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

Court : Andhra Pradesh

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 … are the constituent segments of the respective Lok Sabha seats was one seat per million for the first 5 million and 1 seat for every 5 million thereafter. During emergency when fundamental rights in Part III including

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 … is made to the Government of India or Central Government, i.e., Articles 53, 73, 79, 309, List I of Schedule VII whereas the word ‘Central

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 … was placed on the decision of this Court in State of U.P. v. Pradhan Singh Khesttra Samiti : AIR1995SC1512 .21. The decision in Pradhan (supra)

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, 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 … area with a population of not less than 40,000 but less than 50,000 273. for a municipal area with a population of not less than

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, … with effect from 1.4.1998. On 7.10.1998, Union of India issued Notification No. 57/98 inter alia exempting taxable services other than accounting and auditing. On 16.10.1998,

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 … 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 … With C.A. No.5598 of 2010 With C.A. Nos. 5595-5596 of 2010 With C.A. No.2324 of 2011 With

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 … 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, … to the higher judiciary, and to simultaneously vest with them a power of veto. The second proviso under Section 5(2), and Section 6(6) of the NJAC Act, clearly mandate, that a person nominated to be considered for appointment

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, … in law.10. This Court, while disposing of Writ Petition (M/S) No. 3 53 of 2008, distinguished 'cable services' from 'Direct-to-Home services' by holding, that the

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

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

Court : Chennai

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', … valuable consideration; that the said expression is also found in the Entry 54 of List II; that after the said 46th Amendment, hire-purchase and leasing … 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