Court : Supreme Court of India
..... of the minorities to administer their institutions, guaranteed by article 30(1) of the constitution of india. the manager is a statutory authority under the kerala education act. he is conferred with certain powers, rights and duties. every power conferred on a statutory authority has to be exercised fairly and reasonably. it is an implied ..... principal did not apply to a minority institution. however, the decision of this court cannot be read as laying down a principle that a minority institution could act arbitrarily or unfairly in dealing with the selection out of the eligible candidates. the minority institution may not be compelled to go by seniority alone but it ..... appellant is that while the minority institution may be entitled to appoint a qualified person of its choice as 'principal', it is not open to it to act arbitrarily or unfairly in considering the eligible candidates. right of autonomy under article 30 does not exclude the power of judicial review nor it excluded enforcement of .....
Tag this Judgment!Court : Supreme Court of India
..... angle that the statutory authorities had failed and/or neglected to enforce the social-welfare legislations enacted in this behalf e.g. payment of wages act, minimum wages act, etc. such welfare activities as adumbrated in part iv of the constitution of india indisputably would cast a duty upon the state being a ..... area lift irrigation corporation ltd. (bhalco) now therefore, in exercise of the powers conferred upon it under section 65(1) & (2) of the bihar reorganization act, 2000, the central government hereby directs that government of bihar will initiate liquidation proceedings in respect of bihar hill area lift irrigation corporation ltd. (bhalco) to ..... . a government company was floated by the state of bihar in the name of bihar hill area lift irrigation corporation limited and got it registered under the companies act, 1956. the object of that company was to explore, execute, install, develop, promote, improve, establish, finance, manage, administer and maintain water resources for .....
Tag this Judgment!Court : Supreme Court of India
..... all decisions make arguments excruciatingly lengthy and judgments avoidably prolix. the first important judgment of this court on the question of sections 73 and 74 of the contract act is that of the constitution bench in chunilal v. mehta. the two significant issues which arose were firstly, as to what would constitute a substantial question of law ..... exclude the right to claim an unascertained sum of money as damages. . again the right to claim liquidated damages is enforceable under s. 74 of the contract act and where such a right is found to exist no question of ascertaining damages really arises. where the parties have deliberately specified the amount of liquidated damages there can ..... 000/- which was found to be impermissible in law. it was in those circumstances that the constitution bench opined as follows: 10. section 74 of theindian contract actdeals with the measure of damages in two classes of cases (i) where the contract names a sum to be paid in case of breach and (ii) where .....
Tag this Judgment!Court : Supreme Court of India
..... impossible to conceive that parliament sought to abrogate the provisions of the industrial employment (standing orders) act embodying as they do hard-won and precious rights of workmen and prescribing as they do an elaborate procedure, including a quasi-judicial determination, ..... enumerated conditions of service of workmen in industrial establishments. xxx xxx xxx10 we have already shown that the industrial employment (standing orders) act is a special act dealing with a specific subject, namely the conditions of service, enumerated in the schedule, of workmen in industrial establishments. it is ..... define their conditions of service and the inevitability of industrial strife in such a situation, the legislature intervened and enacted the industrial employment (standing orders) act. it was stated in the statement of objects and reasons: "experience has shown that 'standing orders', defining the conditions [pic].of recruitment, discharge .....
Tag this Judgment!Court : Supreme Court of India
..... (as unskilled, semi-skilled and skilled), doing the same work, into different categories, for payment of wages at different rates, was not tenable. it was also held, that such an act of an employer, would amount to exploitation. and further that, the same would be arbitrary and discriminatory, and therefore, violative of articles 14 and 16 of the constitution. (v) in ..... at the cost of his integrity. for he knows, that his dependents would suffer immensely, if he does not accept the lesser wage. any act, of paying less wages, as compared to others similarly situate, constitutes an act of exploitative enslavement, emerging out of a domineering position. undoubtedly, the action is oppressive, suppressive and coercive, as it compels involuntary subjugation.56. we .....
Tag this Judgment!Court : Supreme Court of India
..... value of mineral resources; and that it will alleviate the procedural delay, which in turn would check slowdown which adversely affected the growth of mining sector. the amendment act, 2015, as is evident from the objects, aims at: (i) eliminating discretion; (ii) improving transparency in the allocation of mineral resources; (iii) simplifying ..... on coal and steel, who gave their report in may, 2013. as is evident from the statement that difficulties were experienced because the existing act does not permit the auctioning of mineral concessions. it was observed that with auctioning of mineral concessions, transparency in allocation will improve; government will ..... of existing concession-holders and applicants. (1) all applications received prior to the date of commencement of the mines and minerals (development and regulation) amendment act, 2015, shall become ineligible. (2) without prejudice to sub-secion (1), the following shall remain eligible on and from the date of commencement of the .....
Tag this Judgment!Court : Supreme Court of India
..... with index is extracted hereunder : haryana urban development authority manimajra (ut), chandigarh order. in exercise powers conferred under section 51 of the haryana urban development authority act, 1977, in the interest of efficiency, speedy development and with a view of decentralise the powers/functions, the delegations at annexure a (pages 1-16) ..... delhi development authority & anr. (2008) 10 scc696 in the absence of any notification being issued by the state government under section 51(4) of the act, the power of the chief administrator could not have been delegated to the administrator. thus rejection of the bid by the administrator was unauthorised. the delegation of ..... take additional documents on record. huda for the first time has filed notification dated 13.9.1989 issued by it under section 51 of the act, delegating the functions in favour of various officers indicating that the power has been delegated to the administrator to accept the auction bids for commercial/residential .....
Tag this Judgment!Court : Supreme Court of India
..... abstain from resorting to machinery of law to protect his rights. the entire incident is extremely revolting and shocks the collective conscience of the community. the acts of murder committed by the appellants are so gruesome, merciless and brutal that the aggravating circumstances far outweigh the mitigating circumstances.88. we not proceed to ..... and 16, attempted to murder the father (informant) and mother who survived the attack with multiple injuries. there was no provocation or reason for committing this ghastly act at a time when the children were sleeping. there were several incised wounds (muscle- deep or bone-deep) caused to the deceased. considering the brutality, ..... sentence proportional to the gravity of the offence.52. we would not notice the decisions of this court to reflect upon the various circumstances which have acted as mitigating and aggravating factors in given facts to result in commutation of sentence or confirmation of death penalty; so as to examine the sentencing .....
Tag this Judgment!Court : Supreme Court of India
..... union of india & anr.; (1998) 4 scc409 42. the contempt of court is a special jurisdiction to be exercised sparingly and with caution whenever an act adversely affects the administration of justice or which tends to impede its course or tends to shake public confidence in the judicial institutions. this jurisdiction may also be ..... areas notified under rule 59(1) of the mineral concession rules, 1960 deserve simultaneous consideration. as per the mandate of section 11(4) of the mmdr act, the state government may grant a mining lease over a notified area to such one of the simultaneous applicants after considering the matters specified in sub-section ( ..... take steps for construction of the said plant, it was subsequently contended that the application filed by bhushan limited was premature and could not, therefore, be acted upon. specific instances have been mentioned hereinabove of the steps taken by the various departments in extending cooperation to bhushan limited to set up its steel plant .....
Tag this Judgment!Court : Supreme Court of India
..... like united states of america etc. courts in india should strive to preserve this unique balance which our framers envisaged, any interference into this balancing act would be detrimental for grand vision proscribed by our makers. amphibious nature of our federalism has been even noted by the sarkaria commission report on ..... for ensuring transparency and proper functioning of the targeted public distribution system and accountability of the functionaries in such system. section 29 of the nfs act reads as follows:- setting up of vigilance committees (1) for ensuring transparency and proper functioning of the targeted public distribution system and accountability of the ..... or not. we also required the concerned chief secretaries to ensure the appointment of the state food commission in accordance with the provisions of the act, assuming the state governments would be willing to implement the law enacted by parliament. we also required details of the appointment of independent district .....
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