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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

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. … 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 … Commission for Backward Classes Act, 1993 (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 “lists” means lists prepared by the Government

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 … Rules neither use nor define the term ‘Whip’.108. The term ‘Whip’ is defined in the Act of 1956. Section 2 of the Act of 1956 provides that an MLA shall not be disqualified for holding the offices stipulated

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

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 … SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION Civil Appeal Nos. 823-827 of 2022 (Arising out of SLP (C) Nos.2001-2005 of 2021) The State of Manipur

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 … these provisions; (3) For Members of Parliament, State Legislative Assembly or Legislative Council covered by clause (ii) of sub-section (2), they shall be disqualified at the expiry of one year from the date of framing of charge or

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,

The State Of Punjab Vs. Davinder Singh

Court : Supreme Court of India

Subject : Right to Information

antithetical to the equality principle and not a re-statement of it.50. The Constitution was amended by the Constitution (First Amendment) Act 1951 to include Clause (4) in Article 15 to overcome the judgment in Champakam Dorairajan (supra). Despite the … boggle when it comes to the 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 the Legislative Assembly, belonged to the … 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