Advanced Search Results

The State Of Manipur Vs. Surjakumar Okram

Court : Supreme Court of India

Subject : Land Acquisition

Ministers shall hold office during the pleasure of the Governor. Article 164(1-A) was inserted by the Constitution (Ninety-first Amendment) Act, 2003. The said Article limited the number of Ministers, including the Chief Minister, in the Council of Ministers in … 2018 (hereinafter referred to as the “Repealing Act, 2018”) which was notified on 04.04.2018. It was mentioned in preamble of the Repealing Act, 2018 that the 2012 Act was being repealed in light of the judgment of

Pramati Educational and Cultural Trustandors Vs. Union of India and or ...

Court : Supreme Court of India

Subject : Education

right under Article 19(1)(g) of the Constitution to establish and administer private educational institutions. It is for the first time that this Court held in T.M.A. Pai Foundation (supra) that the establishment and running of an educational … decide on the validity of clause (5) of Article 15 of the Constitution inserted by the Constitution (Ninety-third Amendment) Act, 2005 with effect from 20.01.2006 and on the validity of Article 21A of the Constitution inserted by the … of this country an assurance that the promise held forth by the Preamble will be performed by ushering an egalitarian era through the discipline of

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

Court : Supreme Court of India

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

to Article 39 and to remove the obstacle for realization of socio-economic rights, inserted Article 31A vide Constitution (First Amendment) Act, 1951 and later amended by the Constitution (Fourth Amendment) Act, 1955 and both the amendments were given retrospective … that in that regard there shall be no difference between the minority and non-minority institutions. However, by the Constitution (Ninety-third Amendment) Act, 2005, Article 15 is amended. It is given Article 15(5). The result is that P.A. Inamdar … 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 … 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

Ashoka Kumar Thakur Vs. Union of India (Uoi) and ors. (Obc Judgment)

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India (Ninety-Third Amendment) Act, 2005 - Article 15(5); ;Central Educational Institutions (Reservation in Admission) Act, 2006 - Sections 2, 2(24), 3, 4, 5, 6, 9, 9(1), 10, 12, 13 and 55; ;Societies Registration Act, 1960; ;Civil Rights Act, 1964; ; Constitution of India (86th Amendment) Act; Constitution of India (42nd Amendment) Act; ;Madras Provincial and Subordinate Services Rule, 1942; Kerala State and Subordinate Services Rules - Rules 5 and 13AA; ;Constitution of India - Articles 3(4), 12 to 35, 38, 38(1), 38(2), 39, 41, 45, 46, 47, 51A, 51A(3), 109, 117, 136, 143(1), 162, 226, 227, 292, 323A2D, 323B3D, 325, 330, 332, 334, 337, 329A(4), 334, 335, 337, 340, 341, 341(1), 342, 358, 359, 366(24), 366(25), 368, 368(2) and 371D(5); Reciprocal Insurance A

Reported in : 2008(56)BLJR1292; 2008(3)CTC97; [2008(3)JCR176(SC)]; JT2008(5)SC1; (2008)3MLJ1105(SC); 2008(5)SCALE1; (2008)6SCC1; 2008AIRSCW2899; 2008(3)Supreme331; 2008(2)LH(SC)1534; [2008] 4 SCR 1

While clause (3) is a part of the Article as originally framed, Clause (4) was added by Constitution (First Amendment) Act, 1951. Clause (5) was added by Constitution (Ninety-third Amendment) Act, 2005 - Each of these three enabling provisions … are to be viewed in the background of these constitutional provisions. It may also be recalled that the Preamble to the Constitution and the Directive Principles of State Policy give a positive mandate to the State and … on caste. In Pradip Tandon's case (supra) it was held at para 17 that:The expression 'classes of citizens' indicates a homogenous section of the people

Fazal Ali Vs. Amna Khatun and ors.

Court : Rajasthan

Subject : Motor Vehicles

Acts : Code of Civil Procedure (CPC) , 1908 - Sections 100A; Code of Civil Procedure (CPC) 2002; Motor Vehicles Act, 1988

Reported in : II(2004)ACC655; 2005ACJ29; AIR2004Raj39; 2005(1)KLT828; RLW2004(3)Raj1454; 2004(1)WLC339

question of wide ramification arises for consideration is whether the Special Appeal filed under Article 225 of the Constitution of India against the judgment of a learned single Judge passed in an appeal preferred under Section 173 … any person aggrieved by an award of a Claims Tribunal may, within ninety days from the date of the award, prefer an appeal to the … was abolished only against the judgment of a learned single Judge in first appeal and right of appeal against the judgment of a learned single … Motor Vehicles Act is not maintainable in view of Section 100A introduced by the Code of Civil Procedure (Amendment) Act, 2002 with effect from 1-7-2002?2. The impact of Section 100A with respect, to special appeals preferred under Section … reported in (2003) 6 ILD 421 : (AIR 2003 Rajasthan 222), to which one of us (Mathur, … of Civil Procedure, 1908, a reading of the preamble shows that it is an Act to consolidate

Sudha Tiwari Vs. Union of India and Other

Court : Allahabad

Subject : Constitution

Acts : Constitution of India - Clause-5 in Article 15 in Part 3, Article 141, 19 (1) (g), 14, 15 (5), 16 (4A) (4B), 17, 21, 30 (1), 46 and Part XVI; Amendment Act, 2005; Constitution (Ninety-Third Amendment) Act 2005; UP Admission to Educational Institutions (Reservation for Scheduled Castes, Scheduled Tribes and Other Backward Classes) Act, 2006 - Section 4

the short but whole some written argument as follows:- "1. That the Preamble of our Constitution casts a statutory obligation on the State to constitute … of creamy layer from O.B.C. Four honourable judges on the Bench did not express any opinion whether the Constitution (Ninety-third Amendment) Act, 2005 was valid so far as private un-aided educational institutions are concerned and have left the … the problem of maintaining academic standards, attracting and retaining good faculty will become a disincentive to establish a first rate unaided institution, which will affect global reputation of unaided institutions and will compromise them. It was held … and certainty in the transactions vide M.A. Murthy vs. State of Karnataka 2003 (7) SCC 517 and also State of Punjab vs. Devans Modern Brewans

Ghodawat Packer Llp vs Union of India Through the Secretary

Court : Karnataka Dharwad

Government of India in terms of its 101st amendment to the Constitution of India on 08-09-2016, paved … A/W SRI GIRISH HULMANI, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH NOTIFICATION NO.2/2023 DATED 31.03.2023 AND NOTIFICATION NO.3/2023 DATED 26.07.2023 PUBLISHED BY RESPONDENT NO.1 … rupees per substitutes, including thousand sticks or two tobacco products. hundred and ninety per cent ad valorem or a combination thereof, but not exceeding four … its products and sells them to various stockists who act as the first intermediary in the supply chain. The stockists in turn sell the products … impugned herein as both are similar.12. In view of the above, sub-section (5) of section 4 ofthe KVAT Act, 2003 which provides for levy of tax on the maximum retail price indicated on the label of the container … the impugned notification has sprung on 31-03-2023. The preamble of the Notification reads as follows:“G.S.R….. (E). In

M/S V.K. Packers vs Union of India

Court : Karnataka Dharwad

Government of India in terms of its 101st amendment to the Constitution of India on 08-09-2016, paved … A/W SRI GIRISH HULMANI, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH NOTIFICATION NO.2/2023 DATED 31.03.2023 AND NOTIFICATION NO.3/2023 DATED 26.07.2023 PUBLISHED BY RESPONDENT NO.1 … rupees per substitutes, including thousand sticks or two tobacco products. hundred and ninety per cent ad valorem or a combination thereof, but not exceeding four … its products and sells them to various stockists who act as the first intermediary in the supply chain. The stockists in turn sell the products … impugned herein as both are similar.12. In view of the above, sub-section (5) of section 4 ofthe KVAT Act, 2003 which provides for levy of tax on the maximum retail price indicated on the label of the container … the impugned notification has sprung on 31-03-2023. The preamble of the Notification reads as follows:“G.S.R….. (E). In

M/S Vkg Packers vs Union of India

Court : Karnataka Dharwad

Government of India in terms of its 101st amendment to the Constitution of India on 08-09-2016, paved … A/W SRI GIRISH HULMANI, ADVOCATE FOR R-2) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND227 OF THE CONSTITUTION OF INDIA PRAYING TO QUASH NOTIFICATION NO.2/2023 DATED 31.03.2023 AND NOTIFICATION NO.3/2023 DATED 26.07.2023 PUBLISHED BY RESPONDENT NO.1 … rupees per substitutes, including thousand sticks or two tobacco products. hundred and ninety per cent ad valorem or a combination thereof, but not exceeding four … its products and sells them to various stockists who act as the first intermediary in the supply chain. The stockists in turn sell the products … impugned herein as both are similar.12. In view of the above, sub-section (5) of section 4 ofthe KVAT Act, 2003 which provides for levy of tax on the maximum retail price indicated on the label of the container … the impugned notification has sprung on 31-03-2023. The preamble of the Notification reads as follows:“G.S.R….. (E). In

V.K. Venkitachalam Vs. State of Kerala, Represented by Its Secretary, ...

Court : Kerala

Subject : Land Acquisition

scope of the enactment is discernible from the preamble of the 'Amending Act' of 2003 and also … animal, animal article, trophy or uncured trophy under sub-section (2A) shall, within ninety days of such inheritance make a declaration to the Chief Wild Life … order dated 27.10.2011, no counter affidavit has been filed except by the first respondent/State. 8. According to the first respondent, the averment of the writ … is totally banned under Section 43 of the Act, which was brought into the Statute as per the amendment Act 16/2003 w.e.f. 01.04.2003, in substitution of the provision as it existed earlier. The learned Counsel also places reliance … Ramachandra Menon J. 1. Whether the dictum laid down by the learned … the Act; simultaneously pointing out that the second relief prayed for in the said writ petition did not constitute any specific cause of action, as the same was only to implement the relevant provisions of the Statute,