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In Re: the Special Courts Bill, 1978

Court : Supreme Court of India

Reported in : AIR1979SC478; (1979)1SCC380; [1979]2SCR476

..... thirty-ninth amendment) acts, 1975; the maintenance of internal security (amendment) act, 1976; the maintenance of internal security (second amendment) act, 1976; the press counsil (repeal) act, 1976; the prevention of publication of objectionable matter act, 1976; parliamentary proceedings (protection of publication) repeal act, 1976; the constitution (forty-second amendment) act, 1976; the representation of the people (amendment) ordinance, 1977; the disputed elections (prime minister and speaker) ordinance, 1977; and, the presidential ..... argument runs thus:(a) articles 124 to 147 which occur in chapter iv, part v of the constitution, called 'the union judiciary' contain an exhaustive enumeration of the class of matters over which the supreme court possesses or may be empowered to ..... dispose of the preliminary objection before taking up the other ..... court relied on what was described as 'well known' that during the post-war period, several undertakings which were established for distribution and control of essential supplies gave special opportunities to unscrupulous persons in public services, who were put in charge of such undertakings, to enrich themselves by corrupt practices. ..... somehow, a few manage to be above the law and ..... this takes us to two telling aspects which deserve careful examination, what are the special factors relied on for classification and what is the legislative goal and then-that gut issue-what is the correlation between the two the integral yoga of means and ends .....

Madan Malji Kambli and Others Vs. State of Goa, Through Its Chief Secr ...

Court : Mumbai Goa

..... 105} the airport authority of india act, 1994 is an act to provide for the constitution of the airports authority of india and for the transfer and vesting of the undertakings of the international airports authority of india and the national airports authority to and in the airports authority of india so constituted for the better administration and cohesive management of airports and civil enclaves whereat air transport services are operated or are intended to be operated and of all aeronautical ..... same, according to the respondent nos.1 and 4, the acquisition cannot be said to be exclusively for the purpose of union but it is for the benefit of the citizens in the affected area and it is the obligation of the state to take all necessary steps for a healthy life to its citizens and hence the acquisition being also for the other purpose, it would fall in the category of acquisition for any other purposes, as specified in section 3(ee) of the ..... is no compliance with this mandatory requirement, then, the preliminary notification under section 4(1) of the l.a act, cannot be said to be validly published. ..... it may be seen that when the functions of the union in respect of matters over which it has power to legislate can be entrusted to the state government or its officers with the consent of the state government under article 258(1) and can be entrusted to it or its officers without its consent by a law ..... chapter i therein is entitled legislative ..... adbul razak sahib); (1977) 1 scc 133 ( .....

Hsbc Pi Holdings (Mauritius) Limited Vs. Avitel Post Studioz Limited a ...

Court : Mumbai

..... pursuant to various interim orders passed by this court from time to time, respondent no.1 has been allowed to withdraw various amounts from the corporation bank subject to their furnishing accounts and subject to their undertaking that they would bring back the amount withdrawn in the event this court directs them to do so. ..... in my view even if there are any such allegations made by a party, arbitral tribunal is empowered to take assistance of the court under section 27 of the arbitration and conciliation act, 1996 and thus merely because some allegations or fraud or mal-practices made by any party, court cannot simply refuse to refer such matter to ..... on 12th-15th april, 2012, eandy's and kpmg dubai's submitted a report giving preliminary findings which supported the concerns raised by pwc and showed that there were real concerns over the legitimacy of the avitel group's business. ..... on 10th january, 2011 respondent no.3 sent an e-mail to heath zarin, managing director, head of principal investments, asia-pacific, director avitel india, director avitel mauritius, stating that as far as bbc mou and e-mail correspondence, he had asked his dubai office to scan and email it to him so that when he meets the managing director of hsbc, he could show it to him on hard copy. ..... the law and practice of commercial arbitration in england, second edition by mustill and boyd, there is a chapter on "the applicable law and the jurisdiction of the court". ..... company of india reported in 1977 (80) bom.l.r. .....

Teerthanker Mahaveer Institute of Management Vs. Union of India and or ...

Court : Delhi

..... place. it cannot be overlooked that for increase of seats as well, the council has to ascertain whether such medical college is fully equipped to undertake such an increase in terms of laid down regulations or not and, therefore, the parameters either at the stage of opening of a new medical college or at the ..... of the provisions of section 10a read with regulations shows that it is mandatory on the part of the institution or management desirous of increasing its admission capacity in any course of study to submit a scheme complying with the provisions of ..... any of the provisions of the regulations and have proceeded with their case taking these regulations and the scheme of the act as the same exists but advancing an interpretation different from the ..... . this letter of intent will also include a clear cut statement of preliminary requirements to be met in respect of buildings, infrastructural facilities, ..... council. respondents have not produced any document to show that increase in admission capacity to medical colleges over that fixed by the medical council has any relation to the existence of relevant infrastructure in their respective colleges and ..... colleges. sub-section (10) of section 53, falling in chapter ix of this act, provides for maximum number of students to be admitted to course for studies in a ..... same. regulations under section 33 of the medical council act, which were made in 1977, prescribe the accommodation in the college and its associated teaching hospitals and .....

M/s. Karnataka Emta Coal Mines Ltd. Vs. Central Bureau Of Investigatio ...

Court : Supreme Court of India

..... (technical) kpcl, and former director kecml functioniaries of kecml a-6 ujjal kumar upadhyay, chairman and md emta coal ltd and managing director of kecml a-7 bikash mukherjee, director emta and former director of kecml a-8 bishwanath dutta, director emta and director ..... stage of committal or even at the stage of framing of charges, which are all stages that are prior to commencement of the actual 94 (1977) 2 scc699page 86 of 101 criminal appeal no.1659-1660 of 2024 trial, the test to be applied is that the court must be fully ..... been urged that none of the clauses in the fsa have stated that kpcl would purchase or claim rights over the rejects and that kecml was to ensure that shales/stones are page 34 of 101 criminal appeal ..... generating power through its various thermal, hydel, wind power stations and is taking up a new thermal power plant named as bellary thermal power 20 for short mmdr act 21 for short fsa page 13 of 101 criminal appeal no.1659-1660 of ..... 2024 7.3 in the course of the proceedings in the aforesaid matter, the respondent cbi registered a preliminary inquiry to investigate the irregularities in allocation of coal blocks under the government dispensation route and ..... shall at their own cost and expense observe, undertake, comply with and perform in addition to and ..... of residuary powers unfettered by any statute or any provisions of chapter iv of part v of the constitution 97 (2012) 12 scc291page 89 of 101 criminal appeal no.1659 ..... act, the earlier order of 1936 was .....

Common Cause (A Regd. Society) Vs. Union of India

Court : Supreme Court of India

..... the decision if the person had capacity; and the other factors that he or she would be likely to consider if able to do so; and 172 section 4, mental capacity act 2005 116 part j taking into consideration, if it is practicable and appropriate to consult them, the views of anyone named by the person as someone to be consulted on the matter in question ..... individual does possess such a right, does a right inhere in the individual to determine what course of action should be followed in the future if she or he were to lose control over the faculties which enable them to accept or refuse medical treatment; (iii) does the existence of a right in the individual impose a corresponding duty on a medical professional who attends ..... clearly held that when a man commits suicide, he has to undertake certain positive overt acts and the genesis of those acts cannot be tested to or be 50 included within the protection ..... shanbaug in kem hospital including the management, such act/omissions will lead to disheartenment ..... . in order to be able to access medical aid in dying under the quebec act, a patient must:- (1) be an insured person within the meaning of the health insurance act (chapter a-29); (2) be of full age and capable of giving consent to care; (3) be at the end of life; (4) suffer from a serious ..... . 71) with these preliminary remarks we return to the doctrine of dignity as an aspect of ..... west 24 (1977) 373 mass ..... mortal coil(body) through the process of higher spiritual practices called yoga .....

Malaisie Versus Singapour

Court : International Court of Justice ICJ

..... notices to mariners, regulation of activities associated with the lighthouse, adding additional structures and facilities, permission to undertake scientific and technical surveys, control of access to lighthouses and their associated facilities, and the flying ..... february 1847 the court of directors informed the indian government of its approval, and on 10 may 1847 the government of india requested governor butterworth to take measures for the construction of a lighthouse on pedra branca/pulau batu puteh according to the plan and estimates submitted with the letter of 28 november 1844 ..... act 1852 (india), the light dues act 1854 (india) which replaced that of 1852, the light-houses ordinance 1912 (straits settlements) which repealed the 1854 act and an amendment to it, the light dues ordinance 1957 (singapore) establishing the singapore light dues board and the light dues repeal act 1973 which transferred the assets, liabilities and employees of the board to the port of singapore authority and ..... accepts that the management of the lighthouse and the status of the territory on which it is built can be different, but the author of the singapore letter was making a comparison in which he acknowledges johors sovereignty over pulau pisang but not over pedra ..... ..... et de singapour adopt e en 1971 par lindon sie, la malaisie et singapour, ainsi que le nouveau dispositif de navigation adopt en 1977 par lassembl e de lorganisation intergouvernementale consultative de la navigation .....

Navtej Singh Johar Vs. Union of India Ministry of Law and Justice Secr ...

Court : Supreme Court of India

..... rights; (b) amend any legislation, including criminal law, to ensure its consistency with the universal enjoyment of all human rights; (c) undertake programmes of education and full awareness to promote and enhance the the principles of legislation and ensure 80 to equality and the ..... article 17 (abolition of untouchability), article 21a (right to education), article 25 (freedom of conscience and free profession, practice and propagation of religion), article 26 (freedom to manage religious affairs), article 29 (protection of interest of minorities), article 30 (right of minorities to establish and administer educational institutions) are aimed at creating an inclusive society ..... in the uk for homosexuality between men.336 among those prosecuted for gross indecency under the buggery act of 1553 and sexual offences act of 1967 were eminent persons like oscar wilde, alan turing and lord montagu of beaulieu ..... take all necessary legislative, administrative and other measures to ensure the right of each person, regardless of sexual orientation or gender identity, to enjoy the private sphere, intimate decisions, and human including consensual sexual activity among persons who are over the age of consent, without arbitrary interference; (b) repeal all laws that criminalise consensual sexual activity among persons of the same-sex who are ..... the ..... workers and the texas chapter of the ..... of the iccpr, which india ratified on 11 december 1977, provides that: part i the obligations imposed .....

In Re: Advance Ruling P. No. 10 of

Court : Authority for Advance Rulings

Reported in : (1997)224ITR473AAR

..... the management, policies and operations of the fund shall be the exclusive responsibility of the investment manager acting pursuant to and in accordance with the investment management agreement(s), (hereinafter referred to as 'agreements') and all decisions relating to the fund, including, without limitation, the acquisition, management and disposition of portfolio investments, shall be made solely by the board of directors of the manager acting pursuant to and in accordance with the ..... by their letter dated june 27, 1996, have proceeded to give the following undertaking : "during the hearing of the captioned company (hereinafter referred to as 'the company') certain concerns were raised as to whether the company would undertake activities that would result in its being construed to have a permanent establishment in ..... will the income of the trust distributable to the beneficiaries, including the ic, be correspondingly reduced but if the income-tax is, for some reason, not paid by, or recoverable from, the trust, the department can take recourse against the beneficiaries (including the ic) in respect of the higher tax charged on the trustee from the distributions received by them. ..... discuss these provisions, it is necessary to deal with two preliminary objections to the maintainability of the application by the ic. ..... so because chapter xii contains provisions for certain special cases and will prevail over the general rates ..... family (remainder wealth) trust, [1977] 108 itr 555; cit v. .....

Mineral Area Development Authority Etc. Vs. M/s Steel Authority Of Ind ...

Court : Supreme Court of India

..... all power stations, transformer sub-substations, convertor stations, rectifier stations and accumulator, storage stations for supplying electricity or mainly for the purpose of working the mine or a number of mines under the same management; (x) any premises for the time being used for depositing sand or other material for use in a mine or for depositing refuse from a mine or in which any operations in connection with such sand, ..... under the mmdr act, a prospecting licence is granted for the purpose of undertaking prospecting operations.117 prospecting operations are defined to mean any operations undertaken for the purpose of exploring, locating, or proving a mineral deposit.118 chapter iii of the mineral concession rules 1960 113 ..... grant of mineral rights must be taken to carry as incident to it the power not only to go upon the land and work the minerals known to be underground but to go to the land and conduct the ordinary preliminary operations by boring or otherwise to ascertain (when it is not known) if there are minerals underground ..... . if, for instance, section 9 of the mmdr act, 1957 is repealed and the parliament leaves it to the wisdom of state legislatures to impose royalty, then, there cannot be a duplication of taxes on mineral bearing land: one under entry 49 - list ii and another under ..... . we will take up the regulatory power of the states over mines and mineral development under ..... and buildings, hearths and windows 329 (1977) 1 scc340330 chanan mal (supra) .....