Court : Supreme Court of India
..... evidence to disprove the same can be allowed by the court. this is especially so when the parties to the marriage admittedly had 1for short, evidence act or the act , as the case may be 54 access to each other during the time when the child could have been begotten.4. the main contention of shri ..... of justice. by adopting the above course, the issue of infidelity alone would be determined, without expressly disturbing the presumption contemplated under section 112 of the evidence act. even though, as already stated above, undoubtedly the issue of legitimacy would also be incidentally involved.20. heavy reliance is also placed by shri kapil sibal, ..... direction issued by the court, the allegations would be determined by the court, by drawing a presumption of the nature contemplated in section 114 of the indian evidence act, particularly, in terms of illustration (h) thereof. vii. that by adopting the above course, the issue of infidelity alone would be determined, without expressly disturbing .....
Tag this Judgment!Court : Supreme Court of India
..... 1,000/ , rs.5,000/ or 38 rs.10,000/ , issued by the reserve bank of india immediately before the commencement of the said act. the said act also stated in section 3 that on the expiry of the 16th day of january, 1978, all high denomination bank notes shall, notwithstanding anything contained ..... ...192. recently, the constitution bench of this court in the case of rojer mathew (supra) considered the question, as to whether section 184 of the finance act, 2017, which does not prescribe qualifications, appointment, term and conditions of service, salary and allowances, etc. suffers from the vice of excessive delegation. rejecting the ..... disposal, use or consumption of gold. [emphasis supplied].165. it can be seen that under clause (b) sub-section (2) of section 5 of the gold (control) act, 1968, the administrator was conferred with the power to regulate by licences, permits or otherwise, the manufacture, distribution, transport, acquisition, possession, transfer, disposal, use or consumption .....
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
..... .2019 filed by mmrcl pending before it and pass final order thereof with respect to cutting of the 84 trees under the maharashtra (urban areas) protection and preservation of trees act 1975 located on metro car shed land at aarey colony admeasuring approximately 33 hectares for the mumbai metro line-3 project in mumbai and permit, mmrcl to implement such decision .....
Tag this Judgment!Court : Supreme Court of India
..... y chandrachud, cji a glossary of defined terms used in the judgment has been provided below: glossary of terms defined term definition act electricity act, 2003 aemil/ adani electricity mumbai infra limited second respondent aeml-t adani electricity mumbai limited third respondent transmission aptel appellate tribunal for ..... f conclusion ....................................................................................................................... 89 4 part a1 aptel, by its judgment dated 18 february 2022, dismissed an appeal under section 111 of the act instituted by the appellant against a decision of merc dated 21 march 2021.2. on 21 march 2021, merc granted a transmission licence ..... .62. on 13 april 2006, the union mop notified tariff based competitive guidelines for transmission services under section 63 of the act to promote competitive procurement of transmission services and encourage private investment in the development of transmission lines. the objects for making the .....
Tag this Judgment!Court : Supreme Court of India
..... 04.2019 had finalised xiv modalities to be adopted for allocation of the personnel between two states in accordance with section 82 of the andhra pradesh reorganisation act, 2014. thereafter, the telangana power generation corporation limited filed an application questioning the modalities finalised by one man committee. however, this court did not ..... section 4, the state of andhra pradesh was to comprise the territories of the existing state of andhra pradesh. section 82 of the andhra pradesh reorganization act, 2014 reads as under: 82. provision for employees of public sector undertakings, etc. on and from the appointed day, the employees of state public sector ..... present case, the dispute is concerning the employees of the telangana state power utilities and andhra pradesh power utilities. 7.1. the andhra pradesh reorganization act, 2014 was enacted by parliament to provide for the reorganization of the existing state of andhra pradesh and for matters connected therewith. by section 3, .....
Tag this Judgment!Court : Supreme Court of India
..... collector declaring any of the sale-deeds executed in favour of the petitioner kendriya karamchari sahkari grih nirman samiti ltd. during the period when the provisions of u.p. act no.35 of 1976 were in force, has been brought to our notice nor it is the case of the state government or the noida that any such orders were ..... .11.2013 dealt with some of the issues as under:- .. therefore, we have no hesitation to hold that all transfers affected between 1958 till the introduction of u.p. act no.35 of 1976, in violation of section 154, in favour of a cooperative society by bhumdihar are not to be treated to be void and the land does not ..... respondent-society were illegal on two counts. i) such transfers were effected in violation of the provisions of section 154 of the u.p. zamindari abolition and land reforms act, 1950 ( u.p. act , for short) and, therefore, the lands vested in the state government. ii) the second objection pertains to the applicability of ceiling law in terms of which any .....
Tag this Judgment!Court : Supreme Court of India
..... or meaning, hence we hold that the nature, scope and sweep of the power entrusted to the central government to cause exception or modification in a central act, state act or provincial act resembles the power 39 exercisable by it under section 67(2) and is subject to the same limitations. any attempt, if made to widen the scope ..... exception and if section 72(1) is dissected into parts for its better understanding, it reveals that: (i) when a body corporate constituted under a central act, state act or provincial act for the existing state of punjab or for any part thereof, (ii) serves the needs of the successor states or by virtue of reorganization of the state ..... 72 clearly points out that the parliament was making the provision in section 72 with regard to the bodies corporate which had been constituted under a central act, state act or provincial act and that is why the legislative authority for making a law in respect of these bodies corporate was not specified. it may be for the reason .....
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
..... did not include commissioning activities, are all factual aspects which cannot be examined while exercising judicial review over the decision of the respondent under section 197 of the act. 1430. the petitioner has relied upon the judgments in ishikawajima- harima heavy industries: [2007]. 288 itr408(sc) and hyundai heavy industries: [2007]. 291 ..... with determination of rate of tax deduction. on perusal of reasons, it becomes manifest that during the course of enquiry under section 197 of the act, the petitioner was asked to furnish the details regarding the scope and nature of the aforenoted contracts. revenue contends that for the r-series contracts, ..... for avoidance of double taxation hereinafter referred to as the aadt between india and the uae apply in determining the taxable income of the appellant under the it act.4. the appellant is, inter alia, engaged in the fabrication of petroleum platforms, pipelines and other equipment, installation of petroleum platforms, submarine pipelines, .....
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