Judgment Search Results Home > Cases Phrase: the dev sanskriti vishwavidyalaya act 2002 amendment act 2009 Page 1 of about 3,306 results (0.406 seconds)

R (on the Application of Chester) and Another Vs. Secretary of State f ...

Court : UK Supreme Court

..... to give effect to article 190.4 the council of ministers agreed the act concerning the election of the representatives of the european parliament by direct universal suffrage, annexed to council decision 76/787/ecsc, eec, euratom of 20 september 1976 (0j 1976 l 278, p 1), as amended by council decision 2002/772/ec, euratom of 25 june 2002 and 23 september 2002 (oj 2002 l 283, p 1) ("the 1976 act"), which continues to apply in the post-lisbon treaty era. ..... as lord mance pointed out in doherty v birmingham city council [2009] ac 367, para 126, section 2 of the 1998 act requires our courts to 'take into account' european court decisions, not necessarily to follow them. ..... as lord mance pointed out in doherty v birmingham city council [2009] ac 367, para 126, section 2 of the 1998 act requires our courts to 'take into account' european court decisions, not necessarily to follow them. ..... what is notably absent from the court of justice's judgments in both spain v united kingdom and eman and sevinger is any suggestion that, by reason of article 6.2 of the pre-december 2009 teu and articles 17 and 190 ec, the european treaties confer on citizens of the union an individual right to vote, the scope and conditions of which must be measured by reference to the principles established in european court of human rights jurisprudence, such as hirst (no 2) and scoppola. .....

R Vs. Rollins (Appellant)

Court : UK Supreme Court

..... mr miskin submits that the court of appeal placed undue weight on the wording of section 1(4) as an aid to the construction of fsma, since it was a later amendment introduced by the banking act 2009 and, in the absence of clear language, section 1(4) cannot widen the functions of the fsa if they were otherwise limited. ..... by article 7 of the financial services act 1986 (designation) order 1987, the function of the secretary of state under section 201(1) of the 1986 act to institute proceedings with respect to any offence specified in schedule 3 to the order was transferred to the sib "subject to a reservation that it is to be exercisable by the secretary of state concurrently with the [sib] and so as to be exercisable by the [sib] subject to such conditions or restrictions as the secretary of state may from time to time impose". ..... sir john dyson scj (delivering the judgment of the court) the issue that arises on this appeal is whether the financial services authority ("the fsa") has power to prosecute offences of money laundering contrary to sections 327 and 328 of the proceeds of crime act 2002 ("poca"). ..... they cannot be relied on to determine the intention of parliament: see r (westminster city council) v national asylum support service [2002] 1 wlr 2956 per lord steyn at para 6. .....

Ml (Ap) (Scotland) Vs. Ans and Another

Court : UK Supreme Court

..... that conclusion was reflected in the group's recommendation (para 3.24): "the group recommends that the current grounds for dispensing with the agreement of birth parents should be changed and that those in the 2002 act should be adopted, amended to reflect the 'necessity test' in article 8. ..... this point is also reflected in the observations made by this court in in re s-b (children) (care proceedings: standard of proof) [2009] uksc 17, [2010] 1 ac 678, paras 6-7: "in this country we take the removal of children from their families extremely seriously it is not enough that the social workers, the experts or the court think that a child would be better off living with another family. ..... as the court of appeal observed in relation to section 52(1)(b) of the 2002 act in in re p (children) (adoption: parental consent) [2008] ewca civ 535, [2009] ptsr 150 (para 126): "what is also important to appreciate is the statutory context in which the word 'requires' is here being used, for, like all words, it will take its colour from the particular context. ..... the submissions lodged by the lord advocate in response to the minute referred (among other authorities) to the judgment of the court of appeal in in re p (children) (adoption: parental consent) [2008] ewca civ 535, [2009] ptsr 150, in which the relevant issues were fully addressed. .....

Central Bureau of Investigation Vs. mohd.parvez Abdul Kayuum

Court : Supreme Court of India

..... , cbi/acb by asi shri ishwar chand sharma, for recording his statement under section 32 of the prevention of terrorism act, 2002 (pota) in connection with case no.cbi rc.5(s)/2003 siu.i/sic.i/cbi/new delhi (jagdish tiwari case). ..... for seeking a direction to re investigate/for further investigation of the offences would be in the arena of re appreciating and re evaluating the evidence and material on record and, therefore, the propriety and judicial discipline dissuades this court from entering into the merits of the case in exercise of powers under article 226 of the constitution of india as well as under section 482 of the code of criminal procedure, 1973, since the apex court is in seisin of the subject matter to settle the issue authoritatively in its plenary jurisdiction under chapter ..... in order to save vires of aforesaid rule 8, the statement was made in the court by the bar council that they are going to amend the rules, however, he submitted that the bar council has not amended the rules in spite of making the statement. ..... dinesh, (2009) 11 scc566 state of u.p. v. .....

Present: Mr. Anupam Gupta Senior Advocate with Vs. State of Punjab and ...

Court : Punjab and Haryana

..... nomination paper with regard to their antecedents, assets and liabilities, educational qualification etc.this judgment was followed by the supreme court in people's union for civil liberties (pucl) and another's case (supra) wherein the validity of section 33-b of the representation of the people (third amendment) act, 2002, which was enacted following the directions contained in the judgment rendered in union of india's case (supra).it was held therein that a voter is firs.citizen of this country and apart from statutory ..... learned senior counsel appearing on behalf of the petitioner, that in section 10 of the un-amended act, there was no provision of wards as the number of panches were to be elected in the gram sabha on the basis of its population because the gram sabha was considered to be a multi-members single constituency, but after the amendment of section 10 by the amendment act, the gram sabha area is divided into such number of wards correlating with the number of panches according to the population indicated in the table provided in section 10 (1c) of the amendment act and the wards were required to be constituted ..... this system was highlighted in cwp no.10804 of 2008 and vide order dated 07.01.2009, this matter was referred to the full bench and during the pendency of the adjudication of full bench, the government decided to introduce amendment in the act so that the elections of the panchayats can be conducted as a multi-member constituency instead of multi-member .....

Hari Dass Sharma Vs. Vikas Sood and ors.

Court : Supreme Court of India

..... he finally submitted that by the himachal pradesh urban rent control (amendment) act, 2009 (for short the amendment act, 2009 ) a new proviso has been added in clause (c) of section 14(3) stating that the tenant evicted under clause (c) of section 14(3) of the act shall have the right to re-enter on new terms of tenancy, on the basis of mutual agreement between the landlord and the tenant, to the premises in the rebuilt building equivalent in area to the original premises for which he was a tenant. ..... in our considered opinion, once the high court maintained the order of eviction passed by the controller under section 14(4) of the act, the tenants were obliged to give vacant possession of the building to the landlord and could only ask for reasonable time to deliver vacant possession of the building to the landlord and hence the direction of the high court that the order of eviction could only be executed on the revised plan of the building being approved was clearly contrary to the provisions of section 14(4) of the act and the proviso thereto.12. ..... ispahani & another (2002) 5 scc 229.though the orders passed by both the authorities are upheld/sustained, however, it is directed that only on the valid revised/ renewed building plan being sanctioned by the competent authority, the order of eviction shall be available for execution. ..... [(2002) 5 scc 229]. .....

State (Gnct of Delhi) Vs. Sidhartha Vashisht

Court : Delhi

..... , 2003 (10) scale 96 while dealing with the validity of section 30 of the prevention of terrorism act, 2002, the supreme court referred to in detail to witnesses protection and to the need to maintain a just balance between the rights of the accused for a fair trial (which includes the right to cross-examine the prosecution witnesses in open court) and to the need to enable (a) prosecution witnesses whose identity is known to the accused to give evidence freely without being overawed by the presence of the accused in the court and (b) protection of the identity of witnesses who are not ..... known to the accused, by means of devices like videoscreen ..... perhaps law needs amendment to clause (b) of section 340(3) of the code of criminal procedure in this respect as the high court can direct any officer to file a complaint. ..... state of gujarat and ors 2009 (6) scc 342.101. .....

Prayagbai W/O Annasaheb Kadam, Vs. the State of Maharashtra Through It ...

Court : Mumbai

Reported in : 2009(4)BomCR408; 2009(111)BomLR1612; 2009(4)MhLj779

..... this case, a lpa was filed against the judgment and order passed by the learned single judge arising out of an appeal passed by the school tribunal.10.considering the view adopted by the courts in the judgments cited supra and the facts of this case, we are of the opinion that the lpa is maintainable against the order passed by the learned single judge.11.the provision of section 45(2) of the ceiling act reads thus:5. ..... considering the provisions of section 45(2) of the ceiling act and the judgment of the full bench in manohar (supra) we are of the opinion that for compliance of the provisions of section 45(2) of the ceiling act, the authority is required to call record within a period of three years from the date of passing of the order by the sldt ..... passed under this section so as to affect any land which is already declared surplus and distributed according to the provisions of this act: provided also that, the revisional jurisdiction under this section shall be exercised only where it is alleged that the land declared surplus is less than the actual land which could be declared surplus.12.we will first deal with the contentions raised by the counsel for the appellants that it is not only necessary to call record within three years from ..... the appellants filed return under section 12 of the maharashtra agricultural lands (ceiling on holdings) act 1961, as amended upto 1975, (for short, hereinafter referred to as 'the ceiling act') ..... of maharashtra 2002 mcr 311. ..... (2) surya dev rai .....

General Manager, Uttaranchal Jal Sansthan Vs. Laxmi Devi and ors.

Court : Supreme Court of India

Reported in : AIR2009SC3121; [2009(121)FLR1000]; JT2009(13)SC573; (2010)5MLJ1213(SC); 2009(8)SCALE503; (2009)7SCC205; 2010(1)SLJ43(SC):2009AIRSCW5014

..... our attention has also been brought to a purported office order dated 21st march, 2002, stating:kindly peruse the above referred letter of this office whereby it had been acquainted that by making amendment in finance rules compendium, part-6, on the issue of abating the ruling of appointment related to work charge units, this rule has been made vide letter no. ..... while doing so, the authorities ought to adopt a positive approach coupled with an empathy for the person.also, in the matter of regularisation, the main concern of the court is to see that the rule of law is respected and to ensure that the executive acts fairly and gives a fair deal to its employees consistent with the requirement of articles 14 and 16 of the constitution. ..... the high courts acting under article 226 of the constitution, should not ordinarily issue directions for absorption, regularisation, or permanent continuance unless the recruitment itself was made regularly and in terms of the constitutional scheme. ..... water supply and sewerage act, 1975. .....

Oriental Insurance Co. Ltd. Vs. Mohd. Nasir and anr.

Court : Supreme Court of India

Reported in : 2006ACJ2742; 2009(3)AWC2759(SC); [2009(121)FLR1103]; (2009)IIILLJ559SC; 2010(1)MhLJ312(SC); (2009)156PLR778; 2009(8)SCALE161; (2009)6SCC280:2009AIRSCW3717

..... the delay, direct that the employer shall, in addition to the amount of the ..... (3) where any employer is in default in paying the compensation due under this act within one month from the date it fell due, the commissioner shall-- (a) direct that the employer shall, in addition to the amount of the arrears, pay simple interest thereon at the rate of twelve per cent per annum or at such higher rate not exceeding the maximum of the lending rates of any scheduled bank as may be specified by the central government, by notification in the official gazette, on the amount due; and (b) if, in his opinion, there is no justification for ..... by amending act, 14 of 1995, section 4a of the act was amended, inter alia, fixing the minimum rate of interest to be simple interest @ 12%. ..... by an award dated 21.2.2002, the tribunal assessed the permanent disability suffered by him at 50%. ..... it collided with a tanker on 17.7.2002 resulting in fracture of his femur right thigh. ..... 1 was hospitalized from 19.7.2002 to 7.8.2002. .....