Court : Supreme Court of India
..... for common purposes during consolidation, would be required to approach. after due consideration of the entire matter, we find no provision in the 1961 act, the 1976 act or the consolidation act that provides a forum to a person who raises such a plea and, therefore, in the absence of any fora for deciding such a ..... ranjit singh. this court held that no compensation was payable in view of the four acts, namely, the 1948 act, the punjab act and the pepsu act, the 1961 act and also the punjab security of land tenures act, 1953 as such acts were a part of a general scheme of reforms and any modification of rights such as ..... panchayats along with its management and power of alienation and thus superseding the village proprietary body .8. the east punjab holdings (consolidation and prevention of fragmentation) act, 19486 was enacted to provide for compulsory consolidation of agricultural holdings and for preventing their fragmentation. the expression common purpose defined under section 2(bb) to .....
Tag this Judgment!Court : Supreme Court of India
..... . we place reliance on this judgment.. 14.1 from the two decisions referred to by us, it is crystal clear that the consumer protection act and the rera act neither exclude nor contradict each other. in fact, this court has held that they are concurrent remedies operating independently and without primacy. when statutes ..... significantly in recent years, it has been largely unregulated, with absence of professionalism and standardization and lack of adequate consumer protection. though the consumer protection act, 1986 is available as a forum to the buyers in the real estate market, the recourse is only curative and is not adequate to address all ..... sushma ashok shiroor respondent(s) with civil appeal no.7149 of 2019 judgment pamidighantam sri narasimha, j.1. these appeals under section 23 of the consumer protection act, 19861, arise out of the judgment dated 19.06.2019 passed by the national consumer disputes redressal commission2. the commission directed the appellant- developer to refund .....
Tag this Judgment!Court : Supreme Court of India
..... petitioners to get revised salary 10 6. once the curtain was finally drawn on their very employment, the employees started filing applications before the controlling authority under the act. in their applications before the controlling authority, the employees included the ad hoc payment made pursuant to the interim orders of this court, as part of the wages ..... observing that when the final order is passed, the interim order automatically comes to an end. 1110. understanding the said order differently, the appellate authority under the act dismissed the appeals filed by the management. therefore, the management filed writ petitions on the file of the high court.11. in so far as the case of ..... else .22. in view of the above, the appeals are allowed and the orders of the high court, the controlling authority and the appellate authority under the act, holding that the ad hoc payment made pursuant to the interim orders by this court will form part of the wages, are set aside. however, in view .....
Tag this Judgment!Court : Supreme Court of India
..... his removal from service or a lesser punishment, as the case may be, whereas in the criminal proceedings, the question is whether the offences registered against him under the pc act are established, and if established, what sentence should be imposed upon him. the standard of proof, the mode of inquiry and the rules governing inquiry and trial in both the ..... on 31st august, 2015. a case was lodged against the respondent under section 7 (12) & (13), sub-section 2 read with section 13(i)(d) of the prevention of corruption act, 1988. the appellant also 1 (ca no.2794 of 2022 @ slp(c) no.12061/2021 passed an order of suspension against the respondent on 3rd august, 2015. this suspension was .....
Tag this Judgment!Court : Supreme Court of India
..... essence and substance is the heartbeat of fair play. actions are amenable, in the panorama of judicial review only to the extent that the state must act validly for a discernible reason, not whimsically for any ulterior purpose. the meaning and true import and concept of arbitrariness is more easily visualized than precisely ..... of retirement between employees belonging to different classes though in the same service could not be termed to be discriminatory. the teachers within the meaning of the act include professors, readers, lecturers and other persons imparting instructions in any affiliated college. even though the definition is inclusive, yet it is only for the ..... been utterly unreasonable. otherwise you would get a conflict between the courts and the government and the authorities, which would be most undesirable. the courts must act very warily in this matter. (see judging the world by garry sturgess philip chubb.)41. in our opinion judges must maintain judicial self-restraint while .....
Tag this Judgment!Court : Supreme Court of India
..... by the himachal pradesh high court3 (hereafter high court ) directing the state to initiate land acquisition proceedings, a notification under section 4 of the land acquisition act, 1894 (hereafter act ) was issued on 16.10.2001 (published on 30.10.2001) and the award was passed on 20.12.2001 fixing compensation at 30,000 per bigha ..... this led the appellants to file a writ petition before the high court in 2011, seeking compensation for the subject land or initiation of acquisition proceedings under the act. relying on a full bench decision8 of the high court, it was held in the impugned judgment that the matter involved disputed questions of law and fact ..... ors. v. state of uttar pradesh & ors. 2011 (12) scr191 and jilubhai nanbhai kahchar v. state of gujarat 1994 supp (1) scr807 12 remedy decades after the act of dispossession, we also deem it appropriate to direct the respondent-state to pay legal costs and expenses of 50,000 to the appellants. pending applications, if any, are hereby .....
Tag this Judgment!Court : Supreme Court of India
..... always apply reasonable amount of guesswork to balance the equities in order to fix a just and fair market value in terms of parameters specified under section 23 of the act. (see trishala jain v. state of uttaranchal [trishala jain v. state of uttaranchal, (2011) 6 scc47: (2011) 3 scc (civ) 178]. and vithal rao v. lao [vithal rao v. ..... the sale instances are with respect to small plots and even the same instances were of the year 1987. in the present case, notification under section 4 of the 1894 act has been issued in the year 1992. as per the settled position of law, small plots/parcels of land cannot offer the same market value as when a large ..... the present appeals.2. the facts leading to the present appeals in a nutshell are as under: that a notification under section 4 of the land acquisition act, 1894 (hereinafter referred to as the 1894 act ) was issued on 05.11.1992 seeking to acquire 65 hectares 47 r land situated at borkhedi tahsil, district nagpur. the said land was sought .....
Tag this Judgment!Court : Supreme Court of India
..... this court had occasion to consider the effect of amalgamation of two companies, and the rights and liabilities in relation to claim for depreciation, under the act. the assessee had taken over a sick company-hpl by amalgamation; hpl ceased to have any identity after amalgamation. the relative rights, however, were ..... this section- (a) " property" includes property, rights and powers of every description and" liabilities" includes duties of every description; and.. 9 under the present companies act, 2013, the corresponding provisions are sections 230-234. 1018. amalgamation, thus, is unlike the winding up of a corporate entity. in the case of amalgamation, the outer ..... jha, learned counsel, that upon sanction of amalgamation scheme, the amalgamated company stood dissolved without winding up, in terms of section 394 of the companies act, 1956. reliance was placed on the decision of this court in saraswati industrial syndicate v. commissioner of income tax haryana, himachal pradesh.6 it was .....
Tag this Judgment!Court : Supreme Court of India
..... r. metri (appellant in connected appeals being criminal appeal nos.537 538 of 2018) [hereinafter referred to as the respondent officer ]. under section 63 of the army act, and in turn, sentenced him to punishment of forfeiture of seniority of rank of major and of severe reprimand. the learned aft has also directed that the respondent ..... respondent officer, aggrieved by that part of the said judgment and order of the learned aft, convicting him for offence punishable under section 63 of the army act and sentencing him to punishment of forfeiture of seniority of rank and of severe reprimand.4. the facts necessary for adjudication of the present appeals are as under ..... the gcm proceedings were ordered to be instituted against the respondent officer and five others on 28th june, 2012, on the following charges:"a) charge no.1: army act sec 69 committing a civil offence, that is to say, being a public servant, obtaining for himself a gratification other than legal remuneration as a reward for doing .....
Tag this Judgment!Court : Supreme Court of India
..... a share or interest is being acquired, is situated: provided that (1) the instrument has been registered and its registration completed in the manner prescribed by the indian registration act, 1908 (16 of 1908) and the rules made thereunder, (2) the instrument or memorandum has been duly entered or filed, as the case may be, in books ..... did not confer any power of sale.10. in fact the high court rejected even the refuge sought by the respondent under section 41 of the transfer of property act which reads as follows: transfer by ostensible owner. where, with the consent, express or implied, of the persons interested in immoveable property, a person is the ostensible ..... a document and present the same for registration, should be understood to mean the power to execute documents requiring registration in the light of section 49 of the registration act, 1908; and (v) that, therefore, a bonafide purchaser like the respondent should not be made to suffer.9. but we do not agree with the above .....
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