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Dec 15 2014

P.C. Joshi, Indian Citizen, A practicing Advocate and Others Vs. Union ...

Court : Mumbai

Decided on : Dec-15-2014

Subject : Service Tax

by the said Finance Act, 1994, which has subsequently attained constitutional status by virtue of the Constitution (Eighty-eighth Amendment) Act, 2003. ….. 33. Applying the above tests laid down in the afore-stated judgments to the facts of the present … of a general entry and interpretation of a taxing entry in List I and List II of the Seventh Schedule to the Constitution. Therefore, professions will not include services under Entry 60. For the above reasons, we … India reflects the quest and aspiration of the mankind for justice. Its preamble speaks of justice in all forms; social, economic and political. Article 39A … S.C. Dharmadhikari, J. 1. Rule. Respondents waives service. By consent, Rule made returnable forthwith. 2. By

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May 10 2019

b.k. Pavitra Vs. Union of India

Court : Supreme Court of India

Decided on : May-10-2019

Subject : Land Acquisition

Nagaraj was concerned with whether reservation in promotion as inserted in Article 16 (4A) by the Constitution (Seventy- seventh Amendment) Act 1995 and the enabling provision for the grant of consequential seniority under Article 16 (4A) inserted by the … enable the grant of consequential seniority to reserved categories promotees. The significance of the date on which the eighty-fifth amendment came into force - 17 June 1995 - is that it coincides with the coming into force … issued a Government Order57 directing that: ―In the circumstances explained in the preamble, the following instructions are hereby issued subject to the conditions that the … No.10240 of 2017 With Review Petition (c) Diary No.10258 of 2017 With 1 Review Petition (c) Diary No.10859 of 2017 With Review Petition (c) Diary

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Oct 16 2015

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

Decided on : Oct-16-2015

Subject : MRTP

in question, namely, the Representation of the People (Amendment) Act 40 of 2003, indeed violated the “basic structure” of the Constitution. And in so determining, … granted his assent to the same on 31.12.2014, whereupon it came to be enacted as the Constitution (99th Amendment) Act. Section 1(2) thereof provides, that the provisions of the amendment, would come into force from such date as … or more Articles of the Constitution (some times, in conjunction with the preamble of the Constitution). It goes without saying, that for carving out each … or suspending its operation, such modification would not amount to a repeal - (see Craies on statute Law, 7th Edn. pp. 349, 353, 373, 374 and 375; Maxwell's Interpretation of Statutes, 11th Edn. pp. 164, 390 based

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Apr 12 2012

Society for Un Aided Private Schools of Rajasthan. Vs. U.O.i. and Anot ...

Court : Supreme Court of India

Decided on : Apr-12-2012

Subject : Education

Reported in : 2012(3)MLJ993; 2012(3)KantLJ177; 2012(6)SCC1; 2012(2)KCCR50SN; 2012(4)SCJ318; [2012] 2 SCR 715; (2012) 6 SCC 102

of Articles 41, 45 and 46 and, more particularly, from Article 45 (as it then stood before the Constitution (Eighty sixth Amendment) Act, 2002). It has been urged before us that Article 45, as it then stood, imposed … of quality education by providing required infrastructure and compliance of specified norms and standards in the schools. The Preamble states that the 2009 Act stands enacted inter alia to provide for free and compulsory education to all … been spelt out in R. v. Burah [reported in (1878) 5 I.A. 178] which reads as under:"The established Courts of Justice, when a question arises

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Mar 31 2006

State of Maharashtra Vs. Sant Dnyaneshwar Shikshan Shastra Mahavidyala ...

Court : Supreme Court of India

Decided on : Mar-31-2006

Subject : Constitution

Acts : Bombay Public Trusts Act, 1950; Societies Registration Act, 1860; National Council for Teacher Education Act, 1993 - Sections 2, 3(1), 12, 14, 14(1), 14(3), 14(4), 14(6), 15, 15(1), 16, 17, 31, 32, 32(1) and 32(2); Maharashtra Universities Act, 1994 - Sections 82 and 83; Constitution (Eighty-sixth Amendment) Act, 2002; Constitution (42nd Amendment) Act, 1976; University Grants Commission Act, 1956 - Sections 2 and 3; Tamil Nadu Private Colleges (Regulation) Act, 1976; Madras University Act, 1923; All India Council for Technical Education Act, 1987; Tamil Nadu Medical University Act, 1987; Dr. M.G.R. Medical University, Tamil Nadu (Amendment and Validation) Act, 1989; Indian Medical Council Act, 1956 - Sections 10A; Indian Medical Council (Amendment) Act, 1993; Madras Unive

Reported in : 2006(4)BomCR773; JT2006(4)SC201; 2006(3)SCALE675; (2006)9SCC1

exclusive power to make laws with respect to any of the matters enumerated in List I in the Seventh Schedule (in this Constitution referred to as the 'Union List').(2) Notwithstanding anything in clause (3), Parliament and, subject … permissible under the said provision. It is also violative of Article 21A as inserted by the Constitution (Eighty-sixth Amendment) Act, 2002. Over and above constitutional inhibitions, the order dated 28th December, 2004 is arbitrary and unreasonable inasmuch as … education. It came into force with effect from July 1, 1995. The Preamble of the Act is relevant and reads thus:An Act to provide for … by the petitioner to NCTE, Western Region Office, Bhopal on December 31, 2003 in the prescribed format for grant of permission to start B.Ed. college

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Dec 20 2014

Dr. Godwiin Samraj D.P. Vs. Dr. M.Abdul Salam

Court : Kerala

Decided on : Dec-20-2014

Subject : Education

that if the law made by the State by virtue of Entry 11 of List II of the Seventh Schedule to the Constitution makes impossible or difficult the exercise of the legislative power of Parliament under the … Calicut University Act is a State enactment, which is referable to Entry 32 of List II of the Constitution of India, which is to the following effect:"2. Incorporation, regulation and winding up of corporation, other than those … was framed by the Government of Kerala. Chapter 43 was inserted by amendment approved by the Senate on 29.3.99, which was published in Kerala Gazette … it was stated that even as per the University Grant Commission Regulation, 2003 if the Study Centres are to W.P(C) No.9779 of 2014 -:34. :- … Calicut University. It is useful to note the preamble of the Act, which is to the following … MR.JUSTICE A.M.SHAFFIQUE SATURDAY, THE20H DAY OF DECEMBER201429TH AGRAHAYANA, 1936 WP(C).NO. 9779 OF2014(S) --------------------------- PETITIONER(S): -------------- 1. DR.

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Feb 06 2003

The Madras Medical Mission, represented by Its Hon. Secretary, K.V. Ge ...

Court : Chennai

Decided on : Feb-06-2003

Subject : Constitution

Acts : Tamil Nadu Societies Registration Act, 1975; Indian Medical Council Act, 1956 - Sections 10A and 33

Reported in : (2003)3MLJ839

Matched in: Citation (2003)3MLJ839

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