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...the plaintiffs and against the defendants to the effect that since the plaintiff Society is a charitable education institution and the land in dispute is a wakf property or in the nature of wakf...impugned notifications, acquisition notices and the proceedings consequent thereon are void ab initio, without jurisdiction, discriminatory, arbitrary, vague, indefinite, ultra vires, against the...the pleadings and documents produced by the parties, the learned Single Judge dismissed the suit. Appellant 2, Shri Ram Kanwar Gupta joined Appellant 1 in filing appeal against the judgment of the...
...afforded to him of making a representation against the order, but the important right to consult and to be defended by a legal practitioner of his choice is gone. Similarly, the prohibition against...soon as may be, communicate to such person the grounds on which the order has been made and shall afford him the earliest opportunity of making a representation against the order...on which the order has been made and shall afford him the earliest opportunity of making a representation against the order. This clause is of general operation in respect of every detention order...
...that homosexuality is against the order of nature and Section 377 rightly forbids it. Prohibition against carnal intercourse involving penetration into non-sexual parts of the body does not...conducive for the growth of a civilized society, such inordinate gratification needs to be curbed and, thus, prohibition against carnal intercourse as defined in Section 377 IPC does not violate the...was dealing with carnal intercourse against the order of nature when the material on record showed that the accused Nos. 2 and 3 used to have sex and fellatio with PWs 1 and 4. The Court opined that the...
...would be against the legislative intention of limited lapsing. Further, the said interpretation would be against the purport of the possession and the title “being vested” in the acquiring authority by...Arun Mishra, J.— The correct interpretation of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013...gone into.”5. Questions 1 to 3 are interconnected and concern the correct interpretation of Section 24(2) of the 2013 Act. The following questions are...
...issued a writ of mandamus and prohibition as prayed for in that writ petition. The Life Insurance Corporation preferred a Letters Patent Appeal against the judgment of the learned Single Judge but in...(Staff) Regulations, 1960 defining the terms and conditions of service of its employees. There is only one Regulation which is material for our purposes and that is Regulation 58 which is in the...the existing provisions until further instructions”. The All-India Insurance Employees' Association protested against this stand taken by the Life Insurance Corporation and pointed out that the Life...
...defined by the regulating State law would not get the protection of the First Amendment. However, in contrast there is complete prohibition in producing, distribution and sale of sexually explicit material...to orders passed by a duly authorised government agency or a court. Indeed, the petitioners submit that on a correct interpretation of the relevant provisions, the IT Act envisages full protection and...required to take down material within 36 hours, but is also prevented from putting back information. This is because unlike Sections 52(1)(b) and (c) of the Copyright Act, 1957 which permits restoration of...
...no more an interference with trade than is the law against larceny. Free trade does not require that one man should be allowed to appropriate without payment the fruits of another's labour, whether....“In such cases the courts have looked to see whether the compilation of the unoriginal material called for work or skill or expense. If it did, it is entitled to be considered original ...is, under Article 129 of the Constitution.2.9 Addition of additional matter or mixing of copied and original material by the defendant does not absolve him from liability...
...or strength.(f) that childhood and youth are protected against exploitation and against moral and material abandonment...thus at p. 219:“In my opinion, on the true interpretation of the power before us, upon a consideration of express prohibition, limitations and requirements of...and inherent limitations cannot be allowed to act as a boa constrictor to the clear and unambiguous power of amendment.902. If there is no express prohibition against...
...against the legislative intention of limited lapsing. Further, the said interpretation would be against the purport of the possession and the title “being vested” in the acquiring authority by virtue of...Arun Mishra, J.:— The correct interpretation of Section 24 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013...Section 114 (of the Act of 2013) and Section 6 of the 1897 Act clearly point to a narrow interpretation of Section 24 with the object of saving on-going acquisition proceedings as far as possible...
...Dalveer Bhandari, J.— These appeals have been filed by the State of Uttaranchal (now Uttarakhand) against the orders dated 12-7-2001 and 1-8-2001 passed by the Division Bench...follows:“10. … Public interest law is the name that has recently been given to efforts providing legal representation to previously unrepresented groups and...against humiliation and torture. The Court gave necessary directions by relaxing the strict rule of locus standi.50. In Municipal Council, Ratlam v...
...of interpretation of statute. Further when there is no prohibition under the Act the Registering Officer has to register the documents presented for registration in accordance with law and this Court...conferred on the Registering Officers and by judicial interpretation such power cannot be conferred on the Registering Officers. It is lastly contended that when the Legislature has employed plain...Act are relevant and read as under.
31. When cancellation may be ordered:
(1) Any person against whom a written instrument is void or voidable, and who has reasonable...
...should be in a position and be entitled to ask for the said information. Section 22 of the RTI Act, an overriding provision, does not militate against the interpretation as there is no contradiction...(appellant in Civil Appeal Nos. 10044 and 10045 of 2010), and Secretary General, Supreme Court of India (appellant in Civil Appeal No. 2683 of 2010), against the common respondent - Subhash Chandra...had thereafter vide order dated 07th February, 2008 held that the applicant should approach the CPIO of the High Courts and filing of the application before the CPIO of the Supreme Court was against...
...over to Bhopal and obtained powers of attorney to bring actions against UCC and UCIL. Some suits were also filed before the District Court of Bhopal by individual claimants against UCC (the American...courts of India and shall continue to waive defenses based on the statute of limitation;(2) That UCC shall agree to satisfy any judgment rendered by an Indian court against...and the same was heard. On or about February 4, 1988, the Chief Judicial Magistrate of Bhopal ordered notice for warrant on Union Carbide, Hong Kong for the criminal case filed by CBI against Union...
...disclose the grounds, material or information since they are deemed to refer to matters of State and against the public interest to disclose. In view of this cast-iron prohibition, it is difficult to see how...detaining authority is bound by Section 16-A(9) and forbidden absolutely from disclosing such material no question can arise for adverse inference against the authority. If a detenu makes out a prima facie...16-A(9) and forbidden absolutely from disclosing such material no question can arise for adverse inference against the authority. If a detenu makes out a prime facie case and the court calls for a...
...., Mukherjea, J., and S.R. Das, J., seemed to place a narrow interpretation on the words “personal liberty” so as to confine the protection of Article 21 to freedom of the person against unlawful...Part III, it is possible for a criminal to argue that their biometric and genetic material is private to them and using the same in criminal investigation against them would amount to violation of right...; it is expected to give him rest, physical happiness, peace of mind and security. In the last resort, a person's house where he lives with his family, is his “castle”: it is rampart against encroachment...
...legislative action to the exclusion of the High Courts and the Supreme Court, there is no constitutional prohibition against their performing a supplemental — as opposed to a substitutional — role in...) Act, 1980 (Act 44 of 1980)], (c) against an order passed by the Board or the Appellate Collector of Central Excise under Section 35 (as it stood before 21-8-1980), and (d) against an order passed by..., including writs in the nature of habeas corpus, mandamus, prohibition, quo warranto and certiorari, or any of them, for the enforcement of any of the rights conferred by Part III and for any other...
...Carbide shall agree to satisfy any judgment rendered against it in an Indian court, and if appealable, upheld by any appellate court in that country, whether such judgment and affirmance comport with...condition and in respect of the second one stated:“In requiring that UCC consent to enforceability of an Indian judgment against it, the District Court proceeded at least in...Court so as to fully, fairly and finally compensate all persons and authorities who had suffered as a result of the disaster and were having claims against the UCC. It also asked for a decree for...
...behalf removes earth, sand and other material from, or makes any encroachment in or upon an open site which is not private property, shall, on conviction, be punished with fine which may extend to fifty.... 10. Section 180 of the said Act deals with the bar of action against Panchayats, etc., and previous notice before institution. The said provision is reproduced below...Panchayats, etc., and previous notice before institution. (1) No action shall lie against any member, officer, servant or agent of a Panchayat acting under its direction, in respect of anything in...
...Final Award' relating to who was in material breach, would be decided against him. Despite this, the learned arbitrator dispassionately considered every single claim and counter-claim made by the...accord with the interpretation so given. He also stated that the arbitrator considered material breach with an even hand and arrived at the obvious conclusion on facts that since the CEO was never...obligations, B's action against A and its claims for remedies in the Arbitration will fail, if the Limitation Defence succeeds. The Limitation Defence is a material point and issue which could have rendered...
.... 82. Having examined the objection against simultaneous voting with reference to the material on record and the law applicable, we are unable to find any...06.08.2020. 4.9. On 06.08.2020, it was urged before us that several appeals against the said order dated 03.03.2020 were pending before NCLAT; and the parties agreed that those appeals may be.... category is of the parties who stand for the resolution plan, as approved by the CoC but who state grievance against a few parts of the aforesaid orders dated 03.03.2020 and 22.04.2020, insofar as...