Court : Supreme Court of India
..... be deemed to be a notification under sub-section (1) of section 4 of the said act; 6 (ii) the forest settlement officer shall be deemed to be a collector under the said act, and the claimant shall be deemed to be a person interested and appearing before him in pursuance of a notice given under section 9 of the said act; (iii) the provisions of sections 5-a, 6,7 and 8 of the said act shall not be applicable; and (iv) the forest settlement officer with the consent of the claimant, or the court as defined in the said act-with the consent of the claimant and of the government may, instead of money compensation, award compensation ..... even articles 48-a and 51-a(g) inserted in the constitution by the 42nd amendment oblige the state and the citizen, respectively, to protect and improve the natural environment and to safeguard the forest and wildlife of the country. ..... corporations cannot speak either; nor can states, estates, infants, incompetents, municipalities or universities if the environment is not to get lost in the shuffle, we would do well, i think, to adopt the guardianship approach as an additional safeguard, conceptualizing major natural objects as holders of their own rights, raisable by the court-appointed guardian. ..... [see charmian barton: precautionary principle in australia (vol.22) (1998) harv. ..... 22 (1998), harv. .....
Tag this Judgment!Court : Supreme Court of India
..... of this sub section misconduct shall include (a)any action adversely affecting, (i) the sovereignty, unity and integrity of india; or (ii) the harmony and the spirit of common brotherhood amongst all the people of state transcending religious, linguistic, regional, caste or sectional diversities; or (iii) the dignity of women; or (b)gross negligence in the discharge of the duties under this act; [(c) the use of position or influence directly or indirectly to secure employment for any relative in the panchayat or any action for extending any pecuniary benefits to any relative ..... a reading of the order of the collector and the revisional authority, discloses that, the resolution passed by the standing committee of the panchayat on 01.08.1998 providing for recusal of the committee members from the statutory committee and for re-allocation of marks by vesting it in the chief executive officer, was not even discussed in the orders. ..... union of india, (1999) 6 scc237and aligarh muslim university and others vs. ..... goa university; (2002) 2 scc712 govt. of t.n. vs. ..... university of lucknow and others; (1976) 3 scc585held that what has to be seen is whether there is a reasonable ground for believing that he was likely to have been biased. ..... ; (1997) 10 scc641 utkal university vs. .....
Tag this Judgment!Court : Supreme Court of India
..... solshe, learned counsel for the respondent no.1 supports the impugned judgment and submits that the entire controversy has been set at rest on amendment of the maharashtra employees of private schools (conditions of service) regulation act, 1977, by including the post of shikshan sevak under the act and casting an obligation on the management of private schools to fill up the said post by appointing a person suitable in the list of surplus persons maintained by the office of education inspector, greater bombay or the education officer, zilla parishad, as the case may be, for absorption to the post.8. ..... once the respondent no.1 had acquired the requisite qualification in the course of his service with the respondent no.3-school, and the relevant gr which was ultimately incorporated in the act of 1977, permitted appointment of a non- teaching employee in a school as a shikshan sevak subject to the employee acquiring the requisite educational qualifications and further, subject to such a 7 post being available, the appellants cannot be heard to state that the respondent no.1 being a part of the non-teaching staff, was not entitled for being considered for appointment to the subject post. ..... while working on the subject post, in the year 2004, the respondent no.1 passed bachelor of arts examination from the yashwant rao chavan open university, nasik. ..... his appointment to the subject post was approved vide letter dated 29th january, 1998. .....
Tag this Judgment!Court : Supreme Court of India
..... be invoked, some of the relevant factors that the courts bear in mind are:- (a) the number of deceased who are victims of that crime and their age and gender; (b) the nature of injuries including sexual assault if any; (c) the motive for which the offence was committed; (d) whether the offence was committed when the convict was on bail in another case; (e) the premeditated nature of the offence; (f) the relationship between the offender and the victim; (g) the abuse of trust if any; (h) the criminal antecedents; and whether the convict, if released ..... only with the hypothesis of the guilt of the accused, that is to say, they should not be explainable on any other hypothesis except that the accused is guilty, (3) the circumstances should be of a conclusive nature and tendency, (4) they should exclude every possible hypothesis except the one to be proved, and (5) there must be a chain of evidence so complete as not to leave any reasonable ground for the conclusion 28 consistent with the innocence of the accused and must show that in all human probability the act must have been ..... if the joint director was not comprehended within the expression director then the legislature would have certainly named him while amending the clause and providing that section 293 applies to the deputy director or assistant director of a 18 central forensic science laboratory or a state forensic science laboratory. ..... state of kerala, (1998) 2 scc301 the relevant para of which is extracted hereinbelow: 11. .....
Tag this Judgment!Court : Supreme Court of India
..... noticing the importance of tigers as a centre of the eco- system, chapter ivb of the wlp act, which deals with ntca, was inserted by the wild life (protection) amendment act, 2006 (no.39 of 2006) with effect from 4th september ..... section 38xa of the wlp act which was inserted by the wild life (protection) amendment act, 2022 (no.18 of 2022) makes the legislative intent amply ..... the long title of the wlp act was amended by the wild life (protection) amendment act, 2022 (no.18 of 2022), which reads ..... conditions to establish such facilities; ii) standards/norms for recognition of elephant rehabilitation/rescue centres (erc) under section 42 of the wildlife (protection) act, 1972 recommends that ercs should be located, preferably near the forest areas with access to water body/streams (f.no.2-5/2006-pe (vol.ii) dated 29.10.2017; iii) as per provision 2.1.4 of national zoo policy, 1998, .zoos shall continue to function as rescue centres for orphaned wild animals, subject to the availability of appropriate housing and upkeep infrastructure . ..... hunter (university of michigan) in an article titled an ecological perspective on property: a call for judicial protection of the public's interest in environmentally critical resources published in harvard environmental law review, ..... sax, professor of law, university of michigan proponent of the modern public trust doctrine in an erudite article public trust doctrine in natural resource law: effective judicial intervention , michigan law review, .....
Tag this Judgment!Court : Supreme Court of India
..... an appeal) pending before any court immediately before the commencement of the special court (trial of offences relating to transactions in securities)amendment act, 1994 (24 of 1994), being a suit, claim or proceeding, the cause of action whereon it is based is such that it would have been, if it had arisen after such commencement, within the jurisdiction of the special court under sub-section (1), shall stand transferred on such commencement to the special court and the special court may, on receipt of the records of such suit, claim or other legal ..... furthermore, there is no reference whatsoever in this affidavit with regard to letter dated 5th may, 1998 which was annexed with the affidavit filed on behalf of the custodian and was heavily relied upon by the special court. ..... it was urged that the letter dated 5th may, 1998 issued by respondent no.3-income tax department was referred to in the cross-examination of the appellants. ..... in turn, the income tax department, vide letter dated 5th may, 1998 informed the custodian 5 about respondent no.2-pallav sheth being the benami owner of the companies (respondent nos. ..... 6, 7 and 8 is based entirely on a communication dated 5th may, 1998 purportedly issued by the income tax department. .....
Tag this Judgment!Court : Supreme Court of India
..... the proviso to section 3, and the amendment to section 2(f) to include the addition of national small industries corporation and the small industries development corporation of a state or a union territory to the definition of supplier , were incorporated by act no.23 of 1998 with effect from 10.08.1998.6 ..... by way of act no.23 of 1998, which came in effect from 10.08.1998, amending clause 2(f), mssidcl is to be treated or deemed to be a supplier to mseb ..... goods or receives any services from a supplier for consideration; xxx xxx /xxx (f) "supplier" means an ancillary industrial undertaking or a small scale industrial undertaking holding a permanent registration certificate issued by the directorate of industries of a state or union territory and includes,- (i) the national small industries corporation, being a company, registered under the companies act, 1956 (1 of 1956); (ii) the small industries development corporation of a state or a union territory, ca @ slp(c) no.12063/2018 3 by whatever name called, being a company registered under ..... the effect of the proviso to section 3, made applicable with effect from 10.08.1998, is that the supplier and the buyer may ca @ slp(c) no.12063/2018 4 agree by contract on the date of payment, but in no case can the date of payment exceed 120 days from the day of acceptance or the day of deemed ..... a reading of section 3 of the 1993 act, as it stood before the enactment of the proviso, the buyer and the supplier could agree upon the date of payment. .....
Tag this Judgment!Court : Supreme Court of India
..... -in article 105 of the constitution, in clause (3), for the words "shall be those of the house of commons of the parliament of the united kingdom, and of its members and committees, at the commencement of this constitution", the words, figures and brackets "shall be those of that house and of its members and committees immediately before the coming into force of section 15 of the constitution (forty-fourth amendment) act, 1978" shall be substituted.67. ..... it is clear that in the matter of the application of laws, particularly, the provisions of the lokayukt act and the prevention of corruption act, 1988, insofar as the jurisdiction of the lokayukt or the madhya pradesh special establishment is concerned, all public servants except the speaker and the deputy speaker of the madhya pradesh vidhan sabha for the purposes of the lokayukt act fall in the same category and cannot claim any privilege more than an ordinary citizen to whom the provisions of the said acts apply. [ ]..49. ..... zachillhu,57 while deciding on the validity of the constitution (fifty second amendment) act 1985 which introduced the tenth schedule to the indian constitution opined that the freedom of speech in parliament under clause (2) of article 105 is not violated. ..... on 7 march 2019, a bench of three judges which heard the appeal observed that the precise question was dealt 3 (1998) 4 scc626 page 5 of 135 part a with in a judgment of a five-judge bench in pv narasimha rao (supra). ..... , universal law publishing co, 502. .....
Tag this Judgment!Court : Supreme Court of India
..... in order to buttress this submission, our attention was drawn to section 8-a which begins with a non-obstante clause and which states that the custodian may, with the approval of the central government, dispose of enemy property by sale or otherwise, as the case may be, the enemy property vested in him immediately before the date of commencement of the amendment act, 2017, in accordance with the provisions of the act as amended by the amendment act, 2017. ..... h) that due to non-payment of taxes since the year 1998- 1999, jal sansthan lucknow appellant no.3 herein, served final notice under the provisions of the land revenue act of the state of up to respondent no.1 to pay the pending bills of water tax/sewer tax/water price of rs. ..... 4.1 historically, prior to the fiscal year 1998-1999, the appellant-municipal corporation imposed and collected taxes in accordance with rule no.174 'ka' of the act of 1959 from the assessee. ..... however, in the fiscal year 1998-1999, it came to the municipal corporation s attention that the assessee was operating a commercial establishment within the premises. .....
Tag this Judgment!Court : Supreme Court of India
..... the college tribunal vide judgment dated 30.04.2004 was of the opinion that since it was not an order of dismissal, removal or termination of service, therefore, the appeal was not maintainable under section 59(1) of the maharashtra universities act, 1994 (hereinafter referred to as 1994 act ) and on such, the question of limitation under section 59(2) does not arise. ..... as per clause 8(3)(d) of sndt women s university statute, the governing body of the management is empowered to accept the resignation on giving six months notice or payment of salary and the government has no role to play in refusal or acceptance of the resignation. ..... therefore, while deciding the questions (a) and (b) in favour of appellant, we deem it appropriate to direct the trust to 28 regularize the service period of the appellant from 24.09.2003 (when they wrongly treated the appellant as having resigned) till the date of joining the duty at the new institution as principal on 01.10.2007. ..... xxx xxx xxx xxx on perusal of the same, the reference to the letter dated 08.04.2003 made in the said letter of 11.08.2003, referring to the contents, particularly the lines the allegations and averments on either side need not be dealt with. ..... in the month of december 1998, the management of the trust was changed, and the functioning of the school was taken over by the new management. .....
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