Court : Supreme Court of India
..... unreasonable for the petitioner to entertain the plea that the arbitrator appointed by the respondent would not be impartial. the cmd itself would not be able to act independently and impartially being amenable to the directions issued by the ministry of defence. in similar circumstances, this court in the case of denel (proprietary) limited ..... the agreed procedure of referring the dispute to the named arbitrator, appoint an independent arbitrator in accordance with section 11(8) of the act. in other words, referring the disputes to the named arbitrator shall be the rule. the chief justice or his designate will have to merely reiterate the ..... northern railway admn., where there is material to create a reasonable apprehension that the person mentioned in the arbitration agreement as the arbitrator is not likely to act independently or impartially, or if the named person is not available, then the chief justice or his designate may, after recording reasons for not following .....
Tag this Judgment!Court : Supreme Court of India
..... are the provisions relating to human behaviour and, therefore, cannot be given such a narrower meaning, which would defeat the very purpose of the provisions of the act. of course, these are penal provisions and must receive strict construction. but, even the rule of strict construction requires that the provisions have to be read in ..... conjunction with other relevant provisions and scheme of the act. further, the interpretation given should be one which would avoid absurd results on the one hand and would further the object and cause of the law so ..... legislature in its wisdom would have specified any period which would attract the provisions of this section. however, there must be existence of proximate link between the acts of cruelty along with the demand of dowry and the death of the victim. for want of any specific period, the concept of reasonable period would be applicable .....
Tag this Judgment!Court : Supreme Court of India
..... work of the commission did not warrant their appointment. the reason given by respondent 1 (union of india), that on account of the constitution (61st amendment) act reducing the voting age and the constitution (64th amendment) and (65th amendment) bills relating to election to the panchayats and nagar palikas, the work of the ..... were enrolled with the employment exchange were called upon and got their option to be enrolled as special police officer (spos) under section 17 of the police act, 1861. those persons who were having armed licence were enrolled as spos and this enrolment was made by the superintendent of police, amritsar. similar orders were ..... but chose to make appointments of persons creating contractual relationship only demonstrates the arbitrary nature of the exercise of the power available under section 17 of the act. the appointments made have never been terminated thereby enabling various banks to utilize the services of employees of the state for a long period on nominal .....
Tag this Judgment!Court : Supreme Court of India
..... the state is empowered to distribute natural resources. however, as they constitute public property/national asset, while distributing natural resources the state is bound to act in consonance with the principles of equality and public trust and ensure that no action is taken which may be detrimental to public interest. like any other ..... , that too by entertaining private applications, are arbitrary, illegal and fraudulent and against the public policy as contemplated under section 23 of the indian contract act.29. in the course of argument, mr. vikas singh, learned senior counsel appearing for the respondents in all the three appeals filed a compilation of ..... the proposal of the respondent before the board of directors. cidco further requested the respondent to submit registration certificate either under the trust act or the society registration act before allotment/ possession of the land so that the case of the respondent could be considered for allotment at subsidized rate in terms .....
Tag this Judgment!Court : Supreme Court of India
..... justice or his designate may, for reasons to be recorded ignore the designated arbitrator and appoint someone else. 31 b. in cases governed by 1996 act after the amendment act has come into force:- if the arbitration clause finds foul with the amended provisions, the appointment of the arbitrator even if apparently in conformity with ..... agreed procedure of referring the dispute to the named arbitrator, appoint an independent arbitrator in accordance with section 11(8) of the act. in other words, referring the disputes to the named arbitrator shall be the rule. the chief justice or his designate will have to merely reiterate the ..... northern railway admn., where there is material to create a reasonable apprehension that the person mentioned in the arbitration agreement as the arbitrator is not likely to act independently or impartially, or if the named person is not available, then the chief justice or his designate may, after recording reasons for not following the .....
Tag this Judgment!Court : Supreme Court of India
..... furnish its considered opinion in this regard before this court. *** it was also submitted that as per the provisions contained in delhi municipal corporation act, 1957 and delhi development act, 1957, notification was issued by the dda on 22.03.2016. chapter 1 contains the provision of regularisation. paragraph 2.27 is extracted ..... land revenue. (iii) in all cases of illegal constructions, prosecution should invariably be launched against builders under the delhi municipal corporation act, the delhi development act, the new delhi municipal council act, etc. and the cases the police authorities/courts. followed vigorously with (iv) wherever the property is on lease, action ..... affecting his human or fundamental rights and that the power of sealing in relation to misuse has been intentionally excluded from the provisions of the two acts. later, some other matters were also decided by the high court following the full bench decision. those judgments are also under challenge. (emphasis supplied .....
Tag this Judgment!Court : Supreme Court of India
..... mercantile pvt. ltd. (supra) will not go the rescue of the petitioner since the reference in the impugned order to section 84 of the multi state cooperative societies act, 2002 is only for the limited purpose of dealing with the allegations relating to admission of members.27. therefore, we are of the considered view that the high ..... appoint a retired managing director of any public sector undertaking bank as an ad interim md and ceo of the respondents no.5 bank, until respondent no.2 has acted upon the petitioner s 15 representation dated 17.01.21 or during the pendency of this petition, whichever is earlier; and (ii) until further orders direct that ..... ipc. it is necessary to take note at this stage that the cooperative bank involved is actually a multi state cooperative society governed by the multi state cooperative societies act, 2002.5. immediately after the registration of the complaints, the respondent nos. 1 to 3 herein filed two petitions in criminal petition nos. 2370 and 2371 of .....
Tag this Judgment!Court : Supreme Court of India
..... the contesting respondents 2 accepted the compensation. at the instance of the original owners father of the contesting respondents, a reference under section 18 of the land acquisition act, 1894 raising objections against the award was made. the original claimants claimed compensation @ rs.60,000/ per bigha. on contest, by a detailed judgment and ..... planned development by the noida, vide notification issued under section 4, dated 22.11.1982. a declaration under the provisions of section 6 of the land acquisition act, 1894 was issued on 23.11.1982. the possession of the acquired land was taken over by the state on 22.02.1983. the land acquisition ..... per sq.yard along with all other statutory benefits and interest allowable under the provisions of land acquisition act, 1894. however, the claimants shall not be entitled to the statutory benefits including the 14 interest under the act, 1894 on the enhanced amount of compensation for the delayed period in preferring the appeal before the high .....
Tag this Judgment!Court : Supreme Court of India
..... in law compensation even while regulatory commission s orders are challenged. the policy directive dated 27.08.2018 issued in terms of section 107 of the electricity act, 2003 by the ministry of power (mop) to the cerc emphasized on the need to ensure expeditious recovery of change in law compensation. the desirability ..... the case of energy watchdog (supra) that the electricity sector, having been 84 privatized, had largely fulfilled the object sought to be achieved by the electricity act. he had stated that delicensed electricity generation resulted in production of far greater electricity than was earlier produced. the learned attorney general had further urged the ..... regulatory commissions and the learned aptel.128. this court, in the case of msedcl v. apml & ors. (supra), after considering the statutory provisions in the electricity act, 2003, held that the cerc, sercs and the learned aptel are bodies consisting of experts in the field.129. this court, in the said case, observed thus .....
Tag this Judgment!Court : Supreme Court of India
..... and empowering the banks etc. to take possession of the securities and sell them without intervention of the court. xxx xxx xxx110 the drt act facilitated establishment of two-tier system of tribunals. the tribunals established at the first level have been vested with the jurisdiction, powers and authority ..... resuming possession and has adversely affected investment in rental housing and cause deterioration of the rental housing stock. on the other hand, the sarfaesi act was enacted by the parliament with a view to regulate the securitisation and reconstruction of financial assets and enforcement of security interests against the debtor ..... the stipulated statutory period of 60 days, the respondent-bank filed an application before the chief metropolitan magistrate, mumbai under section 14 of the sarfaesi act for seeking possession of the mortgaged properties which are in actual possession of the appellant. the learned chief metropolitan magistrate allowed the application filed by .....
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