Court : Supreme Court of India
..... reality the situation is appalling and unnerving. the marriage is irretrievably broken down and dead. we would not read the provisions of the hindu marriage act, their underlying intent, and any fundamental specific issue of public policy, as barring this court from dissolving a broken and shattered marriage in exercise of ..... thereon being reason, restraint and injustice. in delhi judicial service association (supra), this court observes that any prohibition or restriction contained in ordinary laws cannot act as a limitation on the constitutional power of this court to issue any order or direction to do complete justice in any cause or matter . finally ..... article 142 is at an entirely different level and of a different quality. prohibitions or limitations or provisions contained in ordinary laws cannot, ipso facto, act as prohibitions or limitations on the constitutional powers under article 142. such prohibitions or limitations in the statutes might embody and reflect the scheme of a .....
Tag this Judgment!Court : Supreme Court of India
..... in law compensation even while regulatory commission s orders are challenged. the policy directive dated 27.08.2018 issued in terms of section 107 of the electricity act, 2003 by the ministry of power (mop) to the cerc emphasized on the need to ensure expeditious recovery of change in law compensation. the desirability ..... the case of energy watchdog (supra) that the electricity sector, having been 84 privatized, had largely fulfilled the object sought to be achieved by the electricity act. he had stated that delicensed electricity generation resulted in production of far greater electricity than was earlier produced. the learned attorney general had further urged the ..... regulatory commissions and the learned aptel.128. this court, in the case of msedcl v. apml & ors. (supra), after considering the statutory provisions in the electricity act, 2003, held that the cerc, sercs and the learned aptel are bodies consisting of experts in the field.129. this court, in the said case, observed thus .....
Tag this Judgment!Court : Supreme Court of India
..... central electricity regulatory commission (2010) 4 scc603 in ptc india limited4, the actual question which arose was as to whether the appellate tribunal under the act has jurisdiction under section 111 to examine the validity of regulations framed in exercise of power 4 ptc india limited v. central electricity regulatory commission (2010 ..... initial consent in schedule 2, on behalf of the procurers, the spv was expected to issue the notification under section 6 of the land acquisition act, obtain necessarily environmental and forest clearance for the power stations, allocate captive coal mines and finally, give the water linkage for the reasonable project requirements ..... by the appellate tribunal for electricity (hereinafter referred to as tribunal for brevity) in an appeal carried by the first respondent under section 111 of the act. (2) the appeal before the tribunal, in turn, was lodged against the order passed by the central electricity regulatory commission (hereinafter referred to as .....
Tag this Judgment!Court : Supreme Court of India
..... property and the environment. however, the national environment tribunal, which had a very limited mandate, was not established. the 20 national environment appellate authority act, 1997 was enacted to establish the national environment appellate authority to hear appeals with respect to restriction of areas in which any industries, operations or processes ..... or class of industries, operations or processes shall not be carried out or shall be carried out subject to certain safeguards under the environment (protection) act, 1986. the national environment appellate authority has a limited workload because of the narrow scope of its jurisdiction.5. taking into account the large number ..... the quality of environment.........". section 5 clothes the central government or its delegate with the power to issue directions for achieving the objects of the act. read with the wide definition of "environment" in section 2(a), sections 3 and 5 resply clothe the central government with all such powers .....
Tag this Judgment!Court : Supreme Court of India
..... shri sangwan, learned aag appearing on behalf of the state that once the lands in question have been acquired after following the due procedure required under the act and thereafter, the award came to be passed and even the compensation was paid and the possession was taken over and the lands actually vested in the ..... for residential, commercial and institutional purposes in sector 6 and 11, kurukshetra. it appears that even before the issuance of 3 notification under section 6 of the act, the land measuring 81.91 acres belonging to 43 land holders came to be released, details of which shall be considered hereinbelow. that thereafter, except the original ..... for the development and utilization of land as residential and commercial sector 11, kurukshetra and the same was followed with declaration/notification under section 6 of the act dated 20.04.1988. the objections were invited from all the concerned land owners. that thereafter, the award was pronounced by the land acquisition collector on .....
Tag this Judgment!Court : Supreme Court of India
..... evidence to disprove the same can be allowed by the court. this is especially so when the parties to the marriage admittedly had 1for short, evidence act or the act , as the case may be 54 access to each other during the time when the child could have been begotten.4. the main contention of shri ..... of justice. by adopting the above course, the issue of infidelity alone would be determined, without expressly disturbing the presumption contemplated under section 112 of the evidence act. even though, as already stated above, undoubtedly the issue of legitimacy would also be incidentally involved.20. heavy reliance is also placed by shri kapil sibal, ..... direction issued by the court, the allegations would be determined by the court, by drawing a presumption of the nature contemplated in section 114 of the indian evidence act, particularly, in terms of illustration (h) thereof. vii. that by adopting the above course, the issue of infidelity alone would be determined, without expressly disturbing .....
Tag this Judgment!Court : Supreme Court of India
..... or meaning, hence we hold that the nature, scope and sweep of the power entrusted to the central government to cause exception or modification in a central act, state act or provincial act resembles the power 39 exercisable by it under section 67(2) and is subject to the same limitations. any attempt, if made to widen the scope ..... exception and if section 72(1) is dissected into parts for its better understanding, it reveals that: (i) when a body corporate constituted under a central act, state act or provincial act for the existing state of punjab or for any part thereof, (ii) serves the needs of the successor states or by virtue of reorganization of the state ..... 72 clearly points out that the parliament was making the provision in section 72 with regard to the bodies corporate which had been constituted under a central act, state act or provincial act and that is why the legislative authority for making a law in respect of these bodies corporate was not specified. it may be for the reason .....
Tag this Judgment!Court : Supreme Court of India
..... did not include commissioning activities, are all factual aspects which cannot be examined while exercising judicial review over the decision of the respondent under section 197 of the act. 1430. the petitioner has relied upon the judgments in ishikawajima- harima heavy industries: [2007]. 288 itr408(sc) and hyundai heavy industries: [2007]. 291 ..... with determination of rate of tax deduction. on perusal of reasons, it becomes manifest that during the course of enquiry under section 197 of the act, the petitioner was asked to furnish the details regarding the scope and nature of the aforenoted contracts. revenue contends that for the r-series contracts, ..... for avoidance of double taxation hereinafter referred to as the aadt between india and the uae apply in determining the taxable income of the appellant under the it act.4. the appellant is, inter alia, engaged in the fabrication of petroleum platforms, pipelines and other equipment, installation of petroleum platforms, submarine pipelines, .....
Tag this Judgment!Court : Supreme Court of India
..... shri k. g. erda, the above case was registered under different sections of ipc relating to unlawful assembly, murder, bombay police act and arms act against 11 named individuals and unknown others. after investigation, 11 charge sheets were filed against 71 individuals while 2 persons were arraigned as ..... v. k. solanki of naroda police station, the above case was registered under different sections of ipc and bombay ----------------------------------------------------------------------------------------- page:445. police act against 5 named individuals and unknown others. 70 persons were charge-sheeted in 8 charge-sheets. the case is presently under trail. 405 facts ..... places of worship of a religious denomination into places of worship of different religious denomination under the provisions of places of worship (special provision) act 1991. besides that dgp was advised that reporters, editors, printers, publishers and owners of the media must be advised to discourage distorted reporting .....
Tag this Judgment!Court : Supreme Court of India
..... and it would be open to the convict to seek appropriate directions from the court.1225. that the prisoners convicted of murder after rape, under pocso act, convicted for multiple murders whether in single case or several cases, dacoity with murder and murder after kidnapping for ransom, may be considered by the competent ..... a citizen of india.1224. the following categories of prisoners shall not be eligible for release on furlough: i. prisoners convicted under sedition, terrorist activities and ndps act. 12 ii. prisoners whose immediate presence in the society may be considered dangerous or otherwise prejudicial to public peace and order by the district magistrate of his ..... . we are also satisfied that the victims were helpless and undefended. taking into consideration all the facts and materials, it is crystal clear that the entire act of atbir amounts to barbaric and inhuman behaviour of the highest order. the manner in which the murder was carried out in the present case is extremely .....
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