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Association of Resident of Mhow (Rom) and anr. Vs. the Delimitation Co ...

Court : Supreme Court of India

Subject : Civil

Acts : Delimitation Act, 1972; Delimitation Act, 2002 - Sections 2, 3, 8, 9, 9(1), 9(2), 10(1), 10(2), 10(4), 11F and 12BB; Government of Union Territories Act, 1963 - Sections 3, 4 and 39; Constitution (Eighty-fourth Amendment) Act, 2001; Constitution (Eighty-seventh Amendment) Act, 2003; Panchayat Raj Act, 1947; Delimitation Act, 1950 - Sections 9; Delimitation Commission Act, 1962 - Sections 8, 9 and 10; Constitution of India - Articles 81, 82, 170, 226, 239AA, 243C, 243K, 243O, 327, 329, 330 and 332

Reported in : AIR2009SC3278; 2009(3)AWC2274(SC); JT2009(5)SC69; 2009(5)SCALE261; (2009)5SCC404; 2009(4)LC1785(SC); 2009AIRSCW3424; 2009(5)LHSC2998

Sections 8 and 9 of the Act apart from the Constitution (Eighty-fourth Amendment) Act, 2001 and Constitution (Eighty-seventh Amendment) Act, 2003 which have, inter alia, amended Articles 81, 82, 170, 330 and 332 of the Constitution of India. The … therewith. The Central Government constituted the Delimitation Commission (for short `the Commission') in exercise of its power under Section 3 of the Act consisting of a retired judge of the Supreme Court as its Chairperson and other … High Court of Madhya Pradesh at Jabalpur dismissing the W.P. (c) No. 13509 of 2007 filed by the appellants herein.INTRODUCTION:3. The periodic readjustment of the

T. Hanumanthappa S/O Hanamanthappa and ors. Vs. the State of Karnataka ...

Court : Karnataka

Subject : Election

Acts : Karnataka Municipalities Act, 1964 - Sections 3, 4, 7, 8, 9, 9(1), 11, 11(1), 13, 21, 22, 23 and 31; Delimitation Act, 1972; Delimitation (Amendment) Act, 2002; Constitution of India (Eighty-Seventh Amendment) Act, 2003; Constitution of India - Articles 82, 170, 243K, 243P, 243Q, 243U, 243U(3), 243ZA and 243ZG

Reported in : ILR2006KAR2870; 2006(5)KarLJ1

till the delimitation of the State is finally notified.2. That in the meanwhile the Parliament passed Constitution (Eighty-Seventh Amendment) Act, 2003 whereby the delimitation exercise has to be redone on the basis of 2001 census Figures. Since the final … the Town Municipal Council, Sindhanur, seeking a writ of mandamus directing respondents 1 to 3 not to hold elections to the Town Municipal Council, Sindhanur, … the Town Municipal Council, Sindhanur, the number of wards/seats was 27 as statutorily determined under the provisions of Section 11 of the Karnataka Municipalities Act, 1964 (for short hereinafter referred to as 'the Act'). The determination of

All India Federation of Tax Practitioners and ors. Vs. Union of India ...

Court : Supreme Court of India

Subject : Service TaxConstitution

Acts : Finance Act, 1994 - Sections 65, 65(16), 66, 67, 68, 71, 72, 73 and 83; Finance (No. 2) Act, 1998; Constitution (Eighty-eighth Amendment) Act, 2003; Central Excise Act, 1944 - Sections 2, 3, 9C, 9D and 11B; Income Tax Act, 1961; Medicinal Act, 1955; Kerala Abkari Act; Cantonments Act, 1924 - Sections 60; Government of India Act, 1935 - Sections 100 and 142A; Uttar Pradesh Tax on Luxuries Act, 1995; Andhra Pradesh Tax on Luxuries Act, 1987; West Bengal Luxury Tax Act, 1994; Haryana Passengers and Goods Taxation Act, 1952 - Sections 3(3); Constitution of India - Articles 19(1), 245, 246, 246(1), 246(3), 248, 265, 268A, 269, 276, 276(1), 276(2), 276(3) and 366(29A)

Reported in : AIR2007SC2990; (2008)5CompLJ488(SC); (2007)211CTR(SC)449; 2007(120)ECC451; 2007LC451(SC); [2007]293ITR406(SC); JT2007(10)SC305; (2007)6MLJ1062(SC); 2007(10)SCALE178; 2007(7)SCC527

the Government introduced a new Article 268A in the Constitution in the year 2003 by Constitution (Eighty- eighth Amendment) Act, 2003, which provides that taxes on services shall be charged by Union of India and shall be appropriated by … Finance Act, 1998. According to the impugned judgment, service tax falls in Entry 97, List I of the Seventh Schedule to the Constitution.2. The question which arises for determination in this civil appeal concerns the constitutional status … was introduced in Parliament. Clause 119 of the Notes sought to substitute Sections 65, 66 and 68 and amend Section 67 of the Finance Act, … judgment of the Bombay High Court dated 22.2.2001 in Writ Petition No. 142/99 upholding the legislative competence of Parliament to levy service tax vide Finance

Jaishri Laxmanrao Patil Vs. The Chief Minister And Ors.

Court : Supreme Court of India

Subject : Land Acquisition

introduced, interalia, stated as follows: “STATEMENT OF OBJECTS AND REASONS xxxxxx xxxxxx xxxxxx 2. Vide the Constitution (Eighty-ninth Amendment) Act, 2003, a separate National Commission for Scheduled Tribes was created by inserting a new article 338A in the Constitution. … of the territory of India not included in Part A or Part B of the First Schedule”. The Seventh Amendment Act brought about a number of changes affecting Union Territories, some of which have already been noticed by us. … (hereafter “the NCBC Act”). That enactment used the expression, “Central list” in Section 2(c)78. 77Paras 847, 855 (c) and 859 (13)- SCC report. 78Defined as … States’ power to legislate in relation to “any backward class” under Articles 15(4) and 16(4) is anyway abridged by Article 342(A) read with Article 366(26c)

Retailers Association of India and ors. Vs. Union of India and ors.

Court : Mumbai

Subject : Constitution

Acts : Finance Act of 1994 - Section 65, 66, 67(105)(zzzz), 65(90)(a); Constitution of India - Article 245, 246(1), 248; Punjab Urban Immovable Property Tax Act, 1940 - Section 3(3), 18; Income Tax Act, 1961 - Section 2(6A)(e); Assam Local Self-Government Act, 1953 - Section 62(1); West Bengal Rural Employment and Production Act, 1976 - Section 4(1); M.P. Municipalities Act 1961 - Section 127A,

Entry 97. Parliament, it may be noted, introduced Entry 92C into List I by the Constitution (Eighty Eighth Amendment) Act 2003 to specifically deal with taxes on services. That provision has still not been enforced. In the circumstances, the … Parliament in the context of Entry 49 of List II of the Seventh Schedule to the Constitution. 3. Following the decision of the Delhi High … (2) which was the charging provision, it was stipulated that on the issue of an order under sub- section (1), the Board may grant a licence for the use of any land as a market and impose an

The State Of Punjab Vs. Davinder Singh

Court : Supreme Court of India

Subject : Right to Information

135]. 21 PART B d. Article 342A of the Constitution inserted by the Constitution (One Hundred and Second Amendment) Act 2018 empowers the President to notify socially and educationally backward classes. This Article is pari materia to Article … the State cannot claim legislative competence under Entry 41, List II and Entry 25, List III of the Seventh Schedule in order to divide the Scheduled Castes’ List. The pith and substance of the law in question … inevitable corollaries of that state of affairs.” 161 1976 3 SCC443 162 2003 8 SCC204 76 PART D seat reserved for the Scheduled Castes in … Nos.36500-36501 of 2011 With T.C.(C) No.38 of 2011 1 With T.P.(C) No.464 of 2015 With W.P.(C) No.1477 … of the Scheduled Castes and Backward Classes and for matters incidental thereto. Section 2(f) defines “Scheduled Castes” as Scheduled Castes notified by the President under

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

Court : Supreme Court of India

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 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

The Director, Post Graduate Institute of Medical Education and Researc ...

Court : Punjab and Haryana

Subject : Education

reservation indefinitely. 127. Subject to above, we uphold the constitutional validity of the Constitution(Seventy-Seventh Amendment) Act, 1995, the Constitution (Eighty-First Amendment) Act, 2000, the Constitution (Eighty-Second Amendment) Act, 2000 and the Constitution (Eighty-Fifth Amendment) Act, 2001. There is … above controversy came up for determination by the Hon'ble Supreme Court in M.A. Murthy versus State of Karnataka 2003 (7) SCC 517 wherein it was observed as follows :- 8. ........... The doctrine of prospective over-ruling which … M. Jeyapaul, J. Introduction:- 1. a) Aggrieved by the impugned order passed by the Tribunal directing the … call :- a) The State has a constitutional duty to empower certain sections of society who needed succor to uplift themselves from their contemptible situation.

Madras Hire Purchase Association Represented by Mr. NitIn Sagan Vs. Un ...

Court : Chennai

Subject : Sales Tax/VATConstitution

Acts : Sale of Goods Act, 1930; Finance Act, 1994 - Sections 65, 65(12), 65(14), 65(105) and 66; Companies Act, 1956 - Sections 2; Constitution of India (Eighty-eighth) (Amendment) Act, 2003; Constitution of India (Forty-sixth) (Amendment) Act; Finance Act, 2000 - Sections 116 and 117; Finance Act, 2001 - Sections 137; Constitution of India - Articles 14, 19, 19(1), 246, 246(1), 265, 268A and 366(29A)

Reported in : (2009)225CTR(Mad)289; (2009)5MLJ1137; [2009]18STJ235(Madras); 2009[16]STR3; (2009)25VST446(Mad)

Matched in: Advocate Meera Gupta, Adv. for Surana and Surana in WA No. 4119 of 2003, ;Aravind P. Datar, Sr. Counsel for V.S. Jayakumar, Adv. in WP No. 14905 of 2001, ;Chandran Karuppiah, Adv. in WP Nos. 15327 and 15328 of M. Ravindran, Additional Solicitor General assisted by S. Yashwant, Sr. Panel Counsel

Tata Sky Limited Vs. the State of Uttarakhand and ors.

Court : Uttaranchal

Subject : Company

Acts : Companies Act, 1956; ; Indian Telegraph Act, 1885 - Section 4; ; Indian Wireless Telegraphy Act, 1933; ; Uttar Pradesh Entertainment and Betting Tax Act, 1979 - Sections 2, 3, 4, 4A, 4A(4), 4B and 4C; ; Bombay Entertainments Duty Act, 1923; ; Uttar Pradesh Entertainment and Betting Tax (Amendment) Act, 2009; ; Finance Act, 2001 - Sections 65, 65(5), 65(13), 65(63), 65(72) and 137; ; Prasar Bharti (Broadcasting Corporation of India) Act, 1990 - Section 2; ; Finance Act, 2002 - Sections 65, 66(5), 65(14), 65(15), 65(80) and 65(90); ; Finance Act, 2003 - Section 65, 65(16), 65(95), 65(105) and 66(1); ; Finance Act, 2004; ; Finance Act, 2005 - Section 65(16) and 65(105); ; Government of India Act, 1935; ; Cable Television Networks (Regulation) Act, 1995; ; Bengal Amusements Tax Act, 1922; ; We

cost accountants and architects. We further hold that the above position now stands fortified by the Constitution (Eighty-eighth Amendment) Act, 2003 which has inserted Article 268A and Entry 92C which clearly indicates that Entry 60 of List II and … tax could be levied by the Uttarakhand Legislature under entry 62 of the State List, contained in the Seventh Schedule of the Constitution of India. It was sought to be submitted, that the petitioner company was providing … office at Bombay. The petitioner company was granted a statutory licence under Section 4 of the Indian Telegraph Act, 1885 and Indian Wireless Telegraphy Act, … notification issued by the Department of Telecommunications, referred to above, guidelines dated 15.03.2001 were issued laying down the procedure for obtaining licences for providing 'Direct-to-Home'