Court : Supreme Court of India
..... writing, that steps for implementation of the r and r plan in the leasehold areas are proceeding effectively and meaningfully, and (iii) a written undertaking by the leaseholders that they would fully abide by the supplementary environment management plan (semp) as applicable to the leasehold area and shall also abide ..... , provision for retaining wall(s), benches, final gradient, volume of over burden/waste dump that may be stored, afforestation, use of geo-matting/geo-textile, garland drains and other soil and moisture conservation/protective measures; 23. the design will vary from mine to mine and within the mine from dump to ..... effectuating unbridled powers. 18. relying on the provisions of the mines and minerals (development and regulation) act, 1957; forest (conservation) act, 1980 and environment (protection) act, 1986 (hereinafter referred to as mmdr act, fc act and ep act respectively) it is argued that each of the statutes contemplate a distinct and definite statutory scheme to .....
Tag this Judgment!Court : South Africa Supreme Court of Appeal
..... or the transcription of the parliamentary portfolio committee meetings is obtained and filed as a copy which will clarify the issue. [50] but despite these undertakings, no confirmatory affidavit was filed by mkhwanazi nor was a copy of hansard provided. in argument before the court a quo, the commissioners representatives again ..... , and is appointed by the president, as head of the national executive; and (b) directors of public prosecutions and prosecutors as determined by an act of parliament. (2) the prosecuting authority has the power to institute criminal proceedings on behalf of the state, and to carry out any necessary functions ..... ). during the time period relevant to these proceedings that position was occupied first by general bheki cele, thereafter by lieutenant general nhlanhla mkhwanazi, in an acting capacity and finally by general mangwashi victoria phiyega. the fourth appellant, who took centre stage in these proceedings, is lieutenant general richard mdluli (mdluli) who .....
Tag this Judgment!Court : Supreme Court of India
..... . very often, exploration and exploitation contracts are bundled together due to the requirement of heavy capital in the discovery of natural resources. a concern would risk undertaking such exploration and incur heavy costs only if it was assured utilization of the resource discovered; a prudent business venture, would not like to incur the high ..... economic expediencies depending upon the exigencies of a situation guided by appropriate financial policy in the best interests of the authority motivated by public interest as well in undertaking such ventures."128. in villianur iyarkkai padukappu maiyam vs. union of india & ors.[58], a three judge bench of this court was concerned with the ..... not sit in appeal over the policy of the parliament in enacting a law. the court cannot find fault with the act merely on the ground that it is inadvisable to take over the undertaking of banks which, it is said by the petitioner, by thrift and efficient management had set up an impressive and efficient .....
Tag this Judgment!Court : Supreme Court of India
..... employees of the regional rural banks were also given the benefits of the same settlement. subsequently, the pay structures of the employees of the nationalised commercial banks were further revised by the 6th and 7th bipartite settlements but the same was not done for the employees of the regional rural banks who then ..... to claim parity with the officers and other employees of the sponsor banks in the matter of pay scale, allowances and other benefits. the employees of nationalised commercial banks were getting their pay scales on the basis of the 5th bipartite settlement and by implementation of the award of the national industrial tribunal, the ..... the companies, but its liability would arise on its failure to perform the constitutional duties and functions by the public sector undertakings, as in relation thereto lie the state's constitutional obligations. the state acts in a fiduciary capacity. the failure on the part of the state in a case of this nature must also be .....
Tag this Judgment!Court : Supreme Court of India
..... & conductors (p) ltd. v. assam seb, (2012) 7 scc462 this court had to decide whether the interest on delayed payments to small scale and ancillary industrial undertakings act, 1993 could be said to be retrospective. after a review of various judgments of this court, this court held:- there is no doubt about the fact that the ..... this letter but not later than 20.1.1997, failing which the bank guarantees would be enforced. as the exporters failed and neglected to furnish these documents, the textile commissioner, vide letters dated 15.5.1997, invoked the bank guarantees. vide letters of even date, the respondent bank refused to pay under the said guarantees, stating ..... four exporters who belong to what is known as the gpb group of companies.3. by a memorandum dated 6.11.1995, issued by the textile commissioner under the imports and exports (control) act, 1947, terms and conditions for export of raw cotton and cotton waste for september, 1995 - august, 1996 were laid down. the shipment was .....
Tag this Judgment!Court : Supreme Court of India
..... writing, that steps for implementation of the r & r plan in the leasehold areas are proceeding effectively and meaningfully, and (iii) a written undertaking by the leaseholders that they would fully abide by the supplementary environment management plan (semp) as applicable to the leasehold area and shall also abide by ..... , provision for retaining wall(s), benches, final gradient, volume of over burden/waste dump that may be stored, afforestation, use of geo-matting/geo-textile, garland drains and other soil and moisture conservation/protective measures; 23. the design will vary from mine to mine and within the mine from dump to ..... effectuating unbridled powers.18. relying on the provisions of the mines and minerals (development & regulation) act, 1957; forest (conservation) act, 1980 and environment (protection) act, 1986 (hereinafter referred to as mmdr act , fc act and ep act respectively) it is argued that each of the statutes contemplate a distinct and definite statutory scheme to deal .....
Tag this Judgment!Court : Supreme Court of India
..... in the discipline. but realizing the seriousness of the patient, the appellant had himself referred the patient to the three specialists and also suggested for undertaking a skin biopsy. the duty of care ordinarily expected of a junior doctor had been discharged with diligence by the appellant. it is further contended ..... for enhancing compensation is not tenable in law. in support of the said contention, he has placed reliance upon the judgment of this court in national textile corporation ltd. vs. nareshkumar badrikumar jagad[9]., wherein it is stated by this court that the pleadings and particulars are necessary to enable the court ..... whether the claimant is justified in claiming additional amount for compensation under different heads without following the procedure contemplated under the provisions of the consumer protection act and the rules?.4. whether the national commission is justified in adopting the multiplier method to determine the compensation and to award the compensation in .....
Tag this Judgment!Court : Supreme Court of India
..... executive directors and above of the sebi and chairman & managing director and executive directors and such of the bank officers who are one level below the board of nationalised banks), there should be prior sanction of the secretary of the ministry/department concerned before spe takes up any enquiry (pe or rc), including ordering search in ..... case against certain categories of civil servants and provided for a prior sanction of the designated authority to initiate investigation against officers of the government and public sector undertakings & nationalized banks above a certain level. the same reads as follows:"4.7(3)(i) in regard to any person who is or has been a ..... the declaration made in the case of state of bombay vs. f.n. balsara , whereby part of section 13 clause (b) 58 of the bombay prohibition act (act 25 of 1949) was declared unconstitutional. it was held by the majority opinion that declaration of such provision as invalid and unconstitutional will only mean that it is .....
Tag this Judgment!Court : Supreme Court of India
..... have so far notified/created state electricity regulatory commissions either under the central act or under their own reform acts.2. starting with orissa, some state governments have been undertaking reforms through their own reform acts. these reforms have involved unbundling of the state electricity boards into separate ..... generation, transmission and distribution companies through transfer schemes for the transfer of the assets and staff into successor companies. orissa, haryana, andhra pradesh, karnataka, rajasthan and uttar pradesh have passed their reform acts ..... care of current level of cross subsidy with the surcharge being gradually phased out. (v) distribution licensees would be free to undertake generation and generating companies would be free to take up distribution licensees. (vi) the state electricity regulatory commissions may permit open .....
Tag this Judgment!Court : US Supreme Court
..... 33 (joint opinion of scalia, kennedy, thomas, and alito, jj.) (same). but the court previously has rec-ognized that [u]nlike normal contractual undertakings, federal grant programs originate in and remain governed by statutory provisions expressing the judgment of congress concerning desirable public policy. bennett v. kentucky dept. of ..... preclude, the federal government from repealing the existing program and putting every feature of medicaid on the table for political reconsideration. such a massive undertaking would hardly be ritualistic. ibid. the same is true of justice ginsburg s suggestion that congress could establish medicaid as an exclusively federal program ..... 705 ( commerce itself is an intensely practical matter. to deal with it effectively, congress must be able to act in terms of economic and financial realities. (citation omitted)). we afford congress the leeway to undertake to solve national problems directly and realistically. american power & light co. v. sec, 329 u. s. 90 .....
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