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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 … 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

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 … Mr. Sunil Prabhu was appointed as the Chief Whip of the SSLP. 5 “ECI” 6 “MVA” 7 “SSLP” 5 PART A4 The MVA continued to … 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. … is that the Speaker was acting on the dictates of respondent No. 5, the Chief Minister of Haryana whose son was contesting the election to … 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

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 … the salary and allowances of the Parliamentary Secretary.3 5. Writ Petition (PIL) No.30/2005 was filed on 13.04.2005 … 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 … eldest son. Thus, Mylaraiah was the owner of the subject property. 5 years after the issuance of the preliminary notification, a final notification **Deleted … 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 … OF2019(GM-RES-PIL) In W.P. No.2073 of 2019 BETWEEN : Shri M.B. Adinarayana, Aged 54 years, S/o Shri Balanna, R/at No.87, 3rd main road, 3rd phase, Vinayaka

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 … in Civil Appeals arising out of SLP (C) Nos. 2001-2005 of 2021. 5 | Pa ge 6. Dr. Dhawan submitted that the Appellants resigned as … 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 … as subserving the constitutional purpose. In K. Prabhakaran v. P. Jayarajan[10]., in the context of enacting disqualification under Section 8(3) of the Representation of the People Act, 1951 (for brevity “the 1951 Act”), it has been reiterated … referred to the report of N.N. Vohra Committee that was submitted on 5.10.1993. The Court noted that the growth and spread of crime syndicates in

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 … 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 … 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

Farhan Shaikh vs.state (National Investigation Agency)

Court : Delhi

Subject : Education

Assam and Ors., (2017) 2 SCC350 This decision arose in the context of the Assam Value Added Tax Act, 2003. The question which fell for consideration before the Supreme Court was whether Section 5 of the Limitation Act … that no appeal shall be entertained after the expiry of period of ninety days.” (emphasis supplied) 11. The respondents submit that the period of limitation … he was informed that he would need to first collect the documents regarding the case against him. … full bench of Allahabad High Court in In Re Provision Of Section 14A Of SC/ST (Prevention Of Atrocities) Amendment Act, 2015, WP (Crl.) 8/ 2018 decided on 10.10.2018, has struck down an identical provision i.e., Section 14A(3) of … statute the way they have developed the common law “which in a constitutional sense means judicially developed equity”. In abrogating or modifying a rule of