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Judgment Search Results Home > Cases Phrase: pepsu court of wards act 2008 bk Sorted by: old Court: supreme court of india Page 1 of about 156 results (0.074 seconds)

Apr 23 1962 (SC)

Lachhman Das on Behalf of Firm Tilak Ram Ram Bux Vs. State of Punjab a ...

Court : Supreme Court of India

Reported in : AIR1963SC222; [1963]2SCR353

..... said covenant the said rajpramukh issued, in ordinance applying all the laws obtaining in the state of patiala, including the patiala recovery of state dues act, 2002 bk., hereinafter called the act, to the entire state of pepsu. after the enquiry of six months, the rajapramukh issued a second ordinance extending for another six months the laws made applicable to the state of ..... to the appellants therein a large area of land belonging to the bettiah raj which was then under the management of the court of wards; the bihar legislature passed an act declaring that the settlements granted to the appellants shall be null and void and empowering the collector to eject the appellants if they refused to restore the lands. in ..... striking down the impugned enactment patanjali sastri, c.j., observed : 'this is purely a dispute between private parties and a matter for determination by duly constituted courts ..... force the discriminatory procedure cannot be continued. in suraj mall mahta & co. v. a.v. viswanath sastri : [1954]26itr1(sc) , in the context of the same act, viz., act xxx of 1947, this court pointed out that though between the two procedures there was some similarity to be followed for catching evaded income, the overall picture was that there was substantial discrimination .....

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Apr 24 1973 (SC)

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... law is made by the parliament or the state legislatures contravening even the most insignificant provision of the constitution, that law will be void. from that point of view the courts acting under the constitution will have to look upon its provisions with an equal eye. secondly, if an essential provision is amended and a new provision is inserted which, in ..... common assumption of the parties and decided the case accordingly. undesirable as it is that doubtful questions of validity should' go by default, the fact is that, the court usually acts upon the presumption of validity until the law is specifically challenged.775. similar was the view expressed by viscount simonds speaking for the judicial committee in attorney-general of commonwealth ..... power has of course been debated. the law in its generic terms includes a constituent law, namely, the constitution itself made by a constituent assembly-as indicated by the wards "the constitution as by law established", or an amendment made in accordance with the provision contained in the constitution, as well as an ordinary legislative law made by the ..... omnipotence of parliament. when it is claimed that fundamental rights are accorded a "transcendental position" in the constitution, it is seeking to read kant's transcendental idealism into the constitution.2008. this philosophy has entailed the subservience of the directive principles of state policy to the fundamental rights. january 26, 1950 became the great divide : on one side of it .....

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Oct 08 1998 (SC)

Dr. Mukhtiar Chand and ors. Vs. the State of Punjab and ors.

Court : Supreme Court of India

Reported in : 1998VIIAD(SC)457; AIR1999SC468; JT1998(7)SC78; 1998(5)SCALE501; (1998)7SCC579; [1998]Supp2SCR143

..... all the vaids/hakims who had been registered under the east punjab ayurvedic and unani practitioners act, 1949 and the pepsu ayurvedic and unani practitioners act, 2008 bk and the punjab ayurvedic and unani practitioners act, 1963 as persons practising modern system of medicine for purposes of the drugs act. one dr. sarwan singh dardi who was a medical practitioner, registered with the board of ..... state (other than a register for registration of homeopathic practitioner). a notification can be faulted with only if those requirements are not satisfied. the punjab and haryana high court proceeded with an assumed intention of the rule-making authority that it could not be within its conception to bring vaids/hakims, the practitioners of ayurveda (indian system of ..... add mat as a matter of fact many ayurvedic vaids and unani hakims are prescribing allopathic drugs and mat the central government will abide by the decision of this court. here we are constrained to observe mat the stand taken by the central government shows utter bewilderment inasmuch as the authority which framed rule is not interested in supporting ..... .d. thakur, learned senior counsel appearing for the appellants-petitioners in the appeals and special leave petitions, has argued that the grounds on which the punjab & haryana high court dismissed dr. dardi's writ petition are not applicable to the appellants-petitioners and without noticing the difference the division bench denied relief to them so the judgments under appeal .....

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Apr 17 2003 (SC)

Oil and Natural Gas Corporation Ltd. Vs. Saw Pipes Ltd.

Court : Supreme Court of India

Reported in : AIR2003SC2629; 2003(3)ALD82(SC); 2003(2)ARBLR5(SC); (2003)3CompLJ1(SC); [2003(4)JCR148(SC)]; JT2003(4)SC171; 2003(4)SCALE92; (2003)5SCC705; [2003]44SCL89(SC); [2003]3SCR691

..... and any violation of the said provisions would be contrary to the public policy of india as envisaged in section 7(1)(b)(ii) of the act.'18. this court in murlidhar agarwal and anr. v. state of u.p. and ors. : [1975]1scr575 while dealing with the concept of 'public policy' observed ..... with statutes in other countries, though i wish that the indian law had a provision similar to section 68 of the english arbitration act, 1996 which gives power to the court to correct errors of law in the award. i welcome your view on the need for giving the doctrine of 'public policy' ..... in harish chandra bajpai v. trilok singh : [1957]1scr370 , while dealing with sections 90 and 92 of the representation of the people act, 1951 (as it stood), this court observed thus:--'it is then argued that section 92 confers powers on the tribunal in respect of certain matters, while section 90(2) applies ..... is a stipulation in the nature of penalty for forfeiture of an amount deposited pursuant to the terms of contract which expressly provides for forfeiture, the court has jurisdiction to award such sum only as it considers reasonable, but not exceeding the amount specified in the contract as liable to forfeiture.'47. from ..... finality to the award and resolving the dispute by speedier method would be much more frustrated by permitting patently illegal award to operate. patently illegal ward is required to be set at naught, otherwise it would promote injustice.30. therefore, in our view, the phrase 'public policy of india .....

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Apr 19 2007 (SC)

N. Rangachari Vs. Bharat Sanchar Nigam Ltd.

Court : Supreme Court of India

Reported in : AIR2007SC1682; IV(2007)BC516(SC); (2008)1CompLJ124(SC); 2007CriLJ2448; 2007(3)CTC495; JT2007(6)SC292; 2007(2)KLT1030(SC); 2007(4)MhLj375; 2007MPLJ375(SC); 2007(5)SCALE821;

..... the trial. taking the view that the complaint disclosed adequate material for proceeding against the appellant in terms of section 138 read with section 141 of the negotiable instruments act, the high court refused to accede to the prayer of the appellant and dismissed the application filed under section 482 of the code of criminal procedure. challenging the said order of the ..... the other hand, submitted that the complaint contained adequate averments justifying the initiation of prosecution against the appellant for the offence under section 138 of the negotiable instruments act and the high court was right in refusing to quash the complaint under section 482 of the code of criminal procedure leaving it to the appellant to establish his defence at the trial ..... against. the complaint also asserted that all the accused were guilty of the offence in terms of section 138 of the negotiable instruments act and were liable to be punished therefore. 5. the appellant herein moved the high court under section 482 of the code of criminal procedure seeking the quashing of the complaint insofar as it related to him. the ..... a prosecution is sought against a company and its officers, in terms of section 141 of the said act. learned counsel placed considerable reliance on the decision of this court in s.m.s. pharmaceuticals ltd. v. neeta bhalla and anr. : 2005crilj4140 . therein, this court observed:in the present case, we are concerned with criminal, liability on account of dishonour of cheque. .....

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May 15 2007 (SC)

Udai Singh Dagar and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2007SC2599; 2007(6)ALLMR(SC)447; 2007(2)BLJR2218; JT2007(7)SC127; 2007(7)SCALE278; (2007)10SCC306

..... the voids/hakims who had been registered under the east punjab ayurvedic and unani practitioners act, 1949 and the pepsu ayurvedic and unani practitioners act, 2008 bk and the punjab ayurvedic and unani practitioners act, 1963 as persons practising modern system of medicine for purposes of the drugs act. the aforementioned rule defined 'registered medical practitioner'. a medical practitioner who was registered ..... 2scr152 and thyssen stahlunion gmbh v. steel authority of india ltd. : air1999sc3923 ]71. for the reasons aforementioned, we respectfully agree with the view taken by the high court.72. the submission of mr. lalit that parliament while enacting other laws laying down the qualifications for practice in some other profession allowed the practitioners with lesser qualification to ..... of a repealed statute intact or modify or to obliterate them altogether.74. on the touchstone of the principles of law culled out from the judgments of various courts applied to the facts of these cases lead to a definite conclusion that the assistant commissioner (commercial taxes), warangal division was fully justified in initiating and completing ..... already enjoyed is not taken away.55. in delhi pradesh registered medical practitioners v. director of health, delhi admn. services and ors. : (1997)11scc687 , this court rejected a similar contention to the effect that only because the practitioners got their names registered in the discipline of ayurveda, they would have a right to practice in such .....

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Jan 10 2008 (SC)

Venture Global Engineering Vs. Satyam Computer Services Ltd. and anr.

Court : Supreme Court of India

Reported in : AIR2008SC1061; 2008(2)ALD46(SC); 2008(3)ALLMR(SC)416; 2008(1)ARBLR137(SC); 2008BusLR102(SC); (2008)1CompLJ224(SC); 2008(1)CTC348; JT2008(1)SC468; 2008(4)MhLj579; (2008)2MLJ; 2008AIRSCW667; 2008(2)ICC693; 2008(1)SCALE214

..... i, which is contrary to or excluded by that law or rules will not apply.35. lastly, it must be stated that the said act does not appear to be a well-drafted legislation. therefore the high courts of orissa, bombay, madras, delhi and calcutta cannot be faulted for interpreting it in the manner indicated above. however, in our view a proper ..... learned senior counsel appearing for the appellant has raised the following contentions:(i) the claim that part i of the arbitration and conciliation act, 1996 (in short 'the act') applies to foreign awards is covered by the judgment of this court in bhatia international v. bulk trading s.a. and anr. : [2002]2scr411 .ii) the first respondent - satyam computer services ltd. could not ..... the parties that cannot be resolved via negotiations shall be submitted for final, binding arbitration to the london court of arbitration.(c) notwithstanding anything to the contrary in this agreement, the shareholders shall at all times act in accordance with the companies act and other applicable acts/rules being in force, in india at any time.it was pointed out that the non-obstante ..... a challenge to the award. he also relied on a decision of the division bench of the calcutta high court in pratabmull rameshwar v. k.c. sethia ltd. : air1960cal702 . in paragraphs 45 and 63, the calcutta high court while dealing with arbitration act of 1940 sets out the reasoning in support of a challenge being permissible in india to a foreign award.14 .....

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Jan 16 2008 (SC)

Samira Kohli Vs. Dr. Prabha Manchanda and anr.

Court : Supreme Court of India

Reported in : 2008ACJ747; AIR2008SC1385; 2008(2)ALD69(SC); 2008(56)BLJR790; 2008(5)BomCR373; (2008)1CompLJ185(SC); I(2008)CPJ56(SC); 2008(1)CTC392; JT2008(1)SC399; (2008)2MLJ662(SC); 2008AIRSCW855; 2008SC1385; 2008(2)SCC1; 2008ACJ747; 2008(1)ICC705; 2008(1)SCALE442; 2008(1)LH(SC)337.

..... battery was brought on the ground that the consent was for a hernia operation and removal of testicle was not consent. the claim was dismissed. the court was of the view that the doctor can act without the consent of the patient where it is necessary to save the life or preserve the health of the patient. thus, the principle of necessity ..... her about the said risk and that had she known the true position, she would not have accepted the treatment. the trial judge and court of appeal applied the bolam test and concluded that the defendant had acted in accordance with a practice accepted as proper by a responsible body of medical opinion, in not informing the plaintiff of the risk of ..... may differ with regard to the course of action to be taken by a doctor treating a patient, but as long as a doctor acts in a manner which is acceptable to the medical profession and the court finds that he has attended on the patient with due care skill and diligence and if the patient still does not survive or suffers ..... to hold the doctor to be guilty of negligence.... in cases where the doctors act carelessly and in a manner which is not expected of a medical practitioner, then in such a case an action in torts would be maintainable.in vinitha ashok v. lakshmi hospital : air2001sc3914 , this court after referring to bolam, sidaway and achutrao, clarified:a doctor will be liable .....

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Feb 20 2008 (FN)

Riegel Vs. Medtronic, Inc.

Court : US Supreme Court

..... j., filed an opinion concurring in part and concurring in the judgment. ginsburg, j., filed a dissenting opinion. riegel v. medtronic, inc. - 06-179 (2008) opinion of the court riegel v. medtronic, inc. 552 u. s. ____ (2008) supreme court of the united states no. 06-179 donna s. riegel, individually and as administra- tor of the estate of charles r. riegel, petitioner v ..... of charles r. riegel, petitioner v. medtronic, inc. on writ of certiorari to the united states court of appeals for the second circuit [february 20, 2008] justice ginsburg, dissenting. the medical device amendments of 1976 (mda or act), 90 stat. 539, as construed by the court, cut deeply into a domain historically occupied by state law. the mda s preemption clause, 21 u ..... . s. c. 360k(a), the court holds, spares medical device manufacturers from personal injury claims alleging flaws in ..... 20, 2008] justice scalia delivered the opinion of the court. we consider whether the pre-emption clause enacted in the medical device amendments of 1976, 21 u. s. c. 360k, bars common-law claims challenging the safety and effectiveness of a medical device given premarket approval by the food and drug administration (fda). i a the federal food, drug, and cosmetic act ( .....

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Feb 21 2008 (SC)

Som Mittal Vs. Government of Karnataka

Court : Supreme Court of India

Reported in : 2008AIRSCW1640; AIR2008SC1528; 2008(56)BLJR979; 2008CriLJ1927; JT2008(3)SC52; 2008(3)KLT219(SC); 2008(I)OLR(SC)605; 2008(2)SCALE717; (2008)3SCC574; 2008(1)LC330(SC); 2008(1)Crimes363; 2008(3)AIRKarR139;

..... but altered the offence in respect of which cognizance was taken as one under section 30(1) read with section 25 of the said act. the said order of the high court was challenged by the appellant in this appeal. 2. the appeal was heard by a bench consisting of h.k.sema and markandey ..... under section 482 cr.p.c. depends on the facts and circumstances of each case. the scope and ambit of the power under section 482 has been explained by this court in a series of decisions -- r.p. kapur v. state of punjab : 1960crilj1239 , state of uttar pradesh v. r.k. srivastava : 1989crilj2301 ; state of ..... code of criminal procedure is not the rule but it is an exception. the exception is applied only when it brought to the notice of the court that grave miscarriage of justice would be committed if the trial is allowed to proceed where the accused would be harassed unnecessarily if the trial is ..... oudh bar association forthwith. he also referred to the prevailing practice of police arresting those suspected of involvement in a crime and the directions issued by this court in joginder kumar v. state of u.p. : 1994crilj1981 in regard to the procedure to be followed when arresting a person, and directed that ..... katju, jj. by the main judgment dated 29.1.2008 sema, j. dismissed the appeal, making it clear that the court was not expressing any opinion on the merits of the case and the learned magistrate shall decide the maintainability of the complaint .....

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