Court : Supreme Court of India
..... entities, both private and public. the supply of electricity, the generation, transmission, and distribution of electricity has been liberalized in terms of the 2003 act barring certain segments. private entities are entitled to hold licenses. in this context, it has to be emphasized that private participation as distribution licensees is ..... to operate on business lines, pay taxes and justify their creation and constitution. these corporations, whether created under the statute or registered under the companies act are distinct juristic entities owning their own properties, having their own fund, capable of borrowing and lending monies and entering into contracts like any other ..... primacy over all other laws, including the ibc, which was a general law dealing with corporate insolvency implemented much later. in terms of the 2003 act, and the regulations framed under it, including the uttar pradesh electricity supply code, 2005 (hereinafter, 2005 code ), a special mechanism for recovery of .....
Tag this Judgment!Court : Supreme Court of India
..... rampur, as void and consequently came to be set aside. factual background of the case 1 2. the notification under the representation of the people act, 1951 (hereinafter referred to as the act 1951 ) was notified for holding election of u.p. state legislative assembly from 34, suar, district rampur constituency. public notice was issued by the ..... court in rakesh kumar (supra) wherein as regards the determination of age of the candidate in terms of section 36(2) of the representation of the people act, 1951, this court observed : 27. in sushil kumar v. rakesh kumar [(2003) 8 scc673 this court as regards determination of age of a candidate in 51 ..... .appellant(s) versus nawab kazim ali khan .respondent(s) judgment rastogi, j.1. instant appeal has been filed under section 116a of the representation of people act, 1951 assailing the judgment and order dated 16th december, 2019 passed by the high court of judicature at allahabad, holding the election of the returned candidate (appellant) from .....
Tag this Judgment!Court : Supreme Court of India
..... of 2018 of this court, in exercise of the power conferred under section 18 of the commercial courts, commercial division and commercial appellate division of high courts act, 2015 (act 4 of 2016), the hon. the chief justice is pleased to issue the practice note therein and in relation to commercial appellate division, it is stated ..... would be appealable only if they fall 31 under order 43 of the cpc as provided in section 13 of the commercial courts act.79. both the admiralty act and commercial courts act are special acts. in ashoka marketing ltd. v. punjab national bank5, a constitution bench of this court, after considering the law on the subject ..... management hearing, admissibility of evidence, framing of issues, interrogatories, etc. this would make a mockery of the intended purpose of parliament in enacting the commercial courts act, which is to expedite trials in commercial suits of a specified value, and restrict the number of interlocutory appeals.82. this court is of the view that .....
Tag this Judgment!Court : Supreme Court of India
..... . lt164 in which it was held: whenever any body of persons having legal authority to determine questions affecting rights of subjects, and having the duty to act judicially act in excess of their legal authority they are subject to the controlling jurisdiction of the king's bench division exercised in these writs. the aforesaid definition was accepted ..... errata notification, as per the record produced, reads thus: - submitted:- in this case the surveyor of wakf board collected the copies of old pahani for the year 1951 and 45 khasrapahani for the year 1954-55 in respect of the land relating to d. hzt. hussain shah vali situated in manikonda(v) and submitted his report ..... the commutation regulation under article 31(6) of the constitution, as then existed, by a notification published in the gazette of union of india. on 18.6.1951, articles 31-a and 31-b and schedule ix were incorporated and the abolition regulation and the commutation regulation were included in the schedule ix. thus, the above .....
Tag this Judgment!Court : Supreme Court of India
..... transgressing the rights of the minority institutions. the selection of the teachers and their nomination by the commission constituted under the provisions of the commission act, 2008 would satisfy the national interest as well as the interest of the minority educational institutions and the said provisions are not violative of the ..... commission, with the primary concern being financial difficulty, followed by efficiency. the regulation was brought forthwith as an abundant caution by way of a subsequent act to complete the formalities. institutions were being put on notice about the decision to withhold any fresh recruitment. however, recruitments have been made de hors ..... d) grant of leave and provident fund and other benefits; and (e) maintenance of record of work and service.6. regulations have been framed under the act dealing with various subjects, however, for the present case only chapter iii of the said regulations is relevant, which deals with conditions of service . regulation101 - .....
Tag this Judgment!Court : Supreme Court of India
..... has also been dealt with in following decisions: a) while considering section 38-b of the orissa estates abolition act, 1951, which did not impose any restriction akin to those found in sub- section (7) of section 47-a of the act, this court in state of orissa and others v. brundaban sharma and another38 observed:- 12. .. . ..... 56(1) and 70(2) to such subordinate revenue authority as may be specified in the notification. section 76-a was inserted in the principal act vide the decentralization act, 1914 (act no.iv of 1914). the legislative head in entry 44, namely stamp duties other than duties on or fees collected by civil appeal no.2586 of ..... k. baskaran 3 section 47-a. instrument of conveyance etc., undervalued how to be dealt with.- (1) if the registering officer appointed under the indian registration act, 1908 (central act xvi of 1908), while registering any instrument of conveyance, [exchange, gift, release of benami right or settlement]. has reason to believe that the market value of .....
Tag this Judgment!Court : Supreme Court of India
..... not a punishable offence under section 309 of the indian penal code, 1860 (for short, ipc ) vide section 115 of the mental healthcare act, 2017 (act no.10 of 2017)} (ii) whether the right to die with dignity as a fundamental right falls within the folds of the right to ..... and to mental health professionals against being held liable for unforeseen consequences upon following an advance directive189. 134 chapter iv of the mental healthcare act 2017 contains detailed provisions for the appointment and revocation of nominated representatives. the provisions contained in chapter iv stipulate qualifications for appointment of nominated ..... registration of directives, objections, revocation of directive, panel of specialists, certification of terminal illness, duty of medical practitioner and other related provisions. the belgian act on euthanasia, 2002 also contains provisions regarding advance directive in section 4. swiss civil code 1907 in articles 362 and 365 provides for advance care .....
Tag this Judgment!Court : Supreme Court of India
..... and empowering the banks etc. to take possession of the securities and sell them without intervention of the court. xxx xxx xxx110 the drt act facilitated establishment of two-tier system of tribunals. the tribunals established at the first level have been vested with the jurisdiction, powers and authority ..... resuming possession and has adversely affected investment in rental housing and cause deterioration of the rental housing stock. on the other hand, the sarfaesi act was enacted by the parliament with a view to regulate the securitisation and reconstruction of financial assets and enforcement of security interests against the debtor ..... the stipulated statutory period of 60 days, the respondent-bank filed an application before the chief metropolitan magistrate, mumbai under section 14 of the sarfaesi act for seeking possession of the mortgaged properties which are in actual possession of the appellant. the learned chief metropolitan magistrate allowed the application filed by .....
Tag this Judgment!Court : Supreme Court of India
..... finding was recorded that the suit is clearly barred by principles of res judicata and by principle of lis pendens laid down in section 52 of the transfer of property act. i would also like to observe that it is settled principle of law that in consonance with the provisions of section 11 of the code of civil procedure, principle of .....
Tag this Judgment!Court : Supreme Court of India
..... , we think at this stage we should refer to certain decisions of this court where mahatma gandhi or gandhian thought have been reflected.76. in kesavananda bharati (supra), s.n. dwivedi, j, has stated that the constitution bears the imprint of the philosophy of our national movement for swaraj. the court also ..... in futility. 23. in reno v. american union of civil liberties[17]., the plaintiffs filed a suit challenging the constitutionality of provisions of communications decency act, 1996 (cda). the central issue pertained to the two statutory provisions enacted to protect minors from indecent and patently offensive communication on the internet. the court ..... sadomasochism and bdsm pornography. the accused in the said case successfully pleaded not guilty. the legal experts of england and wales started opining that the 1959 act had become redundant.17. relying on the aforesaid authorities, it is submitted by mr. subramanium, learned senior counsel appearing for the appellant that hicklin test .....
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