Court : Supreme Court of India
..... further the court held that the trial court did not have the jurisdiction to try the cases under the bombay rent act, the appropriate court should have been small causes court established under the provincial small 5 causes court act. ..... on the other hand, the counsel for the respondent has supported the judgment by stating that there is extrinsic evidence which shows that the contract entered into between the parties was a license to use the shop, which is covered under bombay rent act. ..... the counsel for the appellant contended that the impugned order of the high court erred in appreciating the language of the contract, which clearly points towards the intention of the parties to create a license for continuing existing business, which was run by late husband of the appellant. ..... thus, considering the entirety of the case, in my view, both the courts below have incorrectly interpreted the document and the surrounding circumstances which, in my view, indicate that the parties had in fact agreed that the premises were transferred to the appellant on a leave and license basis.7. ..... as described in para l(b) above belonging to you is existing is being taken by me for conducting by an agreement for a period of two years beginning from 1st february 1963 to 31st january 1965. b. .....
Tag this Judgment!Court : Supreme Court of India
..... 59. in sajjan singh case [(1965) 1 scr933: air1965sc845 a similar contention was raised against the validity of the constitution (seventeenth amendment) act, 1964 by which article 31-a was again amended and 44 statutes were added to the ninth schedule to the ..... meaningful. but at the same time, one should keep guard over the process of amending any provision of the constitution so that it does not result in abrogation or destruction of its basic structure or loss of its original identity and character and render the constitution ..... on 14.08.1961 through ministry of home affairs while declining to act on the kaka kalelkar commission report informed all the state governments that they had discretion to choose their own criteria in defining backward classes and it would be open for 14 state governments to draw its own list of other backward classes. .....
Tag this Judgment!Court : Supreme Court of India
..... i alongwith my associate home guard brought the driver whose name and address aman bangia s/o sh. s.k. ..... although the police had lodged fir under section 185 of the mv act besides sections 279/427 of the ipc, no charge-sheet has been filed against the driver till date, meaning thereby, that the police after investigating the case, could not find any evidence to prosecute the driver for any of the offences. ..... 7 pleadings7 in the complaint filed under section 17 of the consumer protection act, 1986, we may notice the allegations, which are relevant: the exclusion clause is not applicable as the person driving the vehicle had not consumed any alcohol. ..... he has further deposed that the fir453of 2007 against him under section 185 of the mv act and sections 279/427 of the ipc was falsely registered. ..... no test was performed in regard to the person driving to establish that he was under the influence of drugs or intoxicating liquor, as provided under section 185 of the mv act or the exclusion clause. ..... the proceedings under the consumer protection act, being summary in nature, the commission was not required to go into the technicalities of criminal or civil 1 (1971) 3 scc93014 jurisprudence. ..... the result of the other two offences (sections 427 of the ipc and 185 of the mv act was not made available). ..... the fir dated 22.12.2007, which was under section 279/427 of the ipc and section 185 of the motor vehicles act, 1988, the medico-legal case sheet of dr. .....
Tag this Judgment!Court : Supreme Court of India
..... sentence is question of personal liberty protected by article 21 of the constitution of india and there is requirement of giving due weightage to the mitigating and aggravating circumstances and in the present case the mitigating circumstances in favour of the accused are more than the aggravating circumstances and therefore the punishment higher than the minimum provided under the act is not justified and/or warranted is concerned, at the outset, it is required to be noted that the appellant is held to be guilty for the offence under section 21 of the act and found to be in possession of 1 kg heroin which is four ..... this act, the court may, in addition to such factors as it may deem fit, take into account the following factors for imposing a punishment higher than the minimum term of imprisonment or amount of fine, namely: (a)the use or threat of use of violence or arms by the offender; (b)the fact that the offender holds a public office and that he has taken advantage of that office in committing the offence; (c)the fact that the minors are affected by the offence or the minors are used for the commission of an offence; (d) the fact that the ..... before the ndps act 1965 was enacted, the statutory control over narcotic drugs was exercised in india through number of central and state enactments viz. .....
Tag this Judgment!Court : Supreme Court of India
..... (2) without prejudice to the generality of subsection (1), the court's order may (a) regulate the conduct of the company's affairs in the future, (b) require the company to refrain from doing or continuing an act complained of by the petitioner or to do an act which the petitioner has complained it has omitted to do, (c) authorise civil proceedings to be brought in the name and on behalf of the company by such person or persons and on such terms as the court may direct, (d) provide for the purchase of the shares of any members of the company by other members or by the company itself and, in the case of a purchase by the company itself, the reduction of the company ..... group acquired shares nearly after 50 years in the year 1965. ..... any part thereof, if not already approved as part of the annual business plan; (g) any matter affecting the shareholding of the tata trusts in the company or the rights conferred upon the tata trusts by the articles of the company or the shareholding of the company in any tata company if not already approved as part of the annual business plan; (h) exercise of the voting rights of the company at the general meetings of any tata company, including the appointment of a representative of the company under section 113(1)(a) of the companies act, 2013 in respect of a general meeting of any tata company .....
Tag this Judgment!Court : Supreme Court of India
..... before we consider the respective arguments and the findings of the high court, some of the statutory provisions are reproduced hereunder for appreciation of the contentions raised: uttar pradesh co-operative socieites act, 1965 2 121. ..... some of the relevant provisions of the dairy service rules read as under: 2(a) act means the uttar pradesh co-operative societies act, 1965. ..... in terms of the specific statutory regime referable to section 122-a18of the 1965 act, rule 15 thus, would be the governing principle rather than regulation 87 framed in exercise of regulation making power referable to the general dispensation under sections 121 and 122 of the 1965 act. ..... section 122-a of the 1965 act empowers the government, by rules, to provide for creation of one or more services of employees of such co-operative society or class of co-operative societies as the government may think fit and prescribe inter alia conditions of service including appointment and removal of persons appointed to such service.27. ..... it was in exercise of power conferred under section 122-a of the 1965 act that 1984 rules were framed. ..... on 16.04.1976, section 122-a was inserted in the 1965 act which now provided for centralization of services. .....
Tag this Judgment!Court : Supreme Court of India
..... on the question as to where the appeal could be lodged we are clearly of the view that the forum was governed by the provisions of the goa, daman and diu (extension of code of civil procedure, 1908 and arbitration act, 1940) act, 1965 (central act 30 of 1965) read with the provisions of the goa, daman and diu civil court act, 1965 (goa act 16 of 1965) both of which came into force simultaneously on june 15, 1966 and the appeal was required to be filed in the judicial commissioner's court. ..... the following submissions: (i) the statement of objects and reasons underlying the enactment of the act of 2019 indicates that: (a) the new legislation has been enacted to strengthen the remedies available to consumers; (b) the legislature was conscious of the delays in the disposal of cases under the erstwhile legislation; and (c) while enacting the new law, a conscious decision was taken to enhance the pecuniary limits of the jurisdiction of the district commission, scdrc and ncdrc to ensure that the 16 part b large proportion of cases can be resolved in the fora situated close to the complainants; (ii) the purpose of the act ..... upon the payment of an advance of rs.3.50 lacs on 25 november 2011 by the appellants, the respondent provisionally allotted a residential unit in a real-estate project described as krescent homes admeasuring a super built area of 114.27 square metres which was being developed by the respondent at jaypee greens, noida. .....
Tag this Judgment!Court : Supreme Court of India
..... 10(2)(c) (2) maharashtra municipal councils, nagar panchayats and industrial townships act, 1965 sections 9(2)(d) and 341(b)(4) (3) the maharashtra municipal corporations act, 1949 section 5a(1)(c) 32 observe that the view taken in this judgment would apply with full force to the interpretation and application of the provisions of the stated act(s) and the state authorities must immediately move into action to take corrective and follow up measures in right earnest including to ensure that future elections to the concerned local bodies are conducted strictly in conformity with ..... no.188318/2019 be allowed and the registrar general of india, ministry of home affairs, government of india 26 and the secretary, ministry of social justice and welfare be directed to make available the data of socio economic census 2011, to the extent only relating to the caste of the citizens of rural maharashtra, to enable the government of maharashtra to calculate population belonging to castes that make a part of backward classes of citizens (bcc) in maharashtra.6. ..... it is also incumbent upon the executive to ensure that reservation policies are reviewed from time to time so as to guard against overbreadth. .....
Tag this Judgment!Court : Supreme Court of India
..... it is also clear from the abovesaid analysis of the dtaa, the income-tax act, the copyright act that the payment would constitute royalty within the meaning of article 12(3) of the dtaa and even as per the provisions of section 9(1)(vi) of the act as the definition of royalty under clause 9(1)(vi) of the act is broader than the definition of royalty under the dtaa as the right that is transferred in the present case is the transfer of copyright including the right to make copy of software for internal business, and payment made in that regard would constitute royalty for imparting of any information concerning ..... state of kerala, (1965) 3 scr187: air1965sc1688 , a question arose as to the exercise of an option of purchasing an undertaking by the state electricity board under section 6(4) of the electricity act, 1910. ..... , dublin, ireland, and cleared the goods for home consumption, and filed an application before the additional collector of customs, claiming a refund of customs duty. ..... to drive home this point the tribunal, once again, has correctly drawn a distinction between the definition of royalty as appearing in the dtaa and that which finds mention in explanation 2 to section 9(1)(vi) of the i.t. .....
Tag this Judgment!Court : Supreme Court of India
..... lic of india [air1966sc135: (1965) 3 scr665 (already referred to), this court has observed that vis- -vis the lic act, 1956, the companies act, 11 1956 can be treated as a general statute. ..... (iii) if a financial corporation acting under section 29 of the sfc act seeks to sell or otherwise transfer the assets of a debtor company-in-liquidation, the said power could be exercised by it only after obtaining the appropriate permission from the company court and acting in terms of the directions issued by that court as regards associating the official liquidator with the sale, the fixing of the upset price or the reserve price, confirmation of the sale, holding of the sale proceeds and the distribution thereof among the creditors in terms of section 529-a and section 529 of the companies act. ..... where there are later enactments with similar non obstante clauses, the sick industrial companies (special provisions) act, 1985 has been held to prevail only in a situation where the reach of the non obstante clause in the later act is limited such as in the case of the arbitration and conciliation act, 1996 or in the case of the later act expressly yielding to the sick industrial companies (special provisions) act, 1985, as in the case of the recovery of debts due to banks and financial institutions act, 1993. .....
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