 of himangni enterprises (supra) has brought within its sweep the non .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jan-06-2020
..... of any well-being of the minority by omission or commission, shall ordinarily be binding upon the state government. 6. the west bengal school service commission act, 1997 ( 1997 act , for short) was enacted to provide for the constitution of regional school service commissions and a central school service commission in the state and for matters ..... some such legislations are found referred in paras 81 and 82 of s.b. sinha, j. s opinion in islamic academy. 34. in kanya junior high school, bal vidya mandir, etah, u.p. v. u.p. basic shiksha parishad, allahabd, u.p. and others29 one of the issues that arose was whether the school ..... bench have given rise to the present set of appeals wherein number of intervention applications have also been filed. statutory provisions4 the west bengal board of madrasah education act, 1994 was enacted to establish a board of madrasah education in west bengal and to provide for matters connected therewith or incidental thereto. the expressions madrasah , .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-02-2020
..... a private individual, is limited in its ability to contract by the constitution. the federal contracting power is based upon the constitution's authorisation of these acts 'necessary and proper' to the carrying out of the functions which it allocates to the national government. unless the objectives sought by terms and conditions in ..... be applied with regard to what is just and reasonable. it is significant that parliament refrained from legislating over the whole field of contract. after this act, in commercial matters generally, when the parties are not of unequal bargaining power, and when risks are normally borne by insurance, not only is the ..... permitted to make a representation and later on wriggle out of its obligation. it is not permissible to make a misrepresentation . under section 19 of the contract act, when consent is obtained by coercion, fraud, or misrepresentation,' the agreement is voidable at the option of the aggrieved party. in central inland water transport corporation .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Mar-06-2020
..... respect of majority of the landowners in a notification (for acquisition) [i.e. proviso to section 24 (2)]. compensation is payable 183 in terms of the new act, i.e., act of 2013.197. for the aforesaid reasons, considering the placement of the proviso, semi-colon having been used at the end of section 24(2), considering the interpretation ..... 48 interpretation adopted by this court in velaxan kumar (supra) should be accepted. rajive chowdhurie huf (supra)52, it was argued, while interpreting section 24 of the act of 2013 act, the court should not in the guise of an interpretative exercise don the cap of a legislature. it was submitted as to the state s argument that the ..... , learned counsel urged, is to provide for 19 a transitory provision viz. to take care of the pending land acquisition proceedings which are ongoing under the la act when the act of 2013 is brought into force w.e.f. 1.1.2014. the purpose and object of making this provision is to balance the competing rights of public .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jun-29-2020
..... which but for the existence of the aforementioned circumstances, the tax would have been leviable on such goods under section 5 or madhya pradesh act haryana act section 6 section 7 every dealer who in the course of his business purchases any taxable goods, in circumstances in which no tax ..... s., special commissioner and distilleries limited, commr. of commercial taxes, rayala towers, iind floor, chepauk, chennai 5. 781-85 anna salai, chennai-2.-.-------------------------------------------------------------------------------- acts cell ii/6914/2002, dt. 28.1.2002 sir, sub : tngst act1959 clarification on rate of tax for purchase of old/used bottles for filling ..... state enactments had been different on material particulars; and it is apparent that for difference in phraseology, interpretation of one particular state sales tax act cannot be ipso facto 56 imported for interpreting another enactment. learned senior counsel for the assessee has endeavoured to persuade us that the observations made .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-13-2020
..... directed by this hon ble court.2. the trustee shall delegate his powers of administration under section 18(2) of the travancore-cochin hindu religious institutions act, 1950 (the act ) to a committee (the administrative committee ) which shall administer the temple through an executive officer to be appointed by the committee.3. the ..... liable to be questioned in any court of law. re-vest shall title and in 19. the parliament enacted the rulers of indian states (abolition of privileges) act, 1972 ( 1972 act , for short) to amend certain enactments civil appeal no.2732 of 2020 (arising out of slp(c)no.11295 of 2011) etc. sri marthanda varma ..... of kerala, as evidenced by later amendments making specific provisions in relation to sree padmanabhaswamy temple and its administration. chapter ii of part i of the act deals with the travancore devaswom board, section 2(c) defines the incorporated and unincorporated devaswom, which says that incorporated devaswoms means the devaswoms mentioned in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-14-2020
..... of this court by a division bench reference order dated 26.07.2019, dealing with the interpretation of section 65b of the indian 1 evidence act, 1872 ( evidence act ) by two judgments of this court. in the reference order, after quoting from anvar p.v. v. p.k. basheer & ors. ..... statements are called oral evidence; (2) all documents including electronic records produced for the inspection of the court; such documents are called documentary evidence. the evidence act also declares that the expressions certifying authority , electronic signature , electronic signature certificate , electronic form , electronic records , information , secure electronic record , secure ..... applied, in criminal trials, till appropriate directions are issued under relevant terms of the applicable licenses, or under section 67c of the information technology act, which reads as follows: 67c. preservation and retention of information by intermediaries. (1) intermediary shall preserve and retain such information as may be .....
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