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Mar 31 2009

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

Court : Supreme Court of India

Decided on : Mar-31-2009

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 … census figures as ascertained at the census held in the year 1971 and subject to the provisions of Section 4, the number of seats in the House of the People to be allocated to each State and determine

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Jun 16 2006

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

Court : Karnataka

Decided on : Jun-16-2006

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 … President on 3.6.2002. The said Act provides for constitution of Delimitation Commission under Section 3 of the Act. Section 4 of the Act provides for duties of the Commission. Section 7 deals with the procedure and powers of

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Feb 17 2004

A.P. Scheduled Castes Welfare Association and Etc. Vs. Union of India ...

Court : Andhra Pradesh

Decided on : Feb-17-2004

Subject : Election

Acts : Constitution of India - Articles 226, 330 and 332; Delimitation Act, 2002 - Sections 8; Constitution (Eighty Seventh Amendment) Act, 2003; Constitution (42nd Amendment) Act, 1976; Constitution (Eighty-Fourth Amendment) Act, 2001 - Sections 4, 5 and 6

Reported in : AIR2004AP381; 2004(2)ALT604

basis of the latest Census of 2001 and not on the basis of the 1991 Census. Accordingly, the Constitution (Eighty Seventh Amendment) Act, 2003 was brought about by the Parliament which provides that delimitation of all parliamentary and assembly constituencies will be … of 294 seats in the A. P. State Legislative Assembly and six seats (Member of Parliament) out of 42 seats allotted to the State of Andhra Pradesh in the House of the People are reserved in favour

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May 05 2021

Jaishri Laxmanrao Patil Vs. The Chief Minister And Ors.

Court : Supreme Court of India

Decided on : May-05-2021

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 … of service and tenure of office of the Chairperson, Vice-Chairperson and other 41 Members so appointed shall be such as the President may by rule

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Aug 21 2007

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

Court : Supreme Court of India

Decided on : Aug-21-2007

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, … taxes to be imposed, then Entry 89 would be superfluous. Similarly, Entry 41 of List I refers to 'Trade and commerce with foreign countries; import

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Aug 01 2024

The State Of Punjab Vs. Davinder Singh

Court : Supreme Court of India

Decided on : Aug-01-2024

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 … 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 … 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 … under the said clause shall not be varied by any subsequent notification. 5 “Punjab Act” 7 PART A Section 4(2) provides that reservation of twenty-five percent shall be made for the members of the Scheduled Castes and twelve

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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

India.51. Mr. Arvind P. Datar also assailed the constitutional validity of Article 124C, introduced by the Constitution (99th Amendment) Act. It was submitted, that the Parliament was delegated with the authority to “regulate the procedure for the appointment … a legislation under Article 246 read with the relevant entries in the Seventh Schedule, pointed out by the Hon. Minister. Now, the Supreme Court has … In this behalf, the Court’s attention was inter alia drawn to Section 4(2), of the Central Vigilance Commission Act 2003, Section 4(2), of the Lokpal and Lokayuktas Act 2013, Section 7, of the National Commission for Backward Classes Act

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Jun 09 2009

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

Court : Chennai

Decided on : Jun-09-2009

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

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Jun 09 2009

Madras Hire Purchase Association Vs. Union of India (Uoi)

Court : Chennai

Decided on : Jun-09-2009

Subject : Service Tax

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

Reported in : [2009]21STT355

legal backup was further provided by the introduction of Article 268A in the Constitution vide the Constitution (Eighty-eighth Amendment) Act, 2003 which stated that taxes on services shall be charged by the Central Government and appropriated between the Union … as also other statutes where the applicability of Article 246 of the Constitution of India, read with the Seventh Schedule thereof is in question, the Court may have to take recourse to various theories including 'aspect theory', … 14905, 15327, 15328, 15559 and 15560 of 2001 are identical, W.A. No. 4119 of 2003 was filed against the vacation of the interim order passed … this in mind, it would be instructive to analyse the provisions of Section 65(105)(zzzz). It has reference to a service provided or to be provided

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Jul 26 2010

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

Court : Uttaranchal

Decided on : Jul-26-2010

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 … 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, … The petitioner company has its registered 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, 1933 after it successfully followed the rigours

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