Court : Supreme Court of India
..... being implemented since 2001-02 in partnership with the state governments and union territory administrations for universalising elementary education across the country. its overall goals included universal access and retention, bridging of gender and social category gaps in education and enhancement of learning levels of children. subsequent to the enactment civil appeal no ..... thus had enough time at their disposal to equip themselves adequately to cope up with the obligations as aforesaid. 41 1995 supp (4) scc11142 (2018) 13 scc56043(1993) 1 scc645civil appeal no of 2019 @ slp(c)no.20 of 2018 etc. 74 state of bihar and ors. vs. the bihar secondary teachers struggle committee, ..... court is presently under challenge at the instance of the state.4. by the bihar non-government secondary schools (taking over of management and control) act, 1981 ( 1981 act , for short), management and control of non-government secondary schools were taken over by the state. in terms of section 3, all non-government .....
Tag this Judgment!Court : Supreme Court of India
..... status quo and not 28 part b affect the process of promotion/demotion till further orders from the government. these directions were issued to all autonomous bodies, universities, public enterprises, commissions, corporations, boards and to institutions availing aid from the government under their administrative control. 33 in jarnail singh v lachhmi narain gupta49, ..... in different grades within the cadre. the reservation policy contained in the government order dated 27 april 1978 has been re-issued on 17 april 1993 and 11 may 1993 after the decision in indra sawhney; (xiii) both clauses (1) and (4) of article 16 operate in the same field. both ..... . the rendering ineffective of judgments or orders of competent courts by changing their basis by legislative enactment is a well-known pattern of all validating acts. such validating legislation which removes the causes of ineffectiveness or invalidity of action or proceedings cannot be considered as encroachment on judicial power. the legislature .....
Tag this Judgment!Court : Supreme Court of India
..... died. the applicant had also brought before the tribunal a detailed report of one dr. o.p. singh, professor, department of environmental studies, north-eastern hills university, shillong, meghalaya where entire aspects of the coal mining in the state of meghalaya were discussed. the ngt admitted the application and took the view that illegal and ..... court further following the nageshwar bux roy vs. bengal coal co., lr (1930) 58 ia29 in state of karanataka and others vs. subhash rukmayya guttedar and others, 1993 supp.(3) 290 laid down following in paragraph 6: 6 the question, therefore, is whether the grant of the right to extract the minor mineral from government quarry ..... the air act, but this cannot be classified as a primary dispute over which the ngt would have jurisdiction. such a failure might be of a statutory obligation over which, in the present context and not universally, only a constitutional court would have jurisdiction and not a statutory body like the ngt. while we appreciate .....
Tag this Judgment!Court : Supreme Court of India
..... as granville austin observed, with idealism [granville austin, the indian constitution: cornerstone of a relating to the 50 part d nation, oxford university press (1966), at p. 205.]. courts of the country are expected to function as guardians of the constitution and its values. constitutional courts ..... perspective16 the global approach to the institution of specialized tribunals is a largely consistent one. a cursory examination brings to fore a universal inherent need to disperse disputes across different adjudicatory bodies to reduce the burden on constitutional courts and ensure faster resolution of specific disputes ..... act 2008 xiv. the competition act 2002 xv. the companies act 2013 xvi. the cinematograph act 1952 xvii. the income tax act 1961 xviii. the customs act 1962 xix. the administrative tribunals act 1985 xx. the consumer protection act 1986 xxi. the securities and exchange board of india act 1992 xxii. the recovery of debts due to banks and financial institutions act 1993 .....
Tag this Judgment!Court : Supreme Court of India
..... use, or protect society from the potential harm which may result from the contractual relationship between the government and the individual. 284. professor guido calabresi of yale university law school in his retroactivity, paramount power and contractual changes (1961 62) 71 yale law journal 1191, stated that the government can make contracts that are ..... ) and 29(5) applicable to the said banks are extracted hereunder: 29. pension on voluntary retirement. (1) on or after the 1st day of november 1993 at any time, after an employee has completed twenty years of qualifying service he may, by giving notice of not less than three months in writing to the ..... unlike a private individual, is limited in its ability to contract by the constitution. the federal contracting power is based upon the constitution's authorisation of these acts 'necessary and proper' to the carrying out of the functions which it allocates to the national government. unless the objectives sought by terms and conditions in .....
Tag this Judgment!Court : Supreme Court of India
..... cit, air1958sc861 we are of the opinion that having regard to the constitutional scheme and in order to ensure that the enactment made by parliament, namely, the university grants commission act is able to achieve the objective for which it has been made and ugc is able to perform its duties and responsibilities, and further that the state enactment ..... alone.46. as has been observed above, the petitioners main grievance is for enhancement of compensation, for which the petitioner has already filed first appeal no.880 of 1993 and first appeal no.401 of 1998 which appeals are being allowed by order of the date, we see no reason to entertain the writ petition.47. although ..... and an award is not made in respect to the land so acquired, would the acquisition proceedings lapse. in satendra prasad jain v. state of u.p., (1993) 4 scc369this court held that once possession had been taken under section 17(1) and the land vested in the government then the government could not withdraw from acquisition .....
Tag this Judgment!Court : Supreme Court of India
..... . reliance was placed on the expressions in article viii(b) of the covenant and section 18(2) of tc act and other material including excerpts from a book titled travancore by emily gilchrist hatch15 :- 15 published by oxford university press, 1939 civil appeal no.2732 of 2020 (arising out of slp(c)no.11295 of 2011) etc. sri ..... because by custom only the eldest member of the family could be the ruler and to maintain his dignity and status it was necessary to make these properties impartible. 13 1993 supp (1) scc233civil appeal no.2732 of 2020 (arising out of slp(c)no.11295 of 2011) etc. sri marthanda varma (d) thr. lrs. & anr. vs. ..... therefore, in my opinion, establish the appellant s claim. (emphasis added) b) the validity of the constitution (twenty sixth amendment) act, 1971 was under challenge in this court and by its judgment dated 04.02.1993 in raghunathrao ganpatrao vs. union of india14 the constitution bench of this court rejected the challenge. we shall deal with the challenge to .....
Tag this Judgment!Court : Supreme Court of India
..... were shifted to the restricted category, the requirement of licence would flow from the mandate of section 3 of the ftdr act read with rule 4 of the foreign trade (regulation) rules, 1993. rule 4 reads as under: 4. application for grant of licences a person may make an application for the grant ..... , carrying on any business, trade or profession, which has a definitive postal address; or (ii) any laboratory, scientific or research and development (r&d) institution, university or other educational institution or hospital which has a definitive postal address; or (iii) any service industry which has a definitive postal address. t.p. (c) nos ..... permit the international obligations to be evaded by the simple method of domestic legislation, executive action or judicial decision. contracting states are under an obligation to act in conformity with the rules of international law and bear responsibility for breaches whether committed by the legislature, executive or even judiciary. in a way, .....
Tag this Judgment!Court : Supreme Court of India
..... and statutory treatment of hate speech depends on the values sought to be promoted, perceived harm involved and the importance of these harms.57 consequently, a universal definition of hate speech remains difficult, except for one commonality that incitement to violence is punishable.16. this court in 2014, in pravasi bhalai sangathan ..... to convert its population to islam. the pretext of inadvertent mistake is an afterthought and a sham and unreal defence. 31 (1996) 7 scc70532 1966 scr123 33 1993 (27) drj357 34 (2003) 6 scc17535 air1960sc63336 (2001) 6 scc18137 air1957sc896writ petition (criminal) no.160 of 2020 page 9 of 128 respondent no.9, ..... provided in the criminal code.37. recently, this court in shreya singhal, accepting the constitutional challenge and striking down section 66a of the information technology act, 2000, had differentiated between categories and adopted the scales test when offensive speech would be criminalised, observing: 13...there are three concepts which are .....
Tag this Judgment!Court : Supreme Court of India
..... psychological harm or suffering to women, including threats of such acts, coercion or arbitrary deprivation of liberty, whether occurring in public or private life. 24 the effect of offensive behaviour against women, which laws criminalize- 23 joanne conaghan, law and gender (oxford: oxford university press, 2013) at 113 24the declaration on the elimination of ..... the myths: equality, impartiality, and justice (2001) 10(1) journal of social distress and the homeless 87, 88. 38 explained in r. v. osolin, [1993]. 4 s.c.r. 595 (a canadian case) as opinions improperly forming the background for considering evidentiary issues in sexual assault trials. these include the false concepts that ..... avoided.48. likewise, the bar council of india (bci) should also consult subject experts and circulate a paper for discussion with law faculties and colleges/universities in regard to courses that should be taught at the undergraduate level, in the ll.b program. the bci shall also require topics on sexual .....
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