Court : Supreme Court of India
Decided on : Dec-15-2016
..... value of mineral resources; and that it will alleviate the procedural delay, which in turn would check slowdown which adversely affected the growth of mining sector. the amendment act, 2015, as is evident from the objects, aims at: (i) eliminating discretion; (ii) improving transparency in the allocation of mineral resources; (iii) simplifying ..... on coal and steel, who gave their report in may, 2013. as is evident from the statement that difficulties were experienced because the existing act does not permit the auctioning of mineral concessions. it was observed that with auctioning of mineral concessions, transparency in allocation will improve; government will ..... of existing concession-holders and applicants. (1) all applications received prior to the date of commencement of the mines and minerals (development and regulation) amendment act, 2015, shall become ineligible. (2) without prejudice to sub-secion (1), the following shall remain eligible on and from the date of commencement of the .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-29-2016
..... as the case may be.61. it was also submitted that town planning and municipal institutes are regulating and restricting the use of private property under the aforesaid acts. they are expropriatory legislation . thus they are liable to be construed strictly as laid down in chairman, indore vikas pradhikaran v. pure industrial coke & chemicals ..... thereafter, kvtds was also proposed, published, finalised and approved before the land use was changed by the state government. under the provisions of the 1973 act, the development plan/raipur master plan (revised) 2021 that is prevailing, respondent 2 rda as well as the state government gave primacy to kvtds and ..... a later stage the court again observed at p. 362: rules enunciated by the courts for determining compensation for compulsory acquisition under the land acquisition act vary according to the nature of the land acquired. for properties which are not marketable commodities, such as lands, buildings and incorporeal rights, valuation has .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-26-2016
..... . it further observed that the high court ought not to entertain petition for implementation of recommendations/orders of the lokayukta - as there is sufficient provision under the act itself to get the same implemented. the court also opined that there was no element of public interest in the grievances made by the appellant. on that finding ..... . it is unnecessary for us to dilate on this aspect.15. as aforesaid, the relief in the writ petition was limited to directing the competent authority to act upon the recommendations made by the lokayukta. that relief has worked out in view of the direction issued by the competent authority to investigate/enquire into the factual ..... . we may, therefore, accede to the request of the law enforcement agencies to give them some more time to complete the investigation/enquiries in relation to the acts of commission and omission of respondent nos.5 and 6 or any other person(s) privy thereto.16. considering the fact that the law enforcement agencies are on .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-13-2016
..... . (3) if any question arises whether any matter is or is not a matter as respects which the governor-general is by or under this act required to act in his discretion or to exercise his individual judgment, the decision of the governor-general in his discretion shall be final, and the validity of anything ..... ministers. (3) if any question arises whether any matter is or is not a matter as respects which the governor is by or under this act required to act in his discretion or to exercise his individual judgment, the decision of the governor in his discretion shall be final, and the validity of anything done ..... under article 163(1). secondly, under article 163(1) the discretionary power of the governor extends to situations, wherein a constitutional provision expressly requires the governor to act in his own discretion. thirdly, the governor can additionally discharge functions in his own discretion, where such intent emerges from a legitimate interpretation of the concerned provision, .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-08-2016
..... the ownership of the mines vests in the state of jharkhand in view of the declaration under the provisions of the bihar land reforms act, 1950 which act is protected by placing it in schedule ix added by the first amendment to the constitution. while speaking for the constitution bench in waman ..... organizations. 18. mineral ilmenite, rutile, leucoxene, zircon and monazite except sillimanite and garnet have been classified as prescribed substances under the atomic energy act 1962. under the central government industrial policy 1991, mining and production of minerals classified as prescribed substances was reserved for the public sector. as per ..... non scheduled mineral) by state/central public sector undertakings is not in consonance with the provisions of mines and minerals (development and regulation) act, 1957 (for short mmdr act 1957 ); (ii) whether state government s policy of reservation for exploitation of beach sand minerals by its public sector undertakings is untenable on .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-11-2016
..... to be exercised necessarily together. shri divan further submitted that there is difference between differentiation and discrimination. lastly, he contended that in terms of 2000 act and 2008 act, the entire tax collected by the state under the respective statute would be utilized for the development of trade, commerce and industry in the state.96 ..... tea company ltd. case (supra). the petitioner in that case questioned the constitutional validity of assam taxation (on goods carried by roads or inland waterways) act, (assam act xiii of 1954), before the high court. the writ petition having failed, the matter was brought up in appeal before this court which was heard alongwith ..... during the british rule, by the end of 19th century efforts for drafting a constitution for india had begun. under the inspiration of shri bal gangadhar tilak, the swaraj bill, 1885 was the first non-official attempt of drafting the constitution. the dominion status as achieved by australia and passing of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-28-2016
..... appellant submitted that the 10th schedule to the constitution is not applicable to adjudication of an election petition. she relied upon section 53 (2) of the act to contend that the appellant should be declared as duly elected as he was the only person remaining in the fray after the election of respondent/returned candidate ..... representative. pursuant to the judgment in union of india v. association for democratic reforms (supra) section 33-a was inserted in the representation of the people act providing for right to additional information by an ordinance. the challenge to the said ordinance was dealt with by this court in people s union for civil liberties ..... warranting rejection of his nomination. mr. giri also submitted that the election petition was filed under section 100 (1) (d) (i) and (iv) of the act. he stated that there is neither pleading nor proof in the election petition that the improper acceptance of the appellant s nomination had materially affected the result. according to .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-21-2016
..... promoting consumer interest. faced with these competing interests, the central government sided with the consumer and cannot be faulted for it. the central government did not act in a routine or mechanical manner in re- notifying the norms every year from 2000 onward. in our opinion, the explanation put forward by the ..... increase in the existing norms of conversion cost and packing charges based on the inflation factors and till a full-fledged cost study is finalized. acting upon this suggestion the jharwal committee considered several factors as mentioned in its report as well as the wholesale price index and other relevant factors and ..... benefit the consumer of medicines. profits earned by manufacturers/formulators are secondary and profiteering is certainly out of the question. the preamble to the essential commodities act, 1955 provides: an act to provide, in the interests of the general public, for the control of the production, supply and distribution of, and trade and commerce, in .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-04-2016
..... to arbitration. i also agree with the directions issued. a fresh line must be drawn to ensure the fulfilment of the intent of parliament in enacting the act of 1996 and towards supporting commercial understandings grounded in the faith in arbitration. .......................................j [dr d y chandrachud]. new delhi october 04, 2016 ----------------------- [1 ..... to deal with claims involving issues of fraud and determine those claims itself. this provision has been repealed in section 107(2) of the arbitration act, 1996. 22 similarly, redfern and hunter on international arbitration[30]. contains the following statement of legal position in relation to arbitrability of matters involving ..... from the remainder of the contract. the challenge should therefore be considered by an arbitrator, not a court . 20 the arbitration and conciliation act, 1996, should in my view be interpreted so as to bring in line the principles underlying its interpretation in a manner that is consistent with .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-03-2016
..... to power with regard to section 433-a which restricts the power of remission and commutation conferred on the appropriate government, noted various provisions of the prisons act, jail manual, etc. and concluded that reasonable and proper course would be to expand the option between 14 years' imprisonment and death. the larger bench has ..... sutherland. to render a judgment is a judicial function. to carry the judgment into effect is an executive function. to cut short a sentence by an act of clemency is an exercise of executive power which abridges the enforcement of the judgment but does not alter it qua judgment . though, therefore, the effect ..... precautionary prescription when the trial courts reach a conclusion to impose the maximum punishment of death, further safeguards are provided under the criminal procedure code and the special acts to make a still more concretised effort by the higher courts to ensure that no stone is left unturned before the imposition of such capital punishments. .....
Tag this Judgment!