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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 … 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

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 … Dr. Dhananjaya Y Chandrachud, CJI Table of Contents A. Factual Background ......................................................................................... 4 i. A change in the government of the State of Maharashtra .................................... … 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. … in accordance with law and, therefore, the case is covered by Paragraph 4 of the Tenth Schedule. In this view, no proceedings for disqualification could … 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

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

Court : Supreme Court of India

Subject : Land Acquisition

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. … 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 … Secretaries and assign to each of them such duties and functions as he may deem fit and proper.” Section 4 declares that Parliamentary Secretary should be of the rank and status of a Minister of State and exercise

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 … . 5,95,000/- ( ) ನಗದು8ೌರ(cid:24)ಂ(cid:143)ರೂ ಐದುಲXದFೊಂಭFೆ(cid:154)ದು(cid:10)ಾKರರೂ!ಾR ಗ>>>ೕೕೕೕನನನನುುುು ಪಪಪಪwwwwjjjjಮಮಮಮ(cid:2)(cid:2)(cid:2)(cid:2)ೆೆೆೆ9999:::: ಸಸಸಸªÉðನನನನಂಂಂಂ ರರರರಜಜಜಜ>>>>ೕೕೕೕನನನನುುುು : . 466 . 462 ಉಉಉಉತತತತರರ..ರರ..(cid:2)(cid:2)(cid:2)(cid:2)ೆೆೆೆ9999 ಸಸಸಸVVVVೆೆೆೆ(cid:4)(cid:4)(cid:4)(cid:4)ನನನನಂಂಂಂ ರರರರಜಜಜಜ>>>>ೕೕೕೕಮಮಮಮ ದದದದPPPPಣಣಣಣ(cid:2)(cid:2)(cid:2)(cid:2)ೆೆೆೆ9999:::: ಸಸಸಸVVVVೆೆೆೆ(cid:4)(cid:4)(cid:4)(cid:4)ನನನನಂಂಂಂ ರರರರಜಜಜಜ>>>>ೕೕೕೕನನನನುುುು ಈಈಈಈ ಮಮಮಮ(cid:159)(cid:159)(cid:159)(cid:159)ೆೆೆೆffff ಇಇಇಇರರರರುುುುವವವವ 3-16

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 … Basavaraj Hitnal, MLA., R/at Hitnal Post, Koppal Taluk, Koppal District 577 015.3. 4.5. 6.7. 8.9. 3 10. Shri D.S. Hoolageri, MLA., R/at No.42-44D, Lingasagur Road,

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 … 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 Assembly as a Parliamentary Secretary,

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 … disposed of by the court.” At this juncture, it is apposite to mention that the constitutional validity of sub-section (4) of Section 8 of the 1951 Act was challenged before this Court under Article 32 of the Constitution

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 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 … whole of his term at the 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) Act, 1971 with respect to Members of

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

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 … on the above foundation, learned senior counsel raised a number of contentions. Firstly, it was submitted, that through the impugned constitutional amendment and the NJAC … 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