Court : Supreme Court of India
..... of the dma2005 it is submitted by shri mehta, learned solicitor general that the statement of objects and reasons as well as the scheme of the act, the act envisages a statutory mechanism to deal with the disaster. it is submitted that so far as the national disaster management authority (ndma) is concerned, ..... section 33 provides for state disaster management plan. similar provisions are made with respect to district disaster management authority and the district plan. section 35 of the act provides for measures to be taken by the central government for disaster management. section 35 reads as under:135. 35. central government to take measures. ( ..... national authority are provided under section 6, which reads as under: 6. powers and functions of national authority. (1) subject to the provisions of this act, the national authority shall have the responsibility for laying down the policies, plans and guidelines for disaster management for ensuring timely and effective response to disaster. ( .....
Tag this Judgment!Court : Supreme Court of India
..... , and the conduct of, all 40 elections to the council shall be vested in the state election commission constituted under section 237 of the goa panchayat raj act, 1994(act 14 of 1994). bar contained in articles 243zg(b) / 329(b) 32. the locus classicus on the subject is by an early judgment of this ..... that the election process culminates on or before 15.04.2021.23. part ixa of the constitution titled the municipalities was inserted by the constitution (seventy-fourth) amendment act, 1992 with effect from 1st june, 1993. article 243p defines municipal area and municipality as follows:243. . definitions. xxx xxx xxx (d) municipal area means ..... as has been found by the high court. contrary to assurances made before earlier division benches, the state government first amended section 10 of the goa municipalities act and thereafter published the impugned order reserving municipal wards for various categories, and then announced the elections without waiting for at least three weeks. the high court .....
Tag this Judgment!Court : Supreme Court of India
..... manual and it was observed:- 33. our attention was drawn to the karnataka police manual and it appears that nanaiah followed the guidelines laid down therein and perhaps acted in an overly cautious manner. guideline 1543 provides as follows: 1543. the opinion of the fingerprint expert is of paramount importance in the investigation of various crimes ..... from the house of the deceased. (iv) with the acquittal of all the accused in respect of offences punishable under section 412 ipc and under the arms act, there is no other material pointing towards the involvement of accused hari om.28. thus, out of three features which could possibly be put against accused hari ..... metal of golden colour were recovered from red coloured shaneel purse. b. crime nos.368 to 372 of 2008 for the offences punishable under section 25 of the arms act, 1959 were thereafter registered against sanjay @ sonu, rijwan, hari om @ hero, haseen khan and saurabh @ sanju respectively. c. apart from the arrest of the aforesaid .....
Tag this Judgment!Court : Supreme Court of India
..... 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
..... 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
..... 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
..... 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
..... 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
..... 2015. the nlem is published under the 1st schedule to the drugs (prices) control order, 2013 ( dpco ) under section 3 of the essential commodities act, 1955 ( ec act ). the nlem specifies the recommended dosage and strength of oxytocin injection as 5iu per 1 ml and 10iu per 3 1 ml. oxytocin injection in the ..... for further discussion. after deliberations, the dcc recommended that the manufacture and sale of oxytocin injections should be banned for veterinary use under section 26a of the act coupled with the condition that the manufacturers of the bulk drug oxytocin should supply the active 8 pharmaceutical ingredient ( api ) only to licensed manufacturers of ..... issue was under deliberation by the drugs technical advisory board ( dtab ) and the drugs consultative committee ( dcc ), which are statutory bodies constituted under the said act. 2 executive summary, report of the core committee for revision of the national list of essential medicines published in 2015. 3 paragraph 3.1(ii) of the .....
Tag this Judgment!Court : Supreme Court of India
..... the adjudicating authority along with the list of all financial creditors, containing the name of an insolvency professional, other interim resolution professional, to act as their authorised representative who shall be appointed by the adjudicating authority prior to the first meeting of the committee of creditors; than ..... any regulatory authority or any officer preferably the secretary of the department dealing with housing, as the regulatory authority for the purposes under this act: provided also that after the establishment of the regulatory authority, all applications, complaints or cases pending with the regulatory authority designated, shall ..... professional shall make an application to the adjudicating authority along with the list of all financial creditors, containing insolvency professional, other resolution professional, to act as their authorised representative who shall be appointed by the adjudicating authority prior to the first meeting of the committee of creditors; [ ]. .....
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