Court : Supreme Court of India
..... neighbourhood school 8, no denial of admission 9 and prohibition of physical punishment and mental harassment 10, are some of the heartwarming provisions of the act.20. the act sets down certain norms and standards which have to be followed in elementary schools, and this is with the purpose of providing a meaningful and ..... relax the minimum qualifications prescribed by the academic authority , under certain circumstances and for a limited period. the academic authority under section 23(1) of the act is the national council for teachers education (ncte), which brought a notification on 23.08.2010, laying down the necessary qualifications for teachers, both at primary ..... made by the central government, a state government, a local or other authority, immediately before the commencement of the national council for teacher education (amendment) act, 2011 (18 of 2011) solely on the ground of non-fulfilment of such qualifications as may be specified by the council: provided further that the minimum .....
Tag this Judgment!Court : Supreme Court of India
..... 587 of 2018 filed by the appellant against the order passed by the commercial court, ahmedabad dismissing the applications under section 8 of the arbitration and conciliation act, 19961 in commercial civil suit nos. 90 of 2017 and 91 of 2017 respectively. both these appeals, involving common questions concerning arbitrability of the dispute, ..... arbitrable and nonarbitrable. we are in complete agreement with the view taken by the learned commercial court while rejecting the application under section 8 of the arbitration act, 1996. 19 5.3. accordingly, the high court proceeded to dismiss both the appeals and thereby affirmed the order passed by the commercial court in ..... of himangi enterprises v. kamaljeet singh ahluwalia: (2017) 10 scc706 to the effect that landlord-tenant disputes governed by the provisions of the transfer of property act, 1882 were not arbitrable, was doubted. while dealing with the reference, the court also dealt with the other interconnected aspects as to the meaning of .....
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 .....
Tag this Judgment!Court : Supreme Court of India
..... no need for holding a roving inquiry in such matters which would otherwise amount to converting the power of superintendence into that of a regular first appeal, an act, totally forbidden by the legislature.15. it does not require much elaboration to say that as regards prayer for eviction on the ground of bona fide requirement, ..... tenants in respective revision petitions before the high court. the high court dealt with the said revision petitions in terms of section 25-b(8) of the act of 1958. the said section 25-b provides special procedure for disposal of the applications for eviction on the ground of bona fide requirement and the revision petition ..... before the rent controller and then the findings of the rent controller. learned counsel would submit that the expressions family and dependent , for the purpose of the act of 1958, and particularly the bona fide requirement, deserve to be construed broadly and liberally so as to include the relatives of the landlord and not strictly to .....
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
..... land, facilitating rehabilitation of displaced families as per policy, expediting accreditation from relevant statutory bodies as ugc aicte, mci, bci etc. enactment of an act for the university, facilitating issues of no objection certificate from state pollution control board and other bodies and expediting provision of road, water, electricity and ..... it also opined that the administrative department may verify if acquisition of land can be made under section 15 of the orissa industrial infrastructural development corporation act, 1980. after the aforesaid opinion was received, the administrative department was of the view that the second option to go through idco was not ..... law department and the revenue and disaster management department. the law department observed that land can be acquired for the proposed educational scheme under the act, 1894 if the appropriate department of the government sponsors a scheme to carry out that. alternatively, the land can be acquired for an educational .....
Tag this Judgment!Court : Supreme Court of India
..... central electricity regulatory commission (2010) 4 scc603 in ptc india limited4, the actual question which arose was as to whether the appellate tribunal under the act has jurisdiction under section 111 to examine the validity of regulations framed in exercise of power 4 ptc india limited v. central electricity regulatory commission (2010 ..... initial consent in schedule 2, on behalf of the procurers, the spv was expected to issue the notification under section 6 of the land acquisition act, obtain necessarily environmental and forest clearance for the power stations, allocate captive coal mines and finally, give the water linkage for the reasonable project requirements ..... by the appellate tribunal for electricity (hereinafter referred to as tribunal for brevity) in an appeal carried by the first respondent under section 111 of the act. (2) the appeal before the tribunal, in turn, was lodged against the order passed by the central electricity regulatory commission (hereinafter referred to as .....
Tag this Judgment!Court : Supreme Court of India
..... property and the environment. however, the national environment tribunal, which had a very limited mandate, was not established. the 20 national environment appellate authority act, 1997 was enacted to establish the national environment appellate authority to hear appeals with respect to restriction of areas in which any industries, operations or processes ..... or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards under the environment (protection) act, 1986. the national environment appellate authority has a limited workload because of the narrow scope of its jurisdiction.5. taking into account the large number ..... the quality of environment.........". section 5 clothes the central government or its delegate with the power to issue directions for achieving the objects of the act. read with the wide definition of "environment" in section 2(a), sections 3 and 5 resply clothe the central government with all such powers .....
Tag this Judgment!Court : Supreme Court of India
..... following part of the preamble of the said guidelines. 1. preamble .. these guidelines have been framed under the above provisions of section 63 of the act. the specific objectives of these guidelines are as follows:1. promote competitive procurement of electricity by distribution licensees; 2. facilitate transparency and fairness in procurement ..... then translates itself into reasonable tariffs that are payable by consumers of electricity. for this purpose, he relied strongly upon section 3 of the electricity act, which states that the central government, shall from time to time, prepare a national electricity policy and a tariff policy in consultation with the state ..... a new legislation to meet various challenges. the statement of objects and reasons would reveal that one of the main features for enactment of the electricity act was delicensing of generation and freely permitting captive generation. as such, the learned attorney general, in the case of energy watchdog (supra), stated that .....
Tag this Judgment!Court : Supreme Court of India
..... shri sangwan, learned aag appearing on behalf of the state that once the lands in question have been acquired after following the due procedure required under the act and thereafter, the award came to be passed and even the compensation was paid and the possession was taken over and the lands actually vested in the ..... for residential, commercial and institutional purposes in sector 6 and 11, kurukshetra. it appears that even before the issuance of 3 notification under section 6 of the act, the land measuring 81.91 acres belonging to 43 land holders came to be released, details of which shall be considered hereinbelow. that thereafter, except the original ..... for the development and utilization of land as residential and commercial sector 11, kurukshetra and the same was followed with declaration/notification under section 6 of the act dated 20.04.1988. the objections were invited from all the concerned land owners. that thereafter, the award was pronounced by the land acquisition collector on .....
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