Court : Supreme Court of India
Reported in : AIR2006SC2050; 2006(3)AWC2503(SC); [2007(1)JCR192(SC)]; JT2006(5)SC578; 2006(2)KLT840(SC); 2006(5)SCALE516; (2006)5SCC239
..... . this court in a. neelalohithadasan nadar v. george mascrene and ors. : [1994]3scr437 , emphasized on the principle of purity of elections holding that section 94 of the act cannot be pressed into service to suppress a wrong coming to light and to protect a fraud on the election process. therein this court followed s. raghbir singh gill (supra ..... , it can be said with confidence that this postulate of constitutional democracy rests on public policy.13. a question was posed as to whether section 94 of the act creates an absolute prohibition and it was answered in the following terms:18. it was said that section 94 lends itself open to one construction alone. it is cast ..... appearing on behalf of the first respondent, on the other hand, inter alia, contended that the voters merely enjoy a privilege in terms of section 94 of the act; but the same would not mean that the courts cannot be asked to issue any summons therefore. drawing our attention to the fact that in the application for summoning .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC2035; 102(2006)CLT385(SC); 2006CriLJ2782; 2006(5)SCALE638; (2006)6SCC669
..... date of occurrence as alleged in the complaint. according to the learned counsel, the dispute involved in the alleged complaint is of civil nature and none of the acts allegedly committed by the appellants gave rise to any criminal liability.8. per contra, learned counsel for the respondent- complainant contended that the contents of the complaint ..... under:quashing of fir or a complaint in exercise of the inherent powers of the high court should be limited to very extreme exceptions. merely because an act has a civil profile is not sufficient to denude it of its criminal outfit. the provision incorporated in the agreement for referring the disputes to arbitration is ..... not an effective substitute for a criminal prosecution when the disputed act is an offence. arbitration is a remedy for affording reliefs to the party affected by breach of the agreement but the arbitrator cannot conduct a trial of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC2446; 2006(3)CTC508; [2006(110)FLR628]; 2006(6)SCALE321; (2006)10SCC207
..... rival submissions, it is necessary to set out certain background facts of this case:the respondent herein filed the, application under section 19 of the administrative tribunal act, 1985 on the file of the andhra pradesh administrative tribunal, hyderabad praying for a direction to the appellant to consider his case for appointment of assistant motor vehicle ..... this order. no costs.7. the appellant purportedly in implementation of the impugned order took up the case of the respondent on the ground that act 14 of 1997 of the andhra pradesh legislature prohibits the corporation employees from being absorbed in government. in fact the contention of the respondent is that the ..... act 14 of 1997 has no application sine it says that the absorption of public sector undertaking employees is prohibited only on the ground that the undertaking .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2006)205CTR(SC)193; [2006]286ITR89(SC); [2007(1)JCR1(SC)]; JT2006(12)SC121; 2006(9)SCALE320
..... has been shown by an employer in favour of an employee in the matter of rent respecting accommodation. thus, whereas 'charging provision' is found in the act of parliament [section 17(2)(ii)], 'machinary component' is in the subordinate legislation (rule 3). the latter will apply only after liability is created under the ..... aspects, it took a decision, it could not be said to be unlawful or unwarranted. the legislative policy had been reflected in section 17 of the act and the rule making authority, merely implemented the said policy on the basis of essential legislative functions performed by parliament. the court, therefore, negatived the contention ..... constitutionality and the burden is upon the person who attacks it to show that there has been transgression of constitutional principles. for sustaining the constitutionality of an act, a court may take into consideration matters of common knowledge, reports, preamble, history of the times, object of the legislation and all other facts which .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC301; JT2006(9)SC585; 2006(11)SCALE375; (2006)10SCC66; 2006AIRSCW6102
..... accounts of the concerned employees in the regional provident fund commissioner after the completion of formalities under the provisions of employees provident fund and miscellaneous provisions act,1952. the demurer of the hotel union from itdc was a considered decision taken by the cabinet committee on disinvestment and had the approval of the ..... by an order made under section 154. the house of lords stated as under:when the court makes an order under section 154 of the companies act, 1929, transferring all the property and liabilities of the transferor company to the transferee company, a contract previously existing between an individual and the transferor ..... and the manipur university without simultaneously making it either expressly or by necessary implication, subject to the respondent's consent. the provision in manipur university act for the transfer of the services of the staff working at the said center must be construed as enabling such transfer with the consent of the employee .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2006(14)SCALE285
..... dies before taking possession or applying for a grant of administration, is not a 'beneficial interest' within the meaning of section 4 of the succession and probate duties act 1892 to 1955 (queensland) [commissioner of stamp duties (queensland) v. lingston (1965) ac 694. 25. in 'bouvier's law dictionary and concise encclopedia' ..... subsequent document i.e. debenture trust deed?c) whether the originating summons filed by the appellant was maintainable?12. the 1913 act was enacted to consolidate and amend the law constituting the office of official trustee. an official trustee is appointed by the government. rights, powers, duties ..... which in view of the rival contentions of the parties arise for consideration are:a) whether the application made by the respondent under the official trustee act, 1925 to the calcutta high court was maintainable?b) whether the defect of unregistered document assigning lease of immovable property stood cured by registration of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC696; 2007(1)SCALE138; (2007)2SCC218
..... in question, does not fall under any duly notified controlled area, declared under the provisions of the punjab scheduled roads and controlled areas (restriction) of un-regulated development act, 1963, now repealed. thus there are no controlled area restrictions at mandi gobindgarh, in view of the above legal position.10. that the secretary, housing and urban ..... in which air pollution control devices is not required. hence, all the remaining industrial units have complied with the provisions of the air (prevention and control of pollution) act, 1981.submitted for the kind information of the hon'ble punjab and haryana high court for issue of appropriate order in the case. 3. taking note of the report ..... was filed on 8.4.2002 by the board showing that 61 units have complied with the provisions of the air (prevention & control of pollution) act, 1981. out of remaining 27 units, 16 units have been closed down by the board under section 21/31a of the air (prevention and control of pollution .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(6)ALLMR(SC)478; [2007(114)FLR982]; JT2007(5)SC294; 2007(5)SCALE421; (2007)4SCC562007AIRSCW2532; JT2007(5)SC294; 2007(3)KCCRSN130
..... chand despite being an important piece of evidence. the accused was acquitted by the hon'ble court of sh. s.s. bal, spl. judge, tis hazari, delhi in the above noted case.the above act on the part of you, inspr. prem chand, no. d-i/413 amounts to gross misconduct, negligence and dereliction in ..... was stated:misconduct has been defined in black's law dictionary, sixth edition at page 999, thus:a transgression of some established and definite rule of action, a forbidden act, a dereliction from duty, unlawful behavior, wilful in character, improper or wrong behavior, its synonyms are misdemeanor, misdeed, misbehavior, delinquency, impropriety, mismanagement, offense, but not ..... is a relative term, and has to be construed with reference to the subject matter and the context wherein the term occurs, having regard to the scope of the act or statute which is being construed. misconduct literally means wrong conduct or improper conduct.[see also bharat petroleum corpn. ltd. v. t.k. raju : (2006) .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC2091; 2007(5)ALD56(SC); 2007(2)BLJR1627; 2007(7)SCALE454; 2007(2)LC0706(SC); 2007AIRSCW3719; JT2007(7)SC518; 2007(4)KCCRSN288
..... of the other institutes of accountancy, the degrees granted in respect thereof are six in number, as would appear from appendix no. (8) of the said act. the expression 'any other qualification that he may possess', therefore, must be read as qualification other than conferred upon the member by other institutes of accountancy. ..... 6. mr. s. ganesh, the learned senior counsel appearing on behalf of the respondents, on the other hand, would submit:i) section 7 of the act prohibits a chartered accountant from using any other description, whether in addition thereto or in substitution thereof. a chartered accountant is, therefore, prohibited from using the description ..... exhaustive and includes areas in financial and investment management, micro economics and security evaluation, project appraisal and indian financial system. section 2(b) of the act defines 'chartered accountant' as to mean a person who is a member of the institute and the persons who have passed such examination and complete such .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC187; 2007(2)BLJR3030; 2007(6)BomCR801; JT2007(11)SC484; (2008)1MLJ51(SC); 2007(11)SCALE630; (2007)8SCC559
..... jurisdictional fact exists, a court, tribunal or authority has jurisdiction to decide other issues. if such fact does not exist, a court, tribunal or authority cannot act. it is also well settled that a court or a tribunal cannot wrongly assume existence of jurisdictional fact and proceed to decide a matter. the underlying principle is ..... said to be a 'preliminary' or 'jurisdictional fact' and said fact would confer jurisdiction on the court to consider the question whether the provisions of the rent act were applicable. the question, however, is whether in the present case, the learned counsel for the appellant tenant is right in submitting that the 'jurisdictional fact' ..... the legislature as of necessity must have a lot of latitude in this regard. whether any particular category of tenants needs to be protected under the rent act is a matter of legislative determination. there is nothing arbitrary if such protection is taken away in case of certain categories of tenants having regard to .....
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