Court : Supreme Court of India
..... issue that arises for consideration in this appeal is whether the first respondent, the managing director of the respondent no.2, a company registered under the companies act, 1956, is entitled to sustain a claim against the appellant-insurer for having sustained bodily injuries. succinctly stated, the facts are that the respondent no. 1 ..... (supra) and sudhakaran k. v. and others (supra) and observed thus :-"before this court, however, the nature of policies which came up for consideration were act policies. this court did not deal with a package policy. if the tariff advisory committee seeks to enforce its decision in regard to coverage of third-party risk which ..... policy" covers the liability, there cannot be any dispute in that regard. we may hasten to clarify that the earlier pronouncements were rendered in respect of the "act policy" which admittedly cannot cover a third party risk of an occupant in a car. but, if the policy is a "comprehensive/package policy", the liability would .....
Tag this Judgment!Court : Supreme Court of India
..... are the provisions relating to human behaviour and, therefore, cannot be given such a narrower meaning, which would defeat the very purpose of the provisions of the act. of course, these are penal provisions and must receive strict construction. but, even the rule of strict construction requires that the provisions have to be read in ..... conjunction with other relevant provisions and scheme of the act. further, the interpretation given should be one which would avoid absurd results on the one hand and would further the object and cause of the law so ..... legislature in its wisdom would have specified any period which would attract the provisions of this section. however, there must be existence of proximate link between the acts of cruelty along with the demand of dowry and the death of the victim. for want of any specific period, the concept of reasonable period would be applicable .....
Tag this Judgment!Court : Supreme Court of India
..... contained in this judgment.36. maruti udyog limited shall be free to file an appropriate application before the high court for its impleadment or grant of leave to act as intervenot in the appeals filed by the parties. if such an application is filed, the same shall be decided on its own merits.37. the state ..... further argued that if the object of the acquisition was to benefit maruti udyog limited, the government should have resorted to the provisions contained in part vii of the act and its failure to do so should be treated as sufficient for quashing the acquisition proceedings in their entirety. in support of this argument, learned counsel relied upon ..... to compensation at the rate of rs.28,15,849 per acre with all statutory benefits.16. in the appeals filed by them under section 54 of the act, the landowners prayed for further enhancement in the amount of compensation. hsiidc also challenged the judgments of the reference court and prayed that the amount of compensation awarded .....
Tag this Judgment!Court : Supreme Court of India
..... housing bank (hereinafter referred to as the plaintiff ) a statutory corporation created by an act of parliament (act no.53 of 1987) filed two suits, one invoking the original jurisdiction of bombay high court (suit no.211 of 1995) and another before ..... procedure of special court in civil matters.---(1) on and from the commencement of the special court (trial of offences relating to transactions in securities) amendment act, 1994, the special court shall exercise all such jurisdiction, powers and authority as were exercisable, immediately before such commencement, by any civil court in relation ..... and the present litigation revolves around the second defendant (since deceased) - one harshad s. mehta (a notified person under section 3(2) of the act). the scandal exposes the shortcomings and loopholes in the administration of banking sector of this country, more particularly, the state-owned/controlled banks.6. the national .....
Tag this Judgment!Court : Supreme Court of India
..... work of the commission did not warrant their appointment. the reason given by respondent 1 (union of india), that on account of the constitution (61st amendment) act reducing the voting age and the constitution (64th amendment) and (65th amendment) bills relating to election to the panchayats and nagar palikas, the work of the ..... were enrolled with the employment exchange were called upon and got their option to be enrolled as special police officer (spos) under section 17 of the police act, 1861. those persons who were having armed licence were enrolled as spos and this enrolment was made by the superintendent of police, amritsar. similar orders were ..... but chose to make appointments of persons creating contractual relationship only demonstrates the arbitrary nature of the exercise of the power available under section 17 of the act. the appointments made have never been terminated thereby enabling various banks to utilize the services of employees of the state for a long period on nominal .....
Tag this Judgment!Court : Supreme Court of India
..... earliest point of time and not after the conclusion of evidence and arguments, particularly, on the eve of pronouncement of judgment. in administering justice, judges should be able to act impartially, objectively and without any bias. the only thing which, according to us, is that the special judge has committed an error that after granting time for arguments, ..... the appellant that he may not get fair and impartial trial, it is relevant to point out that cognizance of various offences punishable under the ipc and the pc act was taken against the accused persons in the year 1997 and charges were framed against them in the year 2000. it is further seen that the prosecution took ..... , cbi (ahd), ranchi in the year 1997 and the charges were framed in the year 2000 in respect of various offences punishable under the ipc and the pc act. the prosecution started its arguments and concluded on 10.12.2012 and the arguments advanced on behalf of 43 out of 45 accused persons got concluded on 25.02 .....
Tag this Judgment!Court : Supreme Court of India
..... event his explanations were to be found unacceptable. the explanation to section 12 of the contempt of courts act, 1971, makes it clear that an apology tendered by a contemnor should not be rejected merely on the ground that it is qualified or conditional so long it is ..... contemnor guilty of commission of contempt by understanding the order dated 18.08.2011 to mean status quo or a restraint in respect of grant of licences under the haryana act of 1975.11. in an earlier part of the present order, we have noticed the unqualified and unconditional apology tendered by the appellant before the high court in the ..... in which he had understood the order dated 18.08.2011, namely, that the said order had not placed any kind of prohibition on grant of licences under the haryana act of 1975. yet, out of deference to the order of high court, no licence either for group housing or commercial activities in either sector 63-a or 67-a .....
Tag this Judgment!Court : Supreme Court of India
..... interference and the present letter dated 05.05.2011 intending to cause embarrassment to the applicant and detract him from the ongoing investigation is clearly an act of interference that would jeopardize the ongoing investigation and thus hamper the petitioner from carrying out the directions of this hon ble court. 12 that ..... input, the directorate of enforcement had initiated discreet enquiries against m/s. sahara corporation and m/s. sahara india for alleged violation of foreign exchange management act, 1999. this investigation is handled by the present applicant, who made several enquiries with number of banks by issuing directives on 23.07.2010 and 28 ..... initiates the contempt proceedings in exercise of the powers conferred under article 129 read with article 142 of the constitution, irrespective of the provisions of the act and the rules to regulate proceedings for contempt of the supreme court, 1975. learned senior counsel placed considerable reliance on the judgment of this court in .....
Tag this Judgment!Court : Supreme Court of India
..... state). sexual intimacy is a core aspect of human experience and is important to mental health, psychological well being and social adjustment. by criminalising sexual acts engaged in by homosexual men, they are denied this fundamental human experience while the same is allowed to heterosexuals. the section exposed homosexual persons to ..... as it criminalises activity practiced more often by men or women who are homosexually active. the evidence that refutes the assumption that non- procreative sexual acts are unnatural includes socio-scientific and anthropological evidence and also the natural presence of homosexuality in society at large. (iii) that private, consensual sexual ..... ) 5 scc447 tamil nadu electricity board v. status spinning mills (2008) 7 scc353and seema silk and sarees v. directorate of enforcement (2008) 5 scc580 16.5 that section 377 ipc is gender neutral and covers voluntary acts of carnal intercourse against the order of nature irrespective of the gender of the persons .....
Tag this Judgment!Court : Supreme Court of India
..... or the accused being able to manipulate circumstances to his or her advantage.25. in this light, the interplay between section 6a of the act and a constitutional court monitored investigation should be such as to protect senior government officials from frivolous and vexatious complaints and at the same time prevent ..... the level of joint secretary and above; and 2. such officers as are appointed by the central government in corporations established by or under any central act, government companies, societies and local authorities owned or controlled by that government. (2) notwithstanding anything contained in sub-section (1), no such approval shall ..... the level of joint secretary and above; and (b) such officers as are appointed by the central government in corporations established by or under any central act, government companies, societies and local authorities owned or controlled by that government. (2) notwithstanding anything contained in sub-section (1), no such approval shall .....
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