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Jaishri Laxmanrao Patil Vs. The Chief Minister And Ors.

Court : Supreme Court of India

Subject : Land Acquisition

competence to enact a law providing for appointment of Parliamentary Secretaries, in the context of provisions of the Constitution (Ninety-First Amendment) Bill, 2003 which was passed by both the Houses of Parliament and after receiving the assent of … 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. … (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)

Subhash Desai Vs. Principal Secretary, Governor Of Maharashtra

Court : Supreme Court of India

Subject : Right to Information

is that of a split. The defence of split having been deleted from the Tenth Schedule by the Constitution (Ninety- first Amendment) Act 2003 cannot be used by the respondents as a defence for actions that incur disqualification; b. The purported resolution … (C) No.479 of 2022 And With Writ Petition (C) No.538 of 2022 1 JUDGMENT Dr. Dhananjaya Y Chandrachud, CJI Table of Contents A. Factual Background … cannot be construed as the political party for the purposes of the Tenth Schedule; iii. The explanation to Section 23 of the Maharashtra Legislature Members (Removal of Disqualification) Act 195613 provides that the Chief Whip in relation

Jagjit Singh Vs. State of Haryana and ors.

Court : Supreme Court of India

Subject : Election

Acts : Companies Act; General Clauses Act, 1897 - Sections 13(2); Constitution (Ninety-first Amendment) Act, 2003; Haryana Legislative Assembly (Disqualification of Members on ground of Defection) Rules, 1986 - Rule 7(7); Constitution of India - Articles 103 and 194(2)

Reported in : AIR2007SC590; 2006(13)SCALE335; (2006)11SCC1

3 which does not protect a single member legislature party. It may be noted that by Constitution (Ninety-first Amendment) Act, 2003, paragraph 3 has been omitted from the Tenth Schedule.48. Lastly, we will consider the ground of personal malafides. … 3 of the Tenth Schedule. In the context of the language of paragraph 3 of the Tenth Schedule, Section 13(2) of the General Clauses Act, 1897 which requires that unless there is anything repugnant in the subject … has voluntarily defected from NCP and formed/joined Democratic Dal of Haryana. On 17th March, 2004, Speaker issued notice to petitioner calling for his comments to

Bimolangshu Roy(dead)through Lrs. Vs. State of Assam .

Court : Supreme Court of India

Subject : Land Acquisition

questioned in the writ petition. 11 2. Brief facts of the case are as follows: On 1.1.2004 the Constitution 91st Amendment Bill, 2003 was passed by both the Houses of Parliament. This Bill after the assent of … the total strength of the Assembly.3. At the time of the coming into force of the 91st Constitutional Amendment Act, 2003, the strength of the Council of Ministers in the State of Assam was at 36 out of a … exceeds the said fifteen per cent or the number specified in the first proviso, as the case may be, then the total number of Ministers … Assam. We may briefly refer to the crucial provisions of the Act; Section 2(c) of the Act defines Parliamentary Secretary as follows:- “‘Parliamentary Secretary’ means

Shri Siddaramaiah Vs. The State Of Karnataka

Court : Karnataka

Subject : Land Acquisition

the Chief Minister, in the Council of Ministers in any State at the commencement of the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen per cent or the number specified in the first proviso, as the case may … register complaints before the Commissioner of Police. This was in compliance with clause (1) of sub-section (2) of Section 154 of the Cr.P.C.. Even then, no action is taken. The 4th 99 respondent then approaches the Lokayukta

M B Adinarayana Vs. The State of Karnataka

Court : Karnataka

Subject : Land Acquisition

the Chief Minister, in the Council of Ministers in any State at the commencement of the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen per cent or the number specified in the first proviso, as the case may … rate of one hundred and fifty rupees per mensem. The furnishing of the residence provided under this sub- section shall be on such scales as may be prescribed. (2) In a residence used by a Parliamentary Secretary … Bailahongal, Belagavi District 591 303. Smt. Roopakala M. Shashidhar, MLA., R/at No.15, 1st Block, Bethamangala, KGF Taluk, Kolar 563 116. Shri K. Govindaraj, MLC., R/at

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 … of Manipur to provide for appointment, salary and allowances 1 | Pa ge of Parliamentary Secretaries in Manipur. Section 3 read with Section 4 thereof, enabled the Chief Minister to appoint a member of the Manipur Legislative

Manoj Narula Vs. Union of India

Court : Supreme Court of India

Subject : Land Acquisition

the Chief Minister, in the Council of Ministers in any State at the commencement of the Constitution (Ninety-first Amendment) Act, 2003 exceeds the said fifteen per cent or the number specified in the first proviso, as the case may … of quashing of charge or acquittal, whichever is earlier. (2) Notwithstanding anything contained in this Act, nothing in sub-section (1) shall apply to a person: (i) Who holds office as a Member of Parliament, State Legislative Assembly or

Citizen Rights Protection Forum Vs. Union of India (Uoi) and ors.

Court : Himachal Pradesh

Subject : Constitution

Acts : Societies Registration Act; ;Himachal Pradesh Legislative Assembly Members (Removal of Dis-qualification) Act, 1971 - Sections 3 and 4(1); ;Constitution of India - Articles 154, 162, 163, 164, 164(1A), 166, 191, 226 and 227; ;Constitution of India (Ninety-first Amendment) Act, 2003; ; The Salaries and Allowances of Ministers (Himachal Pradesh) Act, 2000; ;The Salaries and Allowances of Ministers (Himachal Pradesh) Rules; ;Himachal Pradesh State Legislative Officers, Ministers and Members Medical Facilities Rules

Reported in : 2006(1)ShimLC60

exercised by him either directly or through officers subordinate to him in accordance with the provisions of the Constitution. Article 154 has to be read jointly alongwith Articles 162 and 163 of the Constitution because, whereas Article … the State Government. For this purpose the amount of income tax payable by the State would be the first slab of the income assessed for Income Tax i.e. in assessing this amount, the other source of income … same rates as are specified in Clause (ii) of Sub-section (1) of Section 4 of the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) … 4 of the Himachal Pradesh Legislative Assembly (Allowances and Pension of Members) Act, 1971 with respect to Members of the State Legislative Assembly. Pie/She shall

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 … High Court, to another. For arriving at the above conclusion, the following parameters were taken into consideration: (i) Firstly, reference was made to four judgments, namely, the Samsher Singh case11, rendered in 1974 by a seven-Judge Bench,