Court : Supreme Court of India
..... decisions will decide the destiny of such a claim. in the facts of this case, having regard to the fact that two courts have concurrently found that the respondents were acting on the basis of the report of tahasildar who had opined that the appellant was not a member of the scheduled caste, the respondents were entitled to take shelter under ..... 2009 (5) sc705again relied upon by respondent, the matter arose out of an award by the labour court where exercise of power under section 11 a of the industrial disputes act was made. this is also a case where incidentally the court noted that the appellant-employer remained closed for years together and it was declared as a sick unit. in .....
Tag this Judgment!Court : Supreme Court of India
..... parties committing such violation becomes wholly irrelevant. a breach of civil obligation which attracts penalty in the nature of fine under the provisions of the act and the regulations would immediately attract the levy of penalty irrespective of the fact whether contravention must be made by the defaulter with guilty intention or ..... for imposing penalty for breach of civil obligations or liabilities. (e) there can be two distinct liabilities, civil and criminal, under the same act. *** 52. the sebi act and the regulations, are intended to regulate the securities market and the related aspects, the imposition of penalty, in the given facts and circumstances ..... the statutory obligation contemplated by section 10(1)(a) is established. the high court apparently fell in error in treating the blameworthy conduct under the act as equivalent to the commission of a criminal offence , overlooking the position that the 8 blameworthy conduct in the adjudicatory proceedings is established by proof .....
Tag this Judgment!Court : Supreme Court of India
..... must be treated as exclusive possession though for a short period and would certainly furnish a ground for eviction under section 14(1)(b) of the delhi rent control act. accordingly, the trial court has not appreciated this fine distinction of law and, therefore, the findings returned by the trial court suffer from material irregularity and calls ..... so delivered. in this process, the landlord is kept out of the scene. rather, the scene is enacted behind the back of the landlord, concealing the overt acts and transferring possession clandestinely to a person who is an utter stranger to the landlord, in the sense that the landlord had not let out the premises to that ..... jurisdiction ought not to have had upset the order of the appellate tribunal. 57. the legal point, which has been argued before us, is as to whether the act of the respondents in inducting the three medical practitioners constituted sub-letting or not. this point, no doubt, has to be determined on the basis of evidence adduced .....
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
..... jurisdiction criminal appeal no.1506 of2019santosh & anr. appellants versus state of uttar pradesh respondent judgment1 this appeal under section 2(a) of the supreme court (enlargement of criminal appellate jurisdiction) act, 1970 is directed against the judgment and order dated 08.03.2019 passed by the high court of judicature at allahabad in government appeal no.448 of 2004.2. the ..... recovery memo (ex-ka-12) of the weapons, fir (ex-ka-17) of case crime nos. 162 and 163 of 1998 were registered under section 3/4/25 of arms act, 1959 on 25.03.1998 at 19:50 hours at p.s. shahpur, district gorakhpur, against uma @ uma shankar and bhola, by head moharrir tulsi ram. si anil kumar singh .....
Tag this Judgment!Court : Supreme Court of India
..... the respondent deputy commissioner of income tax4, which partially allowed amounts claimed by apex as business expenditure under section 37(1) of the income tax act, 1961 (hereinafter, it act ).2. the facts in brief are as follows: on 01.08.2012, the central board of direct taxes (hereinafter, cbdt ) issued a ..... applied prospectively.15 contentions of revenue authorities 11. mr. sanjay jain, additional solicitor general appearing for the respondent revenue authorities, submitted that while the act of pharmaceutical companies gifting freebies to medical practitioners for promotion of their products may not be classified as an offence under any statue, it was ..... professional associations in violation of the regulations issued by medical council of india (the 'council') which is a regulatory body constituted under the medical council act, 1956.2. the council in exercise of its statutory powers amended the indian medical council (professional conduct, etiquette and ethics) regulations, 2002 (the .....
Tag this Judgment!Court : Supreme Court of India
..... the rajasthan electricity regulatory commission (hereinafter referred to as the commission ) in exercise of its power conferred under section 42 read with section 181 of the act, 2003 by notification dated 26th may, 2004 called the rajasthan electricity 2 regulatory commission (terms and conditions for open access) regulations, 2004 (for short ..... regulations, 2004 ) which came to be further amended by 3rd amendment vide notification dated 27th december, 2006 under section 42 read with section 181 of the act, 2003 called the rajasthan electricity regulatory commission (terms and conditions for open access) (3rd amendment) regulations, 2006(hereinafter being referred to as the regulations 2006 ..... the judgement of the appellate tribunal dated 03rd february, 2009 became the subject matter of challenge in appeal before us under section 125 of the act 2003.15. learned counsel for the appellant submits that changes which have been given effect to by the commission under its order dated 15th .....
Tag this Judgment!Court : Supreme Court of India
..... to provide for better redressal, mechanism through which cheaper, easier, expeditious and effective redressal is made available to consumers. to serve the purpose of the act, various quasi-judicial forums are set up at the district, state and national level with wide range of powers vested in them. these quasi- judicial ..... ) the right to seek redressal against unfair trade practices or unscrupulous exploitation of consumers; and (f) right to consumer education.11. section 4 of the act of 1885 vests the central government with the exclusive privilege of establishing, maintaining and working telegraphs. the expression telegraph finds its definition in section 3(1aa). ..... 7(b) between private service provider and consumer the authority cannot take decision because, for private service provider any arrangement is not made in the above act regarding telegraphic authority are not given to the service provider, hence, the learned consumer forum has the jurisdiction to hear, decide and dispose of the .....
Tag this Judgment!Court : Supreme Court of India
..... rule 107(14). instead, he challenged the auction proceedings before the divisional joint registrar by way of revision application no.11/2011 26 under section 154 of the mcs act, 1960, which even as observed by the high court was not competent at the instance of the borrower. from the aforesaid, it is clear that at every stage ..... vehemently submitted by the learned senior advocate appearing on 15 behalf of the respondent borrower that as observed by this court in the aforesaid two decisions the bank has to act fairly and all efforts should be made to get the best price for the mortgaged property. it is submitted that in the aforesaid decisions, it is held that ..... 2.5 thereafter, respondent no.1 challenged the auction proceedings before the divisional joint registrar by way of revision application no.11/2011 under section 154 of the mcs act, 1960. respondent no.1 filed an fir being fir no.138/2011 alleging that the mortgaged deed of the property and sale deed with respect to land survey no .....
Tag this Judgment!Court : Supreme Court of India
..... madras high court in m/s. dream castle & anr. v. union of india & ors.30 dealing with amended section 35 of the central excise act by finance act no.2 of 2014 held that when the unamended condition gave only a chance or hope for an assessee to get a total waiver at the discretion ..... that to be its intention. the omission, when contextualized against the statutory scheme, portends a contrary intention to protect pending proceedings through section 107(2) of the act of 2019. this intention appears likely, particularly in light of previous decisions of the ncdrc which had interpreted amendments that enhanced pecuniary jurisdiction, with prospective effect. the ..... ) has held that forum is a matter pertaining to procedural law and therefore the litigant has to pursue the legal proceedings at the forum created by the repealing act, unless a contrary intention appears. this principle would also apply to pending proceedings, as observed in ramesh kumar soni (supra), hitendra kumar thakur (supra) and .....
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