Court : Supreme Court of India
Decided on : Feb-15-2024
..... another three-judge bench of this court invalidated section 17(2) of the securitization and reconstruction of financial assets and enforcement of security interest act, 2002 for being unreasonable and arbitrary.186. in natural resources ..... aim. the extent of interference must be proportionate to the need for such interference and there must be procedural guarantees against abuse of such interference. 81 dr. justice d.y. ..... by the court, though pro tempore in nature as clarified supra, are entitled to due weight. if the legislature in utter disregard of the indicators enunciated by this court proceeds to make ..... standard to both the rights (as purposes) to determine if the means used are suitable, necessary and proportionate to the fundamental rights. the union of india submitted that clause 7(4) of the electoral bond scheme balances the right to information of the voter and the right to informational privacy of the contributor. clause 7(4) stipulates that the information furnished by the buyer shall be treated as confidential by the authorized bank. the bank has to disclose the information when it is demanded by a competent court or upon the registration of a criminal case by a law enforcement agency. it needs to be analyzed if the measure ..... 54. in common cause (a registered society) v. union of india,73 this court dwelt on the ostentatious use of money by political parties in elections to further the prospects of candidates set up by them. justice kuldip singh 71 (1975) 4 scc12772 1985 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-23-2024
..... act. in particular, under s.25(2): (a) the standards in excess of which environmental pollutants shall not be discharged or emitted under section 7; (b) the procedure in accordance with and the safeguards in compliance with which hazardous substances shall be handled or caused to be handled under section ..... -gm counterparts for the purpose of variety/hybrid release and registration, seed multiplication and cultivation; as a measure to ensure quality products for the farmers, the national agricultural ..... intrinsically tied to right to life. accountability of the authorities impressed with the duty to enforce and implement environmental and other ecological laws is an important feature of judicial governance ..... newspapers (bombay) (p) ltd. v. union of india [(1985) 1 scc641:1985. scc (tax) 121]., this court said that a piece of ..... /expert committee constituted by the geac, i.e., assistance in granting approvals. 25 (a) 17. the present factual circumstance is not a case, where the approval process itself has ..... on cultivation of genetically modified food crops prospects and effects 2012: .................................................................................................................................. 54 parliamentary standing committee (psc) on science and technology, environment and forests ..... judicial direction for remedial measures. therefore, disputes seeking review of administrative decisions impacting the environment turn on the relative weight that a decision maker accorded .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Sep-23-2024
REPORTABLE2024INSC716IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NOS. 2161-2162 OF2024(ARISING OUT OF SPECIAL LEAVE PETITION (CRL) NOS. 3665-3666 OF2024 JUST RIGHTS FOR CHILDREN ALLIANCE & ANR. ...APPELLANT(S) VERSUS S. HARISH & ORS. ...RESPONDENT(S) JUDGMENT J.B. PARDIWALA, J.: For the convenience of exposition, this judgment is divided into the following parts: - INDEX A. FACTUAL MATRIX ................................................................................ 4 B. IMPUGNED ORDER .............................................................................. 10 C. SUBMISSIONS OF THE PARTIES ...................................................... 16 i. Submissions on behalf of the Appellants. .................................................... 16 ii. Submissions on behalf of the National Commission for Protection of Child Rights (NCPCR). .......................................................................................... 18 iii. Submissions...
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-12-2024
..... section 19. the issue is legal in nature, and with the ratio being propounded in detail, the decision becomes complex and legalistic.43. on 17.08.2022, the central bureau of investigation5 registered rc no.0032022a0053 for the offences punishable under section 120b read with section 477a of the indian penal code, 18606 and section 7 of the prevention of corruption act, 1988. the registration ..... : (i) the first step is to examine whether the act/measure restricting the fundamental right has a legitimate aim ( ..... jankhar v. ranjitsinh vijaysinh mohite patil,54 elaborating on the expression decision making process , this court ..... enforcement ..... respondent judgment sanjiv khanna, j.this appeal filed by the appellant arvind kejriwal assails the judgment and order dated 09.04.2024 passed by the single judge of the high court of delhi whereby the criminal writ petition filed by arvind kejriwal under articles 226 and 227 of the constitution of india read with section 482 of the code of criminal procedure ..... standard of review. 64 (2010) 6 scc614 65 (1991) 1 all er710 criminal appeal no.2493 of 2024 page 60 of 6481. the proportionality test66 is more precise and sophisticated than other traditional grounds of review. the court is required to assess the balance struck by the decision maker, not merely whether it is within the range of rational or reasonable decisions. in this manner, proportionality goes further than the traditional grounds of review as it requires attention to the relative weight .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-17-2024
2024 INSC451REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION TRANSFERRED CASE (CIVIL) NO.29 OF2021SHAJI POULOSE .. PETITIONER VERSUS INSTITUTE OF CHARTERED ACCOUNTANTS OF INDIA & OTHERS .. RESPONDENTS WITH WRIT PETITION (CIVIL) NO.267 OF2021WRIT PETITION (CIVIL) NO.272 OF2021WRIT PETITION (CIVIL) NO.371 OF2021WRIT PETITION (CIVIL) NO.581 OF2021WRIT PETITION (CIVIL) NO.670 OF2021WRIT PETITION (CIVIL) NO.1084 OF2021WRIT PETITION (CIVIL) NO.1200 OF2021WRIT PETITION (CIVIL) NO.1256 OF2021WRIT PETITION (CIVIL) NO.1291 OF2021WRIT PETITION (CIVIL) NO.1295 OF2021WRIT PETITION (CIVIL) NO.1360 OF2021WRIT PETITION (CIVIL) NO.32 OF2022T.C. (Civil) No.29 of 2021 Etc. 1 WRIT PETITION (CIVIL) NO.186 OF2022WRIT PETITION (CIVIL) NO.833 OF2022TRANSFERRED CASE (CIVIL) NO.27 OF2021TRANSFERRED CASE (CIVIL) NO.28 OF2021TRANSFERRED CASE (CIVIL) NO.30 OF2021TRANSFERRED CASE (CIVIL) NO.31 OF2021TRANSFERRED CASE (CIVIL) NO.32 OF2021TRANSFERRED CASE (CIVIL) NO.33 OF2021TRANSFERRED CASE (CIVIL...
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-03-2024
2024 INSC753Reportable IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION Writ Petition (C) No.1404 of 2023 Sukanya Shantha Petitioner Versus Union of India & Ors. Respondents 1 JUDGMENT Dr Dhananjaya Y Chandrachud, CJI Contents I. The Writ Petition .................................................................................................. 4 II. Submissions ........................................................................................................ 4 III. Constitutional Interpretation ................................................................................. 6 IV. The Constitution of Emancipation, Equality, and Dignity ...................................... 9 V. The Contours of Article 14 ................................................................................. 17 VI. Non-Discrimination under Article 15 ............................................................... 23 VII. The Ban on Untouchability in Article 17 ...................................
Tag this Judgment!Court : Supreme Court of India
Decided on : Jul-25-2024
..... act leaving no scope for the state legislature to legislate. in case the central government undertakes prospecting or mining operations, section 17(3) specifies the levies it is bound to pay. further, the state government cannot reserve any area under section 17a without the approval of the central government. the central government is also empowered to issue directions to the state government for the conservation of mineral resources or on any policy matter in the national interest. section 18 empowers only the central government to take any measure ..... section 3, gujarat mineral rights tax act 1985. section 3 reads: on and from the commencement of this act ..... section 25 allows recovery of royalty due to the government under the mmdr act or under the terms of the contract as arrears of land does not make royalty an impost enforceable by law. section 25 is a standard ..... authorities for collecting taxes, and prescribe the procedure for determining the amount of taxes payable by any ..... the charge is on production, the rate being fixed according to weight. (emphasis added) 98. the essential characteristics of royalty are that ..... act 1882 (13th edn) 109 section 105, transfer of property act 1882 110 state of punjab v. british india corporation, (1964) 2 scr114[15]. 111 section 3(26), general clauses act 1897. 112 section 2(6), registration act ..... parliamentary law. the relationship between entry 23 of list ii and entry 54 of list i is that the latter results in a denudation of the legislative field of .....
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