Court : Supreme Court of India
..... court of kerala) 2 writ petition (civil) 10007/2020 and 10361/2020 (high court of kerala) 2 part a3a literal reading of rule 7(2) of the kerala judicial service rules, 1991 (as amended in 2019), that vacancies which arise within a year of the approval of the select list by the governor should be filled up from amongst candidates on the list even though this exceeds the ..... b submissions of the parties 10 mr v giri, learned senior counsel appearing on behalf of the appellant, has made the following submissions: i rule 7(2) of the kerala rules, 1991 as amended in 2019, if interpreted to fill up all vacancies arising within one year of its approval, would be 8 part b inconsistent with the directions of this court in malik mazhar sultan (3); ..... 1621/91: - in exercise of the powers conferred by articles 234 and 235 of the constitution of india and sub- section (1) of section 2 of the kerala public services act, 1968 (19 of 1968) and in supersession of all the existing rules on the subject, the governor of kerala hereby makes the following special rules in respect of the ..... the public service commission advertised 38 posts of assistant prosecuting officers for a year 19 (2011) 12 scc8520 (2016) 9 scc42639 part g of recruitment comprising of 12 months commencing from ..... 2020 (the date of the approval of the governor) and 6 may 2021 (the expiry of one year from the date of approval) must also be added in to 52 part h form a part of the selection for 2019. ..... 54 the fourth difficulty in accepting .....
Tag this Judgment!Court : Supreme Court of India
..... of 27(1976) scc2953 transfer case (c) no.229 of 2020 page 56 of 179 notice of not less than three months before amending the second schedule of the sales tax act was held to be mandatory and not directory as the intention of the law makers was expressed in the law itself the ..... 1997) 1 scc53(paras 3 and4) 118 (2009) 6 scc171(paras 28 and 37 to39) 119 (2014) 9 scc516120 (1977) 3 scc457(paras 9 and10) 121 (2013) 5 scc182(para29) 122 (2011) 5 scc29(paras 62 to66) 123 (1986) 3 scc247(para19) 124 (2007) 14 scc517125 (1979) 3 scc48976 submitted that the public elects its representatives and the council of ministers are collectively responsible ..... prior to independence to house the imperial legislative council and was never intended to house a bicameral national legislature; (iii) 2 floors were added to this structure in 1956 as per the demand for more space; (iv) periodically ad-hoc additions have taken place in this building as per the requirement of the day, which has ..... : this regulation shall apply to heritage sites which shall include those buildings, artifacts, structures, streets, areas and precincts of historic, architectural, aesthetic, cultural or environmental value (hereinafter referred to as listed heritage buildings/listed heritage precincts) and those natural feature areas of environmental significance or of scenic beauty including but not restricted ..... be given for consideration and response and, finally, fourth, that the product of consultation must be conscientiously .....
Tag this Judgment!Court : Supreme Court of India
..... the court in such matters should therefore be towards determining, in the best manner possible, the truest approximation of the value added by a homemaker for the purpose of granting monetary compensation.20. ..... computing the notional income of a homemaker is by using the formula provided in the second schedule to the motor vehicles act, 1988, which has now been omitted by the motor vehicle (amendment) act, 2019. ..... on the basis of the age group of the housewives, appropriate multiplier has been applied, but the estimation of the value of services rendered to the house by the housewives, which has been arrived at rs 12,000 per annum in cases of some and rs 10,000 for others, appears to us to ..... all the above, the conception that housemakers do not work or that they do not add economic value to the household is a problematic idea that has persisted for many years and must be overcome.11 ..... be no exact calculation or formula that can magically ascertain the true value provided by an individual gratuitously for those that they are near and dear ..... be understood that in such cases the attempt by the court is to fix an approximate economic value for all the work that a homemaker does, impossible though that task may be. ..... in india, according to the 2011 census, nearly 159.85 million women stated that household work was their main occupation, as compared to only ..... means the income minus the tax component. ..... income is in the taxable range, the words actual salary should be read as actual salary less tax ). .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... company in a case of this nature is not extended to a pillion rider of the motor vehicle unless the requisite amount of premium is paid for covering his/her risk (ii) the legal obligation arising under section 147 of the act cannot be extended to an injury or death of the owner of vehicle or the pillion rider; (iii) the pillion rider in a two wheeler was not to be treated as a third party when the accident has taken place owing ..... advocate for r-2 to r-7; r-4 and r-5 are minors, vide order dated 29.11.2018, notice to r-1 is held sufficient) this mfa is filed under section 173(1) of mv act against the judgment and award dated 22.08.2012 passed in mvc no.14/2011 on the file of the senior civil judge and mact, at humnabad, partly allowing the claim petition and awarding compensation of rs.4,88,000/- with interest at 6% p.a. ..... only stipulates the "third party" includes the government (before amendment act 2019). ..... kishore, has held that (i) a comprehensive policy which has been issued on the basis of the estimated value of the vehicle does not automatically result in covering the liability with regard to third party risk for an amount higher than the statutory limit, (ii) that even though it is not permissible to use a vehicle unless it is covered at least under an "act only" policy, it is not obligatory for the owner of a vehicle to get it comprehensively insured and ( ..... from 14.11.1994, injury to the owner of goods or his authorised representative carried in the vehicle was also added. .....
Tag this Judgment!Court : Supreme Court of India
..... may be noted that by virtue of the gujarat civil services (reservation of posts for women) (amendment) rules, 2014, the requirement of reservation in favour of women came to be enhanced from 30% to ..... services (reservation for physically handicapped, dependents of freedom fighters and ex-servicemen) act, 1993 (hereafter the 1993 act ) provided for reservations to persons with disability, ex-servicemen and dependents of freedom ..... other hand the reserve category candidates can compete for the non-reserve posts and in the event of their appointment to the said posts their number cannot be added and taken into consideration for working out the percentage of reservation. ..... public services (reservation for scheduled castes, scheduled tribes and other backward classes) act, 1994 is the comprehensive law, enacted by the state of up providing for reservation for social ..... horizontal reservation that is being sought to be urged, if accepted, would necessarily be in teeth of the provisions of act, 1993, government orders referred to earlier, and the authoritative pronouncement of the apex court. ..... it is pertinent to note that rule 2(d) seeks to carve out a fourth category of posts, not being posts reserved in favour of the scheduled castes, scheduled tribes and socially and educationally ..... judgment, dated 27.11.201813 this court directed as follows: therefore, total number of candidates who could be selected in the selection relatable to the year 2011 in any case ought not to be less than 4010+1022. .....
Tag this Judgment!Court : Supreme Court of India
..... of the law as it stood before the arbitration and conciliation (amendment) act, 2015 [ amendment ]. ..... option to extend the long term agreement for two more delivery periods, and this option was exercised such that purchases and deliveries were also to be made in a fourth delivery period (between 1st july 2007 and 30th june 2008); and a fifth delivery period (1st july 2008 to 30th june 2009).38. ..... due under the fifth delivery period was in fact uplifted by the respondent; one delivery of 2,366 mt on 30th october 2008 via the 'furness hartlepool' was added to balance quantities under the fourth delivery period, and one delivery on 5th august 2009, when the respondent lifted another 9,600 mt. ..... according to him, this court ought not to interfere under article 136 of the constitution of india, given the fact that the division bench had not acted as a court of appeal, but had specifically followed the judgment in associate 31 builders (supra), in that, it found the present case to be a case in which no evidence was led on the ..... added two explanations to section 34(1) and sub- section (2a) to section 34 of the arbitration act, in which it was made clear that the ground of patent illegality appearing on the face of the award is not a ground which could be taken to challenge an international commercial award made in india after 23.10.2015, when the amendment ..... be appreciated that rinl is basically a producer of lam coke and pig iron where the value addition is negligible or negative sometimes. .....
Tag this Judgment!Court : Supreme Court of India
..... amendments in the indian partnership act, 1932, the central excise act, 1944, customs act, 1962, the income tax act, 1961, the recovery of debts due to banks and financial institutions act, 1993, the finance act, 1994, the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, the sick industrial companies (special provisions) repeal act, 2003, the payment and settlement systems act, 2007, the limited liability partnership act ..... its creditors, stating separately the amount of secured and unsecured debts, and in the case of secured debts, particulars of the securities given, whether by the company or an officer thereof, their value and the dates on which they were given; (d) the debts due to the company and the names, addresses and occupations of the persons from whom they are due and the amount likely ..... interfering with the appellate tribunal's order dismissing the appeal, we grant liberty to the appellant before us to apply under the proviso to section 434 of the companies act (added in 2018), to transfer the winding up proceeding pending before the high court of delhi to the nclt, which can then be treated as a proceeding under section ..... in accordance with this objective, the rules kept being amended, until finally section 434 was itself substituted in 2018, in which a proviso was added by which even in winding up petitions where notice has been served and which are pending in the high courts, any person could apply for transfer of .....
Tag this Judgment!Court : Supreme Court of India
..... srikrishna, dated 30.07.2017 which records for the reason of recommending the omission as: thus, it can be seen that after the amendment act of 2019, section 11 (6-a) has been omitted because appointment of arbitrators is to be done institutionally, in which case the supreme court or the high court under the old statutory regime are no longer required to appoint arbitrators and consequently to ..... the the arbitrator within entitled to such fee at other party to so agree thirty days from 171 receipt of a request by the appointment shall the rate as specified in one party from the be made, upon request the fourth schedule: other party to so agree of a party, by the the appointment shall supreme court or, as provided further that be made, upon the case may be, the the chief justice of the high court or any request of a party, by concerned ..... a good legal order must decide what weight be given to these competing values and how to structure the process to maximize overall value by 108 reducing opportunities for obstructionism while preserving legitimate claims for reasonably prompt judicial decision. ..... the dispute could be exclusively 3 (1981) 1 scc5234 (2011) 5 scc532 (2011) 2 scc (civ) 781 3 decided by the court of small causes, which alone had jurisdiction. ..... section 11(6 a) added by the 2015 amendment, reads as follows: 11. ..... it incorporates even the provisions of the second and third schedules to the income tax act, 1961. .....
Tag this Judgment!Court : Karnataka
..... under specified under specified under the schedule; or part b of the part b of the part b of the part b of the schedule; (ii) the schedule if the schedule if the schedule if the schedule if the or offences total value total value total value total value specified (ii) the involved in involved in involved in involved in under part b offences such offences such offences such offences such offences of the specified is thirty lakh is thirty lakh is thirty lakh is thirty lakh schedule if under ..... the finance minister while introducing bill no.133 of the prevention of money laundering (amendment) bill, 2011 in his notes on clause relating to section 8 has made the following explanation at clause (6): this clause seeks to amend section 8 of the act relating to adjudication to delink the attachment from of the property to the pendency of the proceedings relating to the scheduled offence and link it to the money laundering offence ..... the arguments advanced by the learned advocates appearing for the parties is that the provisions of the prevention of corruption act, 1988 (for short pc act ) did not find a place in the schedule to the pml act or in other words, section 13 of pc act came to be added to the schedule of the pml act with effect from 01.06.2009 by act 21 of 2009 and as such the offences which had occurred prior to 01.06.2009 cannot be brought under the sweep of the pml act or it cannot be made applicable retrospectively. ..... ii) (1976)3 scc757 income tax officer vs lakhmani mewal das .....
Tag this Judgment!Court : Karnataka
..... under specified under specified under the schedule; or part b of the part b of the part b of the part b of the schedule; (ii) the schedule if the schedule if the schedule if the schedule if the or offences total value total value total value total value specified (ii) the involved in involved in involved in involved in under part b offences such offences such offences such offences such offences of the specified is thirty lakh is thirty lakh is thirty lakh is thirty lakh schedule if under ..... the finance minister while introducing bill no.133 of the prevention of money laundering (amendment) bill, 2011 in his notes on clause relating to section 8 has made the following explanation at clause (6): this clause seeks to amend section 8 of the act relating to adjudication to delink the attachment from of the property to the pendency of the proceedings relating to the scheduled offence and link it to the money laundering offence ..... the arguments advanced by the learned advocates appearing for the parties is that the provisions of the prevention of corruption act, 1988 (for short pc act ) did not find a place in the schedule to the pml act or in other words, section 13 of pc act came to be added to the schedule of the pml act with effect from 01.06.2009 by act 21 of 2009 and as such the offences which had occurred prior to 01.06.2009 cannot be brought under the sweep of the pml act or it cannot be made applicable retrospectively. ..... ii) (1976)3 scc757 income tax officer vs lakhmani mewal das .....
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