Court : Supreme Court of India
..... that there is sufficient ground for proceeding against the accused. (6) where there is an express legal bar engrafted in any of the provisions of the code or the concerned act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the code or the concerned ..... act, providing efficacious redress for the grievance of the aggrieved party. (7) where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with .....
Tag this Judgment!Court : Supreme Court of India
..... will issue, an inclusive attitude will be taken towards persons with disabilities from all categories furthering the concept of reasonable accommodation recognized in the rpwd act. the approach of the government, instrumentalities of states, regulatory bodies and for that matter even private sector should be, as to how best ..... be followed by the states parties for empowerment of persons with disabilities. the convention laid down the following principles for empowerment of persons with disabilities, which the act seeks to implement:- (i) respect for inherent dignity, individual autonomy including the freedom to make one s own choices, and independence of persons; (ii ..... be governed as per the national medical commission (nmc) guidelines regarding admission of students with specified disabilities under the rights of persons with disabilities act, 2016 (for short rpwd act ). 25. the appellant appeared for the neet (ug) held on 05.05.2024 and qualified the entrance examination. the schedule for .....
Tag this Judgment!Court : Supreme Court of India
..... university were approved by the state government.19. thereafter on 30th may 2017, the state government promulgated an ordinance thereby repealing the 2016 act. the impugned act came to be passed by punjab vidhan sabha, which received the assent of the hon ble governor on 12 4th july 2017 and ..... the complaints received that an institution of national importance was suffering 16 (2004) 1 scc712:2003. insc66742 from mismanagement and maladministration. the central government acted on such findings. circumstances warranting an emergent action satisfied the president of india, resulting in his promulgating ordinances which earlier could not culminate in ..... department of higher education, government of punjab, that they have enacted the statutes of the khalsa university in consonance with the 2010 policy, the 2016 act and university grants commission5 guidelines. 3.7. on 6th april 2017, the superintendent of higher education department, government of punjab, communicated to khalsa university .....
Tag this Judgment!Court : Supreme Court of India
..... 17 required a sanction from the central government or the authorised officer to initiate prosecution. 14. the parliament, in 2008, while enacting amending act 35 of 2008 had consciously incorporated the provision requiring a recommendation from an authority and retained the requirement of sanction from the appropriate government, ..... therein, recommended for sanction for prosecution against the above mentioned accused persons/entities under the relevant sections of law including the unlawful activities (prevention) act, 1967; 7. and now, therefore, the central government, after carefully examining the material placed on record and the recommendations of the authority, ..... of the sanction order:- 5. and whereas, the central government in terms of the provisions of section 45(2) of the unlawful activities (prevention) act, 1967 (as amended) and the unlawful activities (prevention) (recommendation and sanction of prosecution) rules, 2008 referred the above mentioned investigation report vide .....
Tag this Judgment!Court : Supreme Court of India
..... with the respondents complainants for the units in question.3. the respondents complainants filed the complaints before the `state commission under section 17 of the consumer protection act, 1986 against the present appellants and respondent no.2 seeking inter alia the declaration that the present appellants and the respondent no.2 were jointly and severally involved ..... by the letter of revocation dated 12-8-2014, coupled with public notice of the same date and hence the appellants could not be held liable for any act done by respondent no.2, who had allegedly entered into agreements with the complainants. he also submitted that the complaints as such are not 6 maintainable under the ..... letter of revocation dated 12-8-2014, submitted that even as per the said letter, the appellants had stated that they could not be liable for the acts of the respondent no.2 henceforth meaning thereby after the said letter, however, the respondent no.2 had entered into the agreement with the complainants i.e .....
Tag this Judgment!Court : Supreme Court of India
..... . page 11 of 260 rules , for the sake of convenience), which have been framed under sections 6, 8 and 25 of the environment (protection) act, 1986 ( ep act, 1986 , for short) in consonance with articles 14, 19, 21, 38, 47, 48, 48a read with article 51-a(g) of the constitution ..... in original, as notified for the purpose. morphological characters using distinctiveness, uniformity and stability (dus) descriptors as per protection of plant varieties and farmers rights act, (ppvfra) guidelines for the hybrids. source of germplasm/ pedigree and biotech traits must be provided with self-declaration by the applicant. affidavit on the ownership ..... protects the right to a safe and healthy environment. precautionary principle:31. the essence of the precautionary principle lies in the notion that decision makers should act in advance of scientific certainty to protect the environment. [source: andrew jordan and timothy o riordan, the precautionary principle in contemporary environmental politics (1995) .....
Tag this Judgment!Court : Supreme Court of India
..... rajhara, district balod, state of chhattisgarh, against the petitioners under sections 3, 4, and 5 of the prize chits and money circulation scheme (banning) act, 1978 (hereinafter, prize chits act ). it appears that the petitioners were arrested in that case on 27.01.2016. (i) thereafter, a series of firs were registered in the states ..... refunded, bank account statements indicating the refunds to investors, and replies from the investors acknowledging such refunds. in addition, proceedings under chapter vi-a of the sebi act, 1992 were also initiated, and an adjudicating officer was appointed to inquire into the violations. (g) it may not be necessary to refer to the subsequent ..... factual background: - (a) petitioner nos. 1 and 2 are the founder-directors of one sai prasad properties ltd, incorporated under the provisions of the companies act, 1956. petitioner no.3 also joined the aforesaid company as a director in 2008, allegedly when he was still studying in college, and is claimed to have .....
Tag this Judgment!Court : Supreme Court of India
..... letter without the expert deposing about the opinion given therein would not dispense with the proof of contents of the document as per the mandate of the indian evidence act, 1872.37. this court in the case of sait tarajee khimchand and others v. yelamarti satyam alias satteyya and others6 held as follows: - 15. the plaintiffs ..... deceased) was having long standing criminal antecedents and there were allegations of bootlegging against him. he had also been detained under the gujarat prevention of anti-social activities act, 1985. likewise, the evidence of the prosecution witnesses(pw-1 and pw-2) also reveals that anna dorai who too was arraigned as accused with jeeva(deceased) ..... in other words, character may be subsumed into reputation. courts are not expected to get carried away by the mere background of a person especially while acting as an appellate forum, when his conduct, being a relevant fact, creates serious doubt. in other words, the conduct of a witness under section 8 of the .....
Tag this Judgment!Court : Supreme Court of India
..... part of her statement recorded under section 161 of crpc. the witness ought to have been confronted with her prior statement in accordance with section 145 of the indian evidence act. however, in the cross- examination made by the public prosecutor, the witness accepted the suggestion given by the public prosecutor that the appellant came to her house at 7 p ..... his mother s hair, the appellant took her towards the pond. at that time, one lakhan came there and tried to tell the appellant that he should not do such acts with his mother. the appellant abused him and forced him to leave. it is pertinent to note that pw-2 bisoha did not support the prosecution and was declared hostile .....
Tag this Judgment!Court : Supreme Court of India
..... or a well reputed research/academician organization.9. on an illustrative basis, we deem it appropriate in this regard to reproduce section 8 of the calcutta university act, 1979, which reads as follows: 8. (1) the vice chancellor shall be appointed by the chancellor on the unanimous recommendation of the senate. if ..... and some other distinct features also vary from university to university, depending upon the speciality of the subjects being taught thereby. the (i) names of the university acts; (ii) existing page 6 of 24 provision for appointment of vice chancellors; (iii) amended provision for appointment of vice chancellor under the ordinance of 2023; and ..... the division bench judgment was upheld by this court.2. it further seems that the state of west bengal thereafter made certain amendments in the state universities act in tune with the ugc s regulations, 2018. however, instead of resorting to the statutorily prescribed procedure for appointment of regular vice chancellors, the minister .....
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