Court : Supreme Court of India
..... period of 90 days shall be deemed to have exercised option in favour of the existing cpf/fpf schemes covered under the provisions of employees provident fund act, 1952. the option once exercised or deemed to have been exercised shall be considered as final and no representation in this respect shall be considered valid for ..... that wide publicity was not given to subsequent notices, the respondents relied upon the response dated 26th november, 2007 to a query raised under the right to information act, 2005 which states that the notice dated 4th february, 1997 was not received in the office of the executive engineer (prot.) ratangarh nor was it dispatched ..... march, 1999 closing the receipt of switch-over options.23. at this stage, it may be mentioned that the rajasthan legislature enacted the rajasthan power sector reforms act, 1999 which resulted in the rajasthan power sector reforms transfer scheme 2000, which in turn resulted in the unbundling of the rseb into five companies. the five .....
Tag this Judgment!Court : Supreme Court of India
..... announcement it was found that demand drafts were issued in fictitious names like dinesh kumar, sunil kumar, abhilasha dubey, madan kumar, madan saini, satya narain dagdi and seema bai. statement of ashish kumar, accused named in 22. fir no.205/16, branch manager, kotak mahindra bank, k.g. marg branch was recorded under section ..... of prevention of money laundering act, 2002 (act 15 of 2003) as unreasonable, arbitrary and unconstitutional being violative of the fundamental rights of the petitioner guaranteed and protected under articles 14 and 21 ..... writ of mandamus or any other appropriate writ, order or direction declaring that the conditions/limitations contained in section 45(1) of prevention of money laundering act, 2002 (act 15 of 2003) to the extent that it imposes rigors/restrictions in the grant of bail in any offence punishable upto 7 years under the provisions .....
Tag this Judgment!Court : Supreme Court of India
..... raised here, that is, protection under articles 25 and 26 of the constitution is not limited to the matters of doctrine or belief but also extends to acts done in pursuance of religion and, therefore, contains a guarantee for rituals and observations, 18 ceremonies and modes of worship which are integral parts of religion. ..... practice performed in any hindu temple; (ii) that it does not have its separate administration but is regulated by statutory board constituted under travancore-cochin hindu religious institutions act, 1950; (iii) that it is getting state funding out of consolidated fund under article 290-a of the constitution; (iv) that there is no particular ..... entry of all classes and sections of hindu into places of public worship. section 2 is the dictionary clause. it reads as follows:- section 2. definitions:- in this act, unless the context otherwise requires, - (a) hindu includes a person professing the buddhist, sikh or jaina religion; (b) place of public worship means a place, .....
Tag this Judgment!Court : Supreme Court of India
..... by the assessee is a contract which is divisible under work orders and, thus, the imposition of tax and penalties made under section 7aa of the rajasthan sales tax act, 1954 is in accordance with law.12) mr. mehta also referred to the terms and conditions of the agreement and submitted that in the contract substantial part of the ..... relevant facts under which the aforesaid issue has arisen for consideration.4) in the year 1954, the state government of rajasthan enacted the rajasthan sales tax act in order to tax the sales and purchase of any goods. the assessee is a company engaged in manufacturing and laying of pipelines for water supply schemes. the public ..... the assessee is divisible in nature, in the facts of the case, and hence the imposition of tax and penalty made under section 7aa of the rajasthan sales tax act, 1954 is justifiable and sustainable in law.3) in order to have clarity in the matter and better grasp of the lis, it is necessary to glance through the .....
Tag this Judgment!Court : Supreme Court of India
..... of directors appeared through their counsel before the learned tribunal at the time of hearing of the aforesaid application under section 130 of the companies act. that, thereafter, after hearing the counsel appearing on behalf of the respective parties, including the learned counsel appearing on behalf of the erstwhile directors ..... fraudulent and negligent manner by the erstwhile auditors . that the registrar of companies had also conducted an enquiry under section 206 of the companies act and prima facie concluded that mismanagement and compromise in corporate governance norms and risk management has been perpetuated on il&fs and its group companies ..... financial statements, the union of india/central government considered it fit to submit an application before the learned tribunal under section 130 of the companies act. after issuing notice to all concerned including the central government, income tax authorities, sebi, other statutory regulatory body and even to the erstwhile directors .....
Tag this Judgment!Court : Supreme Court of India
..... s) took commercial unsecured risk by purportedly investing huge amount under the guise of purchasing flats and entered into transactions which were contrary to the provisions of 1963 act. thus, the appellant(s) cannot claim any right merely on the basis of a self serving allotment letter pertaining to the concerned flat, purportedly given by ..... agreement which has the statutory protection under the provisions of the maharashtra ownership flats (regulation of the promotion of construction, sale, management and transfer) act, 1963 (for short 1963 act ). the appellant(s) would also urge that the bar under section 34 has no bearing on the subject matter of the suit filed by the ..... haven, situated at darabshaw lane, napeansea road, mumbai 400036 and to enter into and register the agreement as provided under the provisions of maharashtra ownership flats act; (f) the defendant no.1 be also ordered and directed to indemnify the plaintiff in respect of all claims, charges that may be made by anybody .....
Tag this Judgment!Court : Supreme Court of India
..... commission of an organized crime by the members of organized crime syndicate, which warranted grant of prior approval to invoke section 3 of the 2000 act. this prior approval was assailed before the high court by way of writ petition filed much after the appropriate authority had already accorded sanction and ..... director general of police and commissioner of police, bengaluru city hereby grant/accord my prior approval to invoke section 3 of the karnataka control of organized crimes act 2000, to sri m.n. anucheth, ips, dcp (administration), bengaluru city and chief investigating officer (special investigation team) in the bengaluru city rajarajeshwari nagar ..... by the chief investigating officer of the sit to the commissioner of police, bengaluru city for according prior approval for invoking provisions of the 2000 act in respect of crime already registered. the commissioner of police, bengaluru city after going through the stated report, entire investigation papers and record of evidence .....
Tag this Judgment!Court : Supreme Court of India
..... and it would be open to the convict to seek appropriate directions from the court.1225. that the prisoners convicted of murder after rape, under pocso act, convicted for multiple murders whether in single case or several cases, dacoity with murder and murder after kidnapping for ransom, may be considered by the competent ..... a citizen of india.1224. the following categories of prisoners shall not be eligible for release on furlough: i. prisoners convicted under sedition, terrorist activities and ndps act. 12 ii. prisoners whose immediate presence in the society may be considered dangerous or otherwise prejudicial to public peace and order by the district magistrate of his ..... . we are also satisfied that the victims were helpless and undefended. taking into consideration all the facts and materials, it is crystal clear that the entire act of atbir amounts to barbaric and inhuman behaviour of the highest order. the manner in which the murder was carried out in the present case is extremely .....
Tag this Judgment!Court : Supreme Court of India
..... and non-arbitrability. 1 (2021) 2 scc111 xxx xxx xxx 154.3.the general rule and principle, in view of the legislative mandate clear from act 3 of 2016 and act 33 of 2019, and the principle of severability and competence-competence, is that the arbitral tribunal is the preferred first authority to determine and decide all ..... there is a presumption in favour of one-stop adjudication.153. accordingly, we hold that the expression existence of an arbitration agreement in section 11 of the arbitration act, would include aspect of validity of an arbitration agreement, albeit the court at the referral stage would apply the prima facie test on the basis of principles set ..... facts of the instant case. in absence of any arbitrable dispute, an order could not have been passed by the learned commercial court under section 9 of the arbitration act. 12 . consequently, arbitration appeal no.02 of 2021, is allowed and the impugned judgment and order dated 31.05.2021, passed by the learned commercial court on .....
Tag this Judgment!Court : Supreme Court of India
..... reality the situation is appalling and unnerving. the marriage is irretrievably broken down and dead. we would not read the provisions of the hindu marriage act, their underlying intent, and any fundamental specific issue of public policy, as barring this court from dissolving a broken and shattered marriage in exercise of ..... thereon being reason, restraint and injustice. in delhi judicial service association (supra), this court observes that any prohibition or restriction contained in ordinary laws cannot act as a limitation on the constitutional power of this court to issue any order or direction to do complete justice in any cause or matter . finally ..... article 142 is at an entirely different level and of a different quality. prohibitions or limitations or provisions contained in ordinary laws cannot, ipso facto, act as prohibitions or limitations on the constitutional powers under article 142. such prohibitions or limitations in the statutes might embody and reflect the scheme of a .....
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