Court : Supreme Court of India
..... and empowering the banks etc. to take possession of the securities and sell them without intervention of the court. xxx xxx xxx110 the drt act facilitated establishment of two-tier system of tribunals. the tribunals established at the first level have been vested with the jurisdiction, powers and authority ..... resuming possession and has adversely affected investment in rental housing and cause deterioration of the rental housing stock. on the other hand, the sarfaesi act was enacted by the parliament with a view to regulate the securitisation and reconstruction of financial assets and enforcement of security interests against the debtor ..... the stipulated statutory period of 60 days, the respondent-bank filed an application before the chief metropolitan magistrate, mumbai under section 14 of the sarfaesi act for seeking possession of the mortgaged properties which are in actual possession of the appellant. the learned chief metropolitan magistrate allowed the application filed by .....
Tag this Judgment!Court : Supreme Court of India
..... whatsoever. mr. k. ramakrishna reddi, learned advocate general for the state of telangana contends that the specified institutions in the tenth schedule of the reorganisation act, 2014 are partly corporate personalities, in the nature of state owned institutions, without any commercial element and are non-profit in nature. the learned advocate ..... amended by a competent legislature or other competent authority; and whereas, it has become necessary to adapt the andhra pradesh state council of higher education act, 1988 and the rules and regulations made thereunder for the purpose of facilitating their application in relation to the state of telangana thus, the telangana ..... state council of higher education (hereinafter referred to as the apsc ) was constituted under section 3 of the andhra pradesh state council of higher education act, 1988, to advise the state government in matters relating to higher education in the state and to oversee its development with perspective planning. the apsc .....
Tag this Judgment!Court : Supreme Court of India
..... the ownership of the mines vests in the state of jharkhand in view of the declaration under the provisions of the bihar land reforms act, 1950 which act is protected by placing it in schedule ix added by the first amendment to the constitution. while speaking for the constitution bench in waman ..... organizations. 18. mineral ilmenite, rutile, leucoxene, zircon and monazite except sillimanite and garnet have been classified as prescribed substances under the atomic energy act 1962. under the central government industrial policy 1991, mining and production of minerals classified as prescribed substances was reserved for the public sector. as per ..... non scheduled mineral) by state/central public sector undertakings is not in consonance with the provisions of mines and minerals (development and regulation) act, 1957 (for short mmdr act 1957 ); (ii) whether state government s policy of reservation for exploitation of beach sand minerals by its public sector undertakings is untenable on .....
Tag this Judgment!Court : Supreme Court of India
..... . (3) if any question arises whether any matter is or is not a matter as respects which the governor-general is by or under this act required to act in his discretion or to exercise his individual judgment, the decision of the governor-general in his discretion shall be final, and the validity of anything ..... ministers. (3) if any question arises whether any matter is or is not a matter as respects which the governor is by or under this act required to act in his discretion or to exercise his individual judgment, the decision of the governor in his discretion shall be final, and the validity of anything done ..... under article 163(1). secondly, under article 163(1) the discretionary power of the governor extends to situations, wherein a constitutional provision expressly requires the governor to act in his own discretion. thirdly, the governor can additionally discharge functions in his own discretion, where such intent emerges from a legitimate interpretation of the concerned provision, .....
Tag this Judgment!Court : Supreme Court of India
..... . it further observed that the high court ought not to entertain petition for implementation of recommendations/orders of the lokayukta - as there is sufficient provision under the act itself to get the same implemented. the court also opined that there was no element of public interest in the grievances made by the appellant. on that finding ..... . it is unnecessary for us to dilate on this aspect.15. as aforesaid, the relief in the writ petition was limited to directing the competent authority to act upon the recommendations made by the lokayukta. that relief has worked out in view of the direction issued by the competent authority to investigate/enquire into the factual ..... . we may, therefore, accede to the request of the law enforcement agencies to give them some more time to complete the investigation/enquiries in relation to the acts of commission and omission of respondent nos.5 and 6 or any other person(s) privy thereto.16. considering the fact that the law enforcement agencies are on .....
Tag this Judgment!Court : Supreme Court of India
..... as the case may be.61. it was also submitted that town planning and municipal institutes are regulating and restricting the use of private property under the aforesaid acts. they are expropriatory legislation . thus they are liable to be construed strictly as laid down in chairman, indore vikas pradhikaran v. pure industrial coke & chemicals ..... thereafter, kvtds was also proposed, published, finalised and approved before the land use was changed by the state government. under the provisions of the 1973 act, the development plan/raipur master plan (revised) 2021 that is prevailing, respondent 2 rda as well as the state government gave primacy to kvtds and ..... a later stage the court again observed at p. 362: rules enunciated by the courts for determining compensation for compulsory acquisition under the land acquisition act vary according to the nature of the land acquired. for properties which are not marketable commodities, such as lands, buildings and incorporeal rights, valuation has .....
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
..... is whether this interpretation is belied by the legislative history of the statutory provision. e. legislative history 24 originally, the representation of the people act, 1951 distinguished between major corrupt practices (which were defined in section123) and minor corrupt practices (in section 124). among the minor corrupt practices, ..... elector and whether the appeal if made is in violation of the provisions of sub-section (3) of section 123 of the representation of the people act, 1951.50. the reference is answered as above and the matter may be placed before hon ble the chief justice for necessary orders. .....................................................j ..... jurisprudence and european legal culture. it was said: . the adoption of a purposive approach to construction of statutes generally, and the 1990 act [human fertilisation and embryology act 1990]. in particular, is amply justified on wider grounds. in cabell v markham[22]. justice learned hand explained the merits of purposive .....
Tag this Judgment!Court : Supreme Court of India
..... punishment prescribed under the criminal law even if they are not only the beneficiaries of the tampered examination process but also the perpetrators of the various acts which constitute offences contaminating the examination process. taking note of the observations extracted above, according to learned counsel, it would not be incorrect to ..... , should not be allowed to trounce, the cause of public good. further, if the undertaking as given was considered, and accepted, that itself would act as a deterrent, for other students in future. the undertakings given by these appellants is extracted below: the appellants would serve in government hospitals/government health ..... that there should be no judicial sympathy, to the advantage of persons, who secured admission by stratagem and trickery. it was accordingly submitted, that any act of bestowing legality on admissions acquired through such a selection process, would constitute a misuse of power vested in this court under article 142 of the .....
Tag this Judgment!Court : Supreme Court of India
..... by their agreement the parties have chosen english law as the law to govern their arbitration proceedings, while contractually importing from the indian act those provisions of that act which are concerned with the internal conduct of their arbitration and which are not inconsistent with the choice of english arbitral procedural law. ..... commercial arbitration, no application for interim relief would be maintainable under section 9 or any other provision, as applicability of part i of the arbitration act, 1996 is limited to 9 (2009) 7 scc22012 all arbitrations which take place in india. similarly, no suit for interim injunction simpliciter would be ..... in bhatia international (supra) has to be appositely appreciated and understood. in bhatia international (supra), an application was preferred under section 9 of the act before the learned iiird additional district judge, indore, madhya pradesh and the appellant therein had raised the plea of maintainability of such an application on .....
Tag this Judgment!