Court : Supreme Court of India
..... shri k. g. erda, the above case was registered under different sections of ipc relating to unlawful assembly, murder, bombay police act and arms act against 11 named individuals and unknown others. after investigation, 11 charge sheets were filed against 71 individuals while 2 persons were arraigned as ..... v. k. solanki of naroda police station, the above case was registered under different sections of ipc and bombay ----------------------------------------------------------------------------------------- page:445. police act against 5 named individuals and unknown others. 70 persons were charge-sheeted in 8 charge-sheets. the case is presently under trail. 405 facts ..... places of worship of a religious denomination into places of worship of different religious denomination under the provisions of places of worship (special provision) act 1991. besides that dgp was advised that reporters, editors, printers, publishers and owners of the media must be advised to discourage distorted reporting .....
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
..... agreement, since it is a party to an inter-connected agreement, executed to achieve a common commercial goal. 18 (2018) 15 scc67819 arbitration and conciliation (amendment) act, 2015 ( 2015 amendment ) 27 part c20in cheran properties (supra), a three-judge bench of this court interpreted and applied the group of companies doctrine in the ..... application under section 11 to show that there existed an oral contract between the parties, or that indowind had transacted with wescare, or wescare had performed certain acts with reference to indowind, as proof of arbitration agreement. [ ].24. it is no doubt true that if indowind had acknowledged or confirmed in any ..... questions of law and fact. the issue of jurisdiction and merits are inextricably intertwined and a ruling premised exclusively on the application of section 7 of the act of 1996 was improper. 14 controverting the above submissions, mr shyam divan, senior counsel appearing on behalf of the jdil has indicated in the following tabulation .....
Tag this Judgment!Court : Supreme Court of India
..... was for parliament to decide whether the situation was remediable by adjudication or required legislation. according to him the life 76 part j insurance corporation act as amended and the rules made after amendment placed the corporation in the same position as other undertakings, that the advantages being enjoyed by the ..... 48. these sections provide as follows: (2a) the regulations and other provisions as in force immediately before the commencement of the life insurance corporation (amendment) act, 1981, with respect to the terms and conditions of service of employees and agents of the corporation including those who became employees and agents of the corporation ..... 1986, the tulpule tribunal issued an interim order restraining lic from recruiting regular employees and from terminating the services of the ad hoc workers working with lic. 4 id act 5 (1982) 1 scc205( a v nachane ). see also: m. venugopal v. divisional manager, lic, machilipatnam, (1994) 2 scc323 and life insurance corporation .....
Tag this Judgment!Court : Supreme Court of India
..... appeal.2. the appellant herein was serving as a head constable (ministerial) in the 15th battalion of the sashastra seema bal (ssb), bongaigaon. he was charged with violation of good order and discipline under section 43 of the shashastra seema bal act, 2007 (hereinafter referred to as the ssb act ), for having entered the mahila barrack of the battalion at around 00:15 hours, on the intervening ..... rank of constable and forfeiture of two years service for the purpose of promotion. she was also tried by the sfc for an offence under section 43 of the ssb act. it is submitted that therefore the learned single judge rightly interfered with the punishment of removal from service awarded by the disciplinary authority commandant holding that the same was disproportionate .....
Tag this Judgment!Court : Supreme Court of India
..... reasons beyond the control of the complainant or the prosecution.15. let us now consider the applicability of these principles to cases under the act. the provisions of the act contemplate filing of an application under section 12 to initiate the proceedings before the concerned magistrate. after hearing both sides and after taking into ..... by not taking cognizance swiftly or within limitation, although the complaint has been filed within time or the prosecution has been instituted within time, should not act prejudicial to the prosecution or the complainant. (e) a constitution bench of this court in sarah mathew v. institute of cardio vascular diseases etc. and ..... protection officer or any other person on behalf of the aggrieved person may present an application to the magistrate seeking one or more reliefs under this act: provided that before passing any order on such application, the magistrate shall take into consideration any domestic incident report received by him from the protection .....
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..... . the ownership, title and interest claim predicated by them are based on documents, mutations, etc., that are inconsequential in law, not valid, being fraudulent, concocted act of forgery, fabrication, misrepresentation, etc. defendant nos. 1 and 2 are liable to be removed from the suit property once the purpose and object of granting permissive ..... we shall subsequently refer to these letters/legal notices as they are of substantial importance and relevance. it is pleaded that defendant nos. 1 and 2, acting illegally and arbitrarily, have instigated and induced defendant nos. 6 to 8, namely damanpal kaur anand, jaspreet singh anand and gursimar singh anand (wife and children ..... whether the plaintiff/applicant had the means to know the fraud is a relevant consideration. it is manifest that section 17(1) of the limitation act does not protect a party at fault for failure to exercise reasonable diligence when the circumstances demand such exercise and on exercise of which the plaintiff/ .....
Tag this Judgment!Court : Supreme Court of India
..... that there is a need to classify diverse public utility contracts as a distinct class recognising the inherent public interest/importance to be addressed in the act. any public work must progress without interruption. this requires consideration whether a court s intervention in public works should be minimal. smooth functioning of ..... involving contract based infrastructure developments, public private partnerships and other public projects, involving huge investments; and changes required in the present scheme of the act so that specific performance is granted as a general rule and grant of compensation or damages for non-performance remains as an exception, the committee decided ..... union law & justice minister shri d.v.sadananda gowda here in new delhi. in its report the committee has recommended modifications in the specific relief act, 1963 for ensuring the ease of doing business. in the context of tremendous developments which have taken place since 1963 and the present changed scenario .....
Tag this Judgment!Court : Supreme Court of India
..... proceedings in regard to an offense involving moral turpitude is pending trial in a court of law and such person shall stand debarred from taking part in any act or proceeding of the panchayati raj institution concerned while being under such suspension.6. it is respondents own case that they had made their preliminary inquiry not ..... as may be deemed necessary, remove from office any member including a chairperson or a deputy chairperson of a panchayati raj institution, who- (a) refuses to act or becomes incapable of acting as such; or (b) is guilty of misconduct in the discharge of duties or any disgraceful conduct: xxx xxx xxx (4) the state government may ..... , rural development and panchayati raj department, government of rajasthan on 24.05.2021. a preliminary enquiry was initiated under section 38(1) of the rajasthan panchayati raj act, 1994 read with rule 22(2) of the rajasthan panchayati raj rules, 1996 and a charge sheet was issued on 16.06.2021. the appellant was suspended .....
Tag this Judgment!Court : Supreme Court of India
..... in garware wall ropes (supra), and was of the opinion that the utility of the doctrine of separability overrides the concern under the respective 18 stamp acts. any concerns of non stamping or under stamping would not affect the validity of the arbitration agreement. however, this court considered it appropriate to refer ..... court in vidya drolia v. durga trading corporation, (2021) 2 scc1 which clearly expounds that courts had very limited jurisdiction under section 11(6) of the act. courts are to take a prima facie view, as explained therein, on issues relating to existence of the arbitration agreement. usually, issues of arbitrability/validity ..... 2019, this court was pleased to issue notice. thereafter, the respondent entered appearance and filed a counter affidavit dated 24.07.2019, pointing out that the purported hma, which contains the arbitration agreement, was an unstamped document. it notes that this court, in garware wall ropes ltd. v coastal marine constructions and engineering ltd .....
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