Court : Supreme Court of India
..... purchaser cannot challenge the validity of the notification or the irregularity in taking possession of the land.45. we may also refer to the delhi lands (restrictions on transfers) act, 1972 ( 1972 act , hereafter) which imposes certain restrictions on transfer of lands which have been acquired. section 3 prohibits the transfer of any land acquired by the central government under the ..... listing in the week commencing 22nd july, 2024: a) dda vs. gita sabharwal [diary no.21746/2022].; b) dda vs. narendar kumar [diary no.674/2023, ma].; c) dda vs. bal kishan [diary no.5711/2023, ma].; d) dda vs. ishaaq [diary no.1713/2023, ma].; e) dda vs. abhishek jain [diary no.40951/2022, ma].; f) dda vs. m ..... 1. dda vs. gita sabharwal11has been issued either on [diary no.21746/2022]. delay or on merits 2. dda vs. narendar kumar [diary no.674/2023, ma].3. dda vs. bal kishan [diary no.5711/2023, ma].4. dda vs. ishaaq [diary no.1713/2023, ma].5. dda vs. abhishek jain [diary no.40951/2022, ma].6. dda vs. m .....
Tag this Judgment!Court : Supreme Court of India
..... presiding officer of the court and so also of the complainant ashok kumar pathak. three more witnesses, namely, head constables mohan lal and surender kumar and inspector bal kishan were also examined on oath in proceedings under section 299 crpc.29. in this background, the fervent submission of the learned counsel for the appellant that ..... under section 299 crpc was rightly relied upon as admissible and reliable piece of evidence. the non-examination of ashok kumar pathak during trial is not a deliberate act of prosecution, rather, the witness could not be examined during regular trial after apprehension of the accused appellant. the witness could not be traced by the ..... by showing him to be an absconder. as per the prosecution case, the complainant ashok kumar pathak, head constables mohan lal and surender kumar and inspector bal kishan were examined on oath in proceedings under section 299 crpc and the file was consigned to the record room.10. the accused appellant could be apprehended .....
Tag this Judgment!Court : Supreme Court of India
..... the question whether the misconduct complained of constitute cruelty and the like for divorce purposes is determined primarily by its effect upon the particular person complaining of the acts. the question is not whether the conduct would be cruel to a reasonable person or a person of average or normal sensibilities, but whether it would have ..... first and then proceed with the rest is despicable. it has become a page 24 of 36 handy tool to the police officers who lack sensitivity or act with oblique motive.8. law commissions, police commissions and this court in a large number of judgments emphasized the need to maintain a balance between individual ..... appellant s mother had to file a domestic violence case against the first informant in october 2020 under the provisions of the protection of women from domestic violence act, 2005.18. the plain reading of the fir and the chargesheet papers indicate that the allegations levelled by the first informant are quite vague, general and sweeping .....
Tag this Judgment!Court : Supreme Court of India
..... of such companies and upon failure, to wind them up.51. one of the first such enactments was the industrial development and regulation act, 1951 ( idra act, 1951 ) which contained provisions empowering the central government to cause investigation into the affairs of an industrial company which is to be ..... coercing creditors into unfair settlements rather than implementing projected schemes supposed to assist in their reconstruction. when the statute is notified, amendments to the companies act, 1956 will become effective and all proceedings pending before bifr will stand abated. to some extent, therefore, the present controversy has been rendered academic ..... in favour of the original plaintiff.4. m/s coromandal sacks private limited, that is, the original plaintiff, is a company registered under the companies act, 1956 established with the assistance of the andhra pradesh industrial development corporation limited ( apidc ) and is engaged in the manufacturing of high density poly ethylene .....
Tag this Judgment!Court : Supreme Court of India
..... the most effective instrument to uphold democratic and republican ideals, which are the hallmarks of our preambular promise. the rop act, which has established the legal framework for conducting elections, ensures that each and every citizen has a fair and equal opportunity to exercise his/her right ..... 2024 general elections, which is more than 10% of the world population. these voters represent the largest electorate in the world. the representation of the people act, 19516 which, to my mind, amidst the vast legislative landscape of the nation is the most important enactment after the constitution of india, is also ..... vikash party v. election commission of india regarding use of evms with costs. this court observed that: the election process under the representation of the people act, 1951 is monitored by a constitutional authority like election commission. electronic voting machines (evm) process has been utilized in our country for decades now but .....
Tag this Judgment!Court : Supreme Court of India
..... court the power to pass a decree if it is satisfied on matters mentioned in clauses (a) to (e) of the section. considering that proceedings under the act are essentially of a civil nature, the word satisfied must mean satisfied on a preponderance of probabilities and not satisfied beyond a reasonable doubt . section 23 does not ..... with conflicting probabilities concerning a fact-situation will act on the supposition that the fact exists, if on weighing the various probabilities he finds that the preponderance is in favour of the existence of the particular fact ..... proved when the court either believes it to exist or considers its existence so probable that a prudent man ought, under the circumstances of the particular case, to act upon the supposition that it exists. the belief regarding the existence of a fact may thus be founded on a balance of probabilities. a prudent man faced .....
Tag this Judgment!Court : Supreme Court of India
..... hearing. it clearly appears from the above facts of the case that selection of the petitioners has been made contrary to the provisions of madhya pradesh panchayat raj act, 1993 and principles prescribed for the selection. in the above situation, the order dated 02.06.1999 passed by the collector, chhatarpur is not liable to ..... religious, linguistic, regional, caste or sectional diversities; or (iii) the dignity of women; or (b)gross negligence in the discharge of the duties under this act; [(c) the use of position or influence directly or indirectly to secure employment for any relative in the panchayat or any action for extending any pecuniary benefits to ..... duties under the above section and in such circumstances, if it is done, then office bearers of the panchayat could be terminated. in section 100 of the act, acquisition of any interest by any member office bearer or employee directly or indirectly in any contract or any employment made is strictly prohibited. in the present .....
Tag this Judgment!Court : Supreme Court of India
..... of discovery of mistake and, therefore, stands excluded, by operation of section 17(1)(c) of the limitation act, 1963 (act 21 of 1963) and that section 78-b has no application to the facts in this case. in consequence ..... the present case is one of overcharge or illegal charge ?. .... 76 a. applicability of section 106(3) of the railways act, 1989. .................. 76 b. whether the chargeable distance of 444 km was correct or not?. ........... 82 g. conclusion........................................................................................ 941 ..... of 95 f. analysis .............................................................................................. 22 i. relevant statutory scheme and provisions .............................................. 22 ii. scope of section 106 of the railways act, 1989 ........................................ 29 a. what is meant by an overcharge ?. ....................................................... 35 b. concept of an overcharge and an illegal .....
Tag this Judgment!Court : Supreme Court of India
..... forest advisory committee (fac) held on 17th february 2021, it would show that, in order to grant clearances under the forest (conservation) act,1980 ( fc act for short), zoos were treated as forestry activity till 2007. however, from 2017 onwards, it was treated as a non-forestry activity. ..... zoo authority dfo : divisional forest officer erc : elephant rehabilitation/rescue centres esz : eco sensitive zone fac : forest advisory committee fc : forest clearance fc act : forest (conservation) act,1980 fsi : forest survey of india hoff : head of forest forces ifs : indian forest service ifsr : india state of forest report mdf : moderate ..... sectors in the area, which directly or incidentally affect wildlife conservation, through 'tiger conservation foundation', as provided in the wildlife (protection) amendment act, 2006.4. addressing tiger bearing forests and fostering corridor conservation through restorative strategy in respective working plans of forest divisions, involving local communities, .....
Tag this Judgment!Court : Supreme Court of India
..... by an order made by the president under article 85(2) of the constitution is called prorogation. moreover, the president in exercising the power to prorogue the house acts on the advice of the prime minister. usually, as the authors note, prorogation follows the adjournment of the sitting of the house sine die. however, the ..... president is the titular head of state. the fundamental principle of constitutional law which has been consistently followed since the constitution was adopted is that the governor acts on the aid and advise of the council of ministers, save and except in those areas where the constitution has entrusted the exercise of discretionary power to the ..... ; (b) the adjournment of the house sine die could not have been treated by the governor as a prorogation of the house; (c) the speaker was acting within the exercise of constitutional jurisdiction, as evinced by the provisions of the rules of procedure governing the vidhan sabha, in reconvening the sitting of the assembly on .....
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