Court : Supreme Court of India
..... constitution of the tribunal. however, there was no response from the respondents. hence, the applicant has preferred this application under section 11 of the arbitration act seeking appointment of the arbitrator in an international commercial arbitration.11. mr. kailash vasdev, learned senior advocate appearing on behalf of the applicant made the ..... by this court in the chloro control (supra) case. 815. arbitration is a creature of contract which has been provided statutory backing under the arbitration act, to usher in party autonomy, quick disposal, and an efficacious alternative remedy. arbitration has been a great boon for indian jurisprudence, wherein numerous cases ..... , yet the agreements were effectuated in light of a single commercial project. thereafter, the court applied the amended section 8(1) of the arbitration act and extended the arbitration to non signatory and opined that the dispute could be resolved only by referring all four agreements and parties thereon to arbitration .....
Tag this Judgment!Court : Supreme Court of India
..... 29. the decisions referred to in the written submissions show that when there is challenge to the unity, integrity and sovereignty of india by acts of terrorism, such acts are taken as the most aggravating circumstances. it is well accepted that the cumulative effect of the aggravating factors and the mitigating circumstances must ..... the death sentence to persons convicted inter-alia under various ipc offences including waging of war against the government of india and the prevention of terrorism act, discussed the wide ambit of the term terrorism and held that the offence of terrorism itself was an aggravating circumstance: terrorism809. the term terrorism is ..... production itself. the signatures in the certificate were also identified. that is apparently in compliance with the procedure prescribed under section 65-b of the evidence act. however, it was held that irrespective of the compliance with the requirements of section 65-b, which is a special provision dealing with admissibility of .....
Tag this Judgment!Court : Supreme Court of India
..... the other pre-liquidation creditors if such post-liquidation liabilities are given preference over other liabilities; and reference to section 529a and 530 of the companies act do not carry any relevance and do not make out any case for interference. the provisions contained in sections 529a and 530 essentially relate to overriding ..... such liabilities a priority over all other liabilities of the company in liquidation, which is not permissible under sections 529a, 530 and other provisions of the companies act. this would also be prejudicial to pre-liquidation creditors, being the workers, statutory creditors and general body of creditors. 9.3. it has also been ..... pipe and foundry company limited, became sick and was referred to the board for industrial and financial reconstruction5 under the provisions of sick industrial companies (special provisions) act, 1956. the bifr recommended its winding up and, accordingly, it was ordered to be wound up by the company court in its order dated 10.07. .....
Tag this Judgment!Court : Supreme Court of India
..... a special law enacted to relieve agriculturist debtors. it was further held that charging excessive interest was no longer part of the a.p. agriculturists relief act, and, therefore, the spheres of the two provisions were completely different. coming to legislative competence, the learned judge went into great detail in considering ..... (emphasis supplied) similarly, in pathumma (supra), this court was concerned with a challenge to the constitutional validity of section 20 of the kerala debt agriculturists relief act, 1970, which entitled debtors to recover properties sold to purchasers in execution of decrees. this court, after referring to fatehchand (supra) in some detail, held: ..... to determine whether the jurisdiction as to promissory notes given to the federal legislature is or is not confined to negotiability. the bengal money lenders act is valid because it deals in pith and substance with money lending, not because legislation in respect of promissory notes by the federal legislature .....
Tag this Judgment!Court : Supreme Court of India
..... every 11 mpat 12 tnat 19 part d commission, authority, tribunal, university, board or any other body constituted under a central act, state act or provincial act and having jurisdiction over the existing state of madhya pradesh.22. the state of madhya pradesh issued a notification abolishing the mpat pursuant ..... relevant state but excluding those pending before the supreme court) stand transferred to the sat upon its establishment. following the enactment of the administrative tribunals act, various states including andhra pradesh, himachal pradesh, karnataka, madhya pradesh, and maharashtra requested the central government to establish an sat, and the central ..... to the persons covered by the administrative tribunals speedy relief in respect of their grievances.5. section 4(1) of the administrative tribunals act provides that the central government shall establish an administrative tribunal known as the central administrative tribunal 3 to adjudicate disputes concerning the recruitment and .....
Tag this Judgment!Court : Supreme Court of India
..... concerned is otherwise not covered under (i) part. the high court was completely in error in observing that for the application by the provisions of 1992 act an educational institution must always be specified by the government by notification. in our view, the requirement of specification of notification is only in respect of any ..... the present case. these submissions were countered by mr. s. nandakumar, learned advocate who appeared for the university. in his submission, the provisions of 1992 act 11 would not get attracted without an appropriate reference having been made by the state government to the fee fixation committee.12. in the present case the single ..... dismissed the appeals. the division bench affirmed the reasoning which weighed with the single judge. it went on to observe that the university was empowered under 2013 act to fix, demand and receive such fees as were prescribed.11. these appeals by special leave question the correctness of the decision rendered by the division .....
Tag this Judgment!Court : Supreme Court of India
..... way of additional propositions, inter alia submitted as follows: 3 looking at the scheme of the 99th amendment and the national judicial commission appointments act, 2014 (njac act), the scheme evolved provides for the constitution of a 6 member commission and under article 124-c, for the procedure to be provided under ..... tested and withstand the scrutiny on parameters laid down therein. in addition to the above judgment, reliance was also placed on state of bihar v. bal mukund sah[93]., wherein a constitution bench of this court, while examining the power of the state legislature, to legislate on the subject of recruitment ..... audit or qualitative analysis. such systemic deficit has pathological consequences.95. parliament representing the majoritarian will was satisfied that the existing process warrants change and acted in exercise of its constituent power and concomitant discretion. such constituent assessment of the need is clearly off limits to judicial review. whether curative ushered .....
Tag this Judgment!Court : Supreme Court of India
..... to be exercised necessarily together. shri divan further submitted that there is difference between differentiation and discrimination. lastly, he contended that in terms of 2000 act and 2008 act, the entire tax collected by the state under the respective statute would be utilized for the development of trade, commerce and industry in the state.96 ..... tea company ltd. case (supra). the petitioner in that case questioned the constitutional validity of assam taxation (on goods carried by roads or inland waterways) act, (assam act xiii of 1954), before the high court. the writ petition having failed, the matter was brought up in appeal before this court which was heard alongwith ..... during the british rule, by the end of 19th century efforts for drafting a constitution for india had begun. under the inspiration of shri bal gangadhar tilak, the swaraj bill, 1885 was the first non-official attempt of drafting the constitution. the dominion status as achieved by australia and passing of .....
Tag this Judgment!Court : UK Supreme Court
..... the united kingdom was "unsuitable for judicial determination" (at para 18, per lord bingham), the court was "neither concerned nor equipped to decide in whose interests the act was done" (at para 64, per lord hoffmann); or that, although the question might be justiciable, for it to be explored would give rise to great uncertainty; ..... where an "alien" is a person who is neither a commonwealth citizen nor a british protected person nor a citizen of the republic of ireland: british nationality act 1981, section 50(1). 95. article 3 does not require a justification for qualifications which are stricter for standing for election than for voting. as already indicated ..... passage of legislation), but the method proposed is proportionate and consistent with article 3. 79. the unelected house of lords has power (subject to the parliament acts 1911 and 1949) to delay united kingdom legislation, and that is a power which directly affects the process of the elected chamber. the appellants do not suggest .....
Tag this Judgment!Court : Supreme Court of India
..... . only if the candidates from these categories are 27 section 4(5) of the punjab scheduled castes and backward classes (reservation in services) act, 2006 (punjab act no.22 of 2006). 257 available, the seats would go to these categories. on account of non-availability of the candidates from these categories ..... three - judge bench of this court was called upon to adjudicate on the validity of the andhra pradesh scheduled castes (rationalisation of reservations) act 2000. the act was enacted following the recommendations of the ramachandran raju commission constituted by the state government. the commission was tasked with ascertaining the groups among the ..... nalakeyava valmiki godari nayadi vettuvan godda paga dai (2) scheduled castes throughout the province except in any special constituency constituted under the government of india act, 1935, for the election of a representative of backward areas and backward tribes to the legislative assembly of the province :- aranadan kattunayakan kuruman .....
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