Court : Supreme Court of India
..... a) the practice of making any statement, whether in writing or by visible representation which, (i) falsely represents that the services are of a particular standard or grade; (ii) represents that the promoter has approval or affiliation which such promoter does not have; (iii) makes a false or misleading representation ..... imposing certain responsibilities on both. it seeks to establish symmetry of information between the promoter and purchaser, transparency of contractual conditions, set minimum standards of accountability and a fast-track dispute resolution mechanism. induct professionalism and standardisation in the sector, thus paving the way for accelerated growth and ..... buyers by developers cannot, from an accounting perspective, be treated as financial liabilities and the amendments 26 in doing so, therefore, violate the aforesaid standards and become manifestly arbitrary. also, after going into the definition of claim , financial debt and operational debt , he argued that a financial .....
Tag this Judgment!Court : Supreme Court of India
..... to the public must be accessible, approachable and act in a transparent manner. thus, the elected representatives must display constitutional objectivity as a standard of representative governance which neither tolerates ideological fragmentation nor encourages any utopian fantasy, rather it lays stress on constitutional ideologies. 34 284.3. ..... the exception and not the general rule which has to be exercised in exceptional circumstances by the lieutenant governor keeping in mind the standards of constitutional trust and morality, the principle of collaborative federalism and constitutional balance, the concept of constitutional governance and objectivity and the ..... but that does not mean that the lieutenant governor should raise an issue in every matter. the difference of opinion must meet the standards of constitutional trust and morality, the principle of collaborative federalism and constitutional balance, the concept of constitutional governance and objectivity and the nurtured .....
Tag this Judgment!Court : Supreme Court of India
..... held that these provisions suffer from the vice of arbitrariness and, therefore, violative of article 14 of the constitution, as they provide for different standards of morality to institutions with similar activities and the activities in section 33a establishments are less obscene but nonetheless the classification bears no nexus to the ..... state of gujarat v. mirzapur moti kureshi kassab jamat [(2005) 8 scc534: air2006sc212 wherein it is held that: (scc p. 573, para75) the standard of judging reasonability of restriction or restriction amounting to prohibition remains the same, excepting that a total prohibition must also satisfy the test that a lesser alternative ..... right to secure which the struggle for liberation, with do or die patriotism, was launched be sapped by formalistic and pharisaic prescriptions, regardless of essential standards?. 36 an enacted apparition is a constitutional illusion. processual justice is writ patently on article 21. it is too grave to be circumvented by a .....
Tag this Judgment!Court : Supreme Court of India
..... conceptual foundation for legislation protecting privacy. the framework suggested by the expert group was based on five salient features: (i) technological neutrality and interoperability with international standards; (ii) multi-dimensional privacy; (iii) horizontal applicability to state and non-state entities; (iv) conformity with privacy principles; and (v) a co ..... choices that exist and have to be made are real, not illusory. in particular, the choice of priorities between different identities, including what relative weights to attach to their respective demands, cannot be only a matter of discovery. they are inescapably decisional, and demand reason-not just recognition. 455 ..... equally important because the security of biometric systems should be questioned in case of high false accept rates. this element should be given sufficient weight in the decision to implement a biometric system for security purposes other tests clearly indicated increased error rates for young persons, in case of .....
Tag this Judgment!Court : Supreme Court of India
..... the reformed provision will ensure that such candidates are disqualified thereby creating a significant systemic impact. third, it has the benefit of simplicity by prescribing a standard five-year period, is uniform and not contingent on specific offences which may run the risk of arbitrariness. the uniform five-year period thus makes a ..... voter/citizen. in embarking on this exercise, the points of disclosure indicated by this court, even if they be tentative or ad in nature, should be given due weight and hoc 92 substantial countenanced. departure therefrom cannot be * * * (5) section 33-b inserted by the representation of the people (third amendment) act, 2002 ..... , misuse, lack of remedy for the accused and the sanctity of criminal jurisprudence, the 51 commission stated that none of these concerns possess sufficient argumentative weight to displace the arguments in the previous section as although misuse is certainly a possibility, yet the same does not render a proposal to reform the law .....
Tag this Judgment!Court : Supreme Court of India
..... m) of the indian medical council act, 1956. the medical council of india with prior approval of the central government has made the regulations relating to the standards of professional conduct and etiquette and code of ethics for registered medical practitioners. chapter 1 whereof contains the code of medical ethics. part b of regulation 1.1 ..... and it is the constitutional obligation imposed upon such hospitals. under article 47, state has to make constant endeavor to raise the level of nutrition and the standard of living and to improve public health. it is also one of the fundamental duties enshrined in article 51a(h) to develop the scientific temper, humanism and ..... of s. 27 of the act was challenged on the ground of excessive delegation. it was urged that the act prescribed no principles and laid down no standard which could furnish an intelligent guidance to the administrative authority in making selection while acting under s. 27 and so the matter was left entirely to the discretion .....
Tag this Judgment!Court : Supreme Court of India
..... orthodox view overlooks the possibility that the earlier competent self and the current incompetent self may have conflicting interests . advance directives and the substituted judgment standard were propounded to deal with afflictions such as a persistent vegetative state where the interests of the patient in such a state are not potentially different ..... shall be void and of no effect and shall not be binding on any medical practitioner. this blanket ban, including the failure even to give some weight to advance directives while making a decision about the withholding or withdrawal of life- sustaining treatment is disproportionate. it does not constitute a fair, just ..... the genuineness and authenticity thereof from the jurisdictional jmfc before acting upon the same. 175 (ii) the instructions in the document must be given due weight by the doctors. however, it should be given effect to only after being fully satisfied that the executor is terminally ill and is undergoing prolonged treatment .....
Tag this Judgment!Court : Supreme Court of India
..... it might be uncomfortable for those who manage some of these child care institutions, but registration is compulsory and in public interest to ensure that minimum standards of care are maintained and the children in those institutions are well looked after. we may note that occasionally there are allegations originating from child care ..... are children in need of care and protection. the obligation of society is to provide solace and comfort to these children and adherence to the minimum standards of care. model rules contain details for improved child care institutions and their requirements. the state governments have merely to adhere to these minimum requirements. ..... such homes are set up wherever they have not already been set up. it shall also be ensured that the requisite facilities are provided as per the standards, rules, policies and guidelines in all such homes/centres. the assistance of state legal services authorities and district legal services authorities shall also be taken in .....
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..... organizations active in the field of insolvency law reform to ensure consistency and alignment of that work and to facilitate the development of international standards, noting that the preparation of the legislative guide was the subject of due deliberations and extensive consultations with governments and international non- ..... an application for commencement, whether the debtor, creditors or other parties. as a general principle it is desirable that the transparent and commencement standard be 14 facilitating access to available to encourage in terms of the the ease with which types of (reorganization certain, insolvency proceedings conveniently, ..... commencement of reorganization proceedings; and the application or, where requesting liquidation, (c) the court will promptly determine its jurisdiction and whether the commencement standard has been met and, if so, commence insolvency proceedings.1 is eligible and the debtor 11. the legislative history of legislation relating to indebtedness .....
Tag this Judgment!Court : Supreme Court of India
..... 2004, chapter 11, synopsis 3 at pp. 754 to 756.) and arun kumar, j., concurring with both the aforesaid judges, followed two earlier decisions of this court as follows: (standard bank case [standard chartered enforcement, bank v. directorate of (2005) 4 scc530:2005. scc (cri) 961]. , scc p. 556, paras 49-50) chartered 49. another three-judge bench of ..... the two, and then no difficulty arises. where there is a potential clash, the conventional english approach has been to give at least very great and often decisive weight to the 127 literal meaning of the enacting words. this is a tradition which i think is weakening, in face of the more purposive approach enjoined for the interpretation ..... of the words in enacting provisions to decide whether they are clear or ambiguous but the preamble in itself not being an enacting provision is not of the same weight as an aid to construction of a section of the act as are other relevant enacting words to be found elsewhere in the act. the utility of the .....
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