Court : Supreme Court of India
..... but it is not essential for a finding of unconscionability. such a requirement improperly emphasizes the state of mind of the stronger party, rather than the protection of the more vulnerable. this court's decisions leave no doubt that unconscionability focuses on the latter purpose. parties cannot expect courts to enforce improvident bargains ..... j.a.; downer v. pitcher, 2017 nlca13:409. dlr542(4th), at para. 20; input capital corp. v. gustafson, 2019 skca78:438. dlr387(4th); cain v. clarica life insurance co., 2005 abca437:263. dlr368(4th); titus v. william f. cooke enterprises inc., 2007 onca573:284. dlr734(4th); birch v. union of taxation employees, local 70030 ..... 74. in perkins eastman (supra), this court held as under: this application under section 11(6) read with section 11(12)(a) of the arbitration and conciliation act, 1996 ( the act ) and under the appointment of arbitrators by the chief justice of india scheme, 1996 ( the scheme ) prays for the following principal relief:45. (a) .....
Tag this Judgment!Court : Supreme Court of India
..... entitled to bail. nevertheless, for the purpose of record, we will delineate some of them: (a) what is the scope and ambit of the constitutional protection under articles 74 and 163 of the constitution of india on the decisions taken by the council of ministers?. (b) whether on interpretation of section 3 of ..... court while highlighting the evil of economic offences like money laundering, and its adverse impact on the society and citizens, observed that arrest infringes the fundamental right to life. 49 in p. chidambaram v. central bureau of investigation, (2020) 13 scc337 the appellant therein was granted bail after being kept in custody for around 62 days ..... may pertain to an economic offence, yet it may not be proper to equate these cases with those punishable with death, imprisonment for life, ten years or more like offences under the narcotic drugs and psychotropic substances act, 1985, murder, cases of rape, dacoity, kidnaping for ransom, criminal appeal a/o. of slp (crl.) no.8167 of .....
Tag this Judgment!Court : Supreme Court of India
..... facts 2. the environment and forest department of the government of tamil nadu issued the government order in question, in exercise of its power under section 5 of the environment protection act, 1986 ( epa ) on 25.06.2018 and it was to take 1 judgment dated 11.07.2019 in wp no.3984/2019. 2 g.o.ms no.84 ..... rainfall and can degrade within even 100 days. even the test report issued by cipet, it was argued, has proved that non-woven carry bags are 100% eco-friendly. the life cycle assessment study done by the central 13 (2004) 12 scc118 14 non-woven fabrics have numerous applications medical (surgical gown, face mask, shoe covers, caps, etc.), filters ..... to the concept of micro plastics, they should also impose ban on other products (toothpaste, cosmetic items such as face wash, scrubs etc.), which directly affect the marine life. however, those products are not banned by the government but it had chosen to ban only the non-woven carry bags and therefore, the impugned order is vitiated on .....
Tag this Judgment!Court : Supreme Court of India
..... analogous.39. however, the said finding in cotspun s case would not merit acceptance for the simple reason that the amendment to section 11a of ce act, brought by act 10 of 2000, would clearly take within its sweep, that even if there is non-levy or non-payment, short levy or short payment, or ..... particulars / meaning no.abbreviation 1. bis bureau of indian standards 2. cbic central board of indirect taxes and customs 3. ceta central excise tariff act, 1985 7 4. ce act central excise act, 1944 5. cet sh central excise tariff sub-heading 6. cestat customs, excise and service tax appellate tribunal 7. ctpm chewing tobacco and unmanufactured ..... 12. zst zarda/jarda scented tobacco 7. the learned advocates appearing for the parties have placed reliance and referred to various statutory provisions, relevant chapters of ce act, ceta, ce rules, ctpm rules, and various relevant notifications/circulars issued from time to time by the respective departments/ministry. for clarity and ease of reference .....
Tag this Judgment!Court : Supreme Court of India
..... as well as the conditions subsequent to promulgation are both part of a composite scheme. both sets of conditions have to be fulfilled for an ordinance to have the protection of the 'same force and effect' clause. once the deeming fiction operates, its consequence is that during its tenure, an ordinance shall operate in the same manner ..... finality before such amendment was brought into force.66. section 19 cannot be applied to save the impugned section 84a of the gujarat vat act since section 19 of the caa had a limited shelf life for 1 year from 16.9.2016 or till the date of implementation or the gst regime i.e. 1.7.2017 whichever is ..... of the reassembling of the legislature, an ordinance "shall cease to operate". in other words, when the session of the legislature reconvenes, the ordinance promulgated has a shelf life which expires six weeks after the legislature has assembled. thereupon, it ceases to operate. the larger bench then proceeded to examine the need to lay the ordinance before the .....
Tag this Judgment!Court : Supreme Court of India
..... two years of the cause of action. moreover, it was argued by the counsel for the trust that even if it was an illegal encroachment, jurisdiction under consumer protection act,1986 could not be invoked. rejecting the arguments of the counsel for the trust, the supreme court made the following pertinent observations: 5. it is a matter ..... purchased page 27 of 40 through two registered sale deeds. such a relief could not possibly be granted by the forums empowered under the tenancy act,1955 which primarily deals with tenancy rights and their protection. therefore, the jurisdiction of the civil court is not ousted by section 207 or section 208 of the tenancy ..... act,1955 and the contrary submission made by the appellant has to be rejected. therefore, evaluation of the scheme of the act would lead us to the conclusion that .....
Tag this Judgment!Court : Supreme Court of India
..... on the rights of children 1989. 49 adoption regulations 50 jj act 40 part b32 ms. arundhati katju, learned counsel, made the following submissions: a. article 21 protects the right to found a family and the right to a meaningful family life for all persons including lgbtq persons. the law defines family and ..... transgender persons in all arenas of life, section 8, properly understood, tasks the appropriate government with ensuring that section 3 is 244 section 3(f), transgender persons act 194 part d complied with by all whom it governs. rule 10(4) of the transgender persons (protection of rights) rules 2020245 provides that ..... free universal education under article 21a of the constitution, and the right to free education act, 2009; the child labour (prohibition and regulation) act, 1986; protection of children from sexual offences act, 2012, the juvenile justice (care and protection) act 2016 (hereafter, jj act ), etc. in all these, the parliament or the concerned legislatures donned the role .....
Tag this Judgment!Court : Supreme Court of India
..... by the appellant and proforma respondent no.3 under section 2 (c)(iii) of the consumer protection act, 19862 was rejected. 1 (for short, the commission ) 2 (for short, the act ) 2 2. the complainant-appellant is the wife of the deceased patient namely, sankar rajan3 ..... hospital and the doctor cannot be blamed as they provided the requisite care at all given times. no doctor can assure life to his patient but can only attempt to treat his patient to the best of his ability which was being done in ..... heart attack around 11.00 p.m. the deceased was declared brain dead on 31.10.1998. he was kept on life support till his death on 06.11.1998.4. the grievance of complainant-appellant is that the deceased was not attended to ..... of the ordinary competent medical practitioner exercising an ordinary degree of professional skill. the fact that the respondent charged with negligence acted in accordance with the general and approved practice is enough to clear him of the charge. two things are pertinent to be .....
Tag this Judgment!Court : Supreme Court of India
..... and (m) of sub section (2) of section 376 of the indian penal code, 1860 (for short, ipc ) read with sections 3 and 4 of the protection of children from sexual offences act, 2012 (for short, pocso ). the respondent accused was also convicted for the offences punishable under section 8 (punishment for sexual assault) and section 10 (punishment for ..... the monetary compensation is not enough. only the payment of compensation will not amount to rehabilitation in a true sense. perhaps the rehabilitation of the girl victims in life should be part of the beti bachao beti padhao campaign of the central government. as a welfare state, it will be the duty of the government to do ..... by a trained child counsellor or child psychologist. it will help the victim children to come out of the trauma, which will enable them to lead a better life in future. the state needs to ensure that the children who are the victims of the offence continue with their education. the social environment around the victim child .....
Tag this Judgment!Court : Supreme Court of India
..... streets and places is undertaken by the corporation. (e) a general fire tax, for the conduct and management of the fire service and for the protection of life and property in the case of fire. (f) a local body tax on the entry of such goods as may be declared by the state ..... distribution of printed notices, broadcasting, etc.2) the business that specializes in creating such publicity,3) advertisements collectively; publicity. (e) the chambers dictionary advertisement - the act of advertising; a public notice with the purpose of informing and/or changing public attitudes and behavior; a short performance recorded for radio, t.v. etc. to ..... no.5761 of 2018) would also contend the indore municipal corporation (advertisement, bye-laws) framed by virtue of the powers conferred under indore municipal corporation act, 1956 would mandate the imposition of advertisement tax to the premises situated within the territorial limits of indore municipal corporation and the business premises of the appellant .....
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