Court : Supreme Court of India
..... that there is a need to classify diverse public utility contracts as a distinct class recognising the inherent public interest/importance to be addressed in the act. any public work must progress without interruption. this requires consideration whether a court s intervention in public works should be minimal. smooth functioning of ..... involving contract based infrastructure developments, public private partnerships and other public projects, involving huge investments; and changes required in the present scheme of the act so that specific performance is granted as a general rule and grant of compensation or damages for non-performance remains as an exception, the committee decided ..... union law & justice minister shri d.v.sadananda gowda here in new delhi. in its report the committee has recommended modifications in the specific relief act, 1963 for ensuring the ease of doing business. in the context of tremendous developments which have taken place since 1963 and the present changed scenario .....
Tag this Judgment!Court : Supreme Court of India
..... of the date of retirement , it creates a class within a class based on the date of retirement; (xv) the decision to define orop in narrow terms is an executive act which can be judicially reviewed and is not a policy decision; (xvi) according to the letter of the union government dated 7 november 2015, the pension of past pensioners would .....
Tag this Judgment!Court : Supreme Court of India
..... 10% rather than permitting 20% and by deliberately promoting the junior engineers to the other 10% quota of the direct recruits, the state government had definitely acted in a biased manner. there is any amount of justification for the grievance of the direct recruits that the state had passed an omnibus order on 2.1 ..... by commissioner level officers. this order was sought to be reviewed, again: however, cat disposed of those applications, by its clarificatory order dated 30.03.2000.40. acting on the basis of these orders, a report was prepared by a five-member committee (which held consultations among the employees, and seven sittings) and submitted on 28. ..... and replacing the same with the bunching system. the bunching process has the effect of balancing the ratio as far as possible without much deviation and it acts as an effective catalyst and always equalizes the inequalities created by excess promotion or excess.23. the respondents urge that there cannot be excess direct recruitment in .....
Tag this Judgment!Court : Supreme Court of India
..... out of the execution or non execution of the whole or a part of a works contract, including the dispute regarding rescission thereof. section 22 of the 2008 act starts with a non obstante clause which provides that notwithstanding anything contained in any other law, rule, order, scheme, or contract, any dispute as defined under section ..... of interest at the rate of 10% per annum is illegal.7. the learned counsel appearing for the respondent submitted that under section 18 of the 2008 act, the arbitration tribunal has a power to extend the period of limitation. he, therefore, submitted that there is no infirmity in the finding recorded by the ..... j.delay condoned. leave granted.1. the first appellant, the bihar industrial area development authority, has been constituted under the provisions of the bihar industrial area development act, 1974. a tender was invited by the executive engineer of the first appellant to carry out the drainage work in an industrial area. the respondent offered a bid .....
Tag this Judgment!Court : Supreme Court of India
..... appellant-officer was well within his right to grant bail to the accused in discharge of his judicial functions. unlike provisions for granting bail in tada act or ndps act, there was no statutory bar in granting bail to the accused in this case. a sessions judge was competent to grant bail and if any disciplinary ..... the implications of the service conditions, with particular reference to the railway service rules and the constitutional provisions contained in section 240 of the government of india act, 1935 and article 311 of the constitution. the elaborate discussion in that judgment has reference to all stages of 39 employment in the public services including ..... control and appeal) rules, 1958 (for short cca rules, 1958).10. the said inquiry was initiated against the appellant vide memorandum dated 07.08.2015 for acts amounting to 8 misconduct and violation of rule 3 and 4 of the rajasthan civil services (conduct rules), 1971. the allegations levelled against the appellant included, inter .....
Tag this Judgment!Court : Supreme Court of India
..... for the decree for a permanent injunction claiming to be in possession and the declaration and permanent injunction as such invoking section 53a of the transfer of property act. when the suit is for a decree of permanent injunction and it is averred that the plaintiffs are in possession of the suit property pursuant to the ..... the plaint on the ground that the suit is barred by limitation as well as the suit for a declaration simpliciter under section 53a of the transfer of property act would not be maintainable against the original owner, the original plaintiffs have preferred the present appeal.3. shri ankur sood, learned counsel appearing on behalf of the ..... the plaint on the ground that the suit is barred by limitation and that the suit for a declaration simpliciter under section 53a of the transfer of property act would not be maintainable against the actual owner. 2.4 feeling aggrieved and dissatisfied with the impugned judgment and order passed by the high court allowing the application .....
Tag this Judgment!Court : Supreme Court of India
..... those services under the disposal of altogether a different authority. reference to section 73 is also misplaced as it only provides that the authorities constituted under the act shall be bound by such directions in the matter of policy as may be given to them by the state government...24. the counsel for the state ..... sada and development authority. it is contended that their constitution, functions, budget, officers are entirely separate and distinct. sada malajkhand was established under section 64 of the act. gda was constituted under section 38. rule 3(2) of the 1976 rules can be applied only for transfer of an employee from one sada malajkhand to another ..... it is the case of the appellants that in exercise of powers under section 76b of the madhya pradesh nagar tatagram nivesh adhiniyam, 1973 (hereinafter referred to as the act ), on 01.07.1975, was notified as the date for constitution of the m.p. development authority services. according to the state, the post of assistant engineer .....
Tag this Judgment!Court : Supreme Court of India
..... the high court is that as the sale deed dated 12.02.1979 is more proximate in time to the date of 3 notification issued under section 4 of the act, 1894, i.e., 01.10.1980 as compared to the sale deed dated 29.12.1976, therefore, the sale deed dated 12.02.1979 is more appropriate ..... of the original landowners references were made to the district court under section 18 of the act, 1894. before the reference court, the claimants heavily relied upon the sale deed registered between the years 1977 to 1979, which were marked as exh.2, exh.2/a ..... of the respective appellants situated in village gulabjhari, district palamau (jharkhand) were acquired under the 1 provisions of the land acquisition act, 1894 (hereinafter referred to as act, 1894 ) for public purpose. a notification under section 4 of the act, 1894 was published on 01.10.1980. that the land acquisition officer awarded rs. 180/- per decimal. at the instance .....
Tag this Judgment!Court : Supreme Court of India
..... the said first appeal preferred by the appellant herein original claimant, the original claimant has preferred the present appeal. 12. notification under section 4 of the land acquisition act, 1894 (for short, 1894 act ) was issued proposing to acquire the land of the original land owner vide notification dated 01.10.1980 for public purpose. the land acquisition officer awarded a total ..... compensation of rs.92,121/- for the entire acquired land. a reference under section 18 of the 1894 act at the instance of the land owner being reference case no.36/1989 came to be rejected. 2.1 feeling aggrieved and dissatisfied with the judgment and award passed by .....
Tag this Judgment!Court : Supreme Court of India
..... raised is that the impugned circular does not take into account the needs of disabled persons in the state s workforce. the rights of persons with disabilities act 2016 is a statutory mandate for recognizing the principle of reasonable accommodation for the disabled members of society. this obligation has been elaborated upon in several decisions ..... a provision is generally not made in the recruitment rules. this submission is based on the disclosure made by the department of revenue under the right to information act 2005 on 3 july 2018. the attachment with the rti disclosure contains the following tabulation: 4. d/o revenue has further suggested for following changes in the ..... excise and land customs or, as the case may be, goods and services tax administration, who were allocated to different ccas. section 4 of the customs act 1962 provides that the central board 4 of indirect taxes and customs may appoint such persons as it thinks fit to be officers of customs. a similar provision .....
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