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

Court : Supreme Court of India

Subject : Education

is valid. Validity of Article 21A of the Constitution Contention of the learned counsel for the petitioners:30. The second substantial question of law which we are called upon to decide is whether by inserting Article 21A by … 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 … called upon to decide on the validity of clause (5) of Article 15 of the Constitution inserted by the Constitution (Ninety-third Amendment) Act, 2005 with … 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

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 … been introduced to minimize the delay and, as such, to curtail the second appeal in the third Forum, the non-obstante clause has been appended to … 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

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

Court : Kerala

Subject : Land Acquisition

also submits that the scope of the enactment is discernible from the preamble of the 'Amending Act' of 2003 and also from the 'proviso' given … 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, … 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 … 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

iqbal Hasan Shaikh Ibrahim Kaskar Vs. State of Maharashtra

Court : Mumbai

Subject : Criminal

Acts : Maharashtra Control of Organised Crimes Act, 2003 - Sections 3, 4, 13 to 16, 17, 18, 19, 20, 21, 21(2), 21(5), 21(7), 22, 23(1) and 25; Code of Criminal Procedure (CrPC) - Sections 21(2), 57, 167, 167(1), 167(2), 167(5), 167(8) and 287; Constitution of India - Article 14

Reported in : 2003(2)ALD(Cri)3; 2003BomCR(Cri)1815

Matched in: Citation 2003(2)ALD(Cri)3; 2003BomCR(Cri)1815

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

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 … be stated, that fundamental rights have two aspects ¬ they act as fetter on plenary legislative powers and, secondly, they provide conditions for fuller development of our people including their individual dignity. Right to live in Article … 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

K.H.V. Prasad and ors. Vs. Govt. of Andhra Pradesh Rep. by Its Princip ...

Court : Andhra Pradesh

Subject : ConstitutionProperty

Acts : Hyderabad Municipal Corporations Act, 1955 - Sections 452A, 455A, 455AA, 461, 461A and 461(4); Hyderabad Municipal Corporations (Amendment) Act, 2008; Andhra Pradesh Municipalities Act, 1965 - Sections 340 and 340A; Vijayawada Municipal Corporation Act; Visakhapatnam Municipal Corporation Act; Andhra Pradesh Urban Areas (Development) Act, 1975 - Sections 2, 3, 4, 32, 41, 43, 43A, 46, 46A and 218A; Andhra Pradesh Municipal Corporations Act; Andhra Pradesh Urban Areas (Development) (Amendment) Act, 2008; Andhra Pradesh Apartments (Promotion of Construction and Ownership) Act, 1987; Tamil Nadu Town and Country Planning Act, 1971 - Sections 113 and 113A; Easements Act; Andhra Pradesh Fire Service Act, 1999 - Sections 13; National Building Code; Delhi Rent Control Act, 1958 - Sections

Reported in : 2009(4)ALT71

Metropolitan Planning Area.(2) The application under Sub-section (1) shall be made within ninety days from the said date in such form containing such particulars and … sanctioned plan as on the date of commencement of the Andhra Pradesh Municipal Laws and Urban Areas (Development) (Second Amendment) Act, 2008 as a one time measure, as per the procedure and by levying such penal amount as may … way to curb the menace of unauthorized and illegal constructions is to make such activity cognizable offence and constitution of special courts to deal with such cases.The learned Advocate General says that the State Government has already … Act. This resulted in the State Government enacting AP Act 6 of 2003. The title of the said Act was 'An Act to provide for … the following head and broadly referred to as preamble.PREAMBLE:6. The HMC Act was enacted and enforced in

Republic of Austria Vs. Altman

Court : US Supreme Court

Subject : Land Acquisition

observation applies, however, is not the preamble but section 8, which states that the “Act shall take effect ninety days after the date of its enactment.’ ” 90 Stat. 2898, note following 28 U. S. C. §1602. … statute that does not alter substantive legal rights,” the court answered this second question in the negative and accordingly found the Act controlling. Id. , … at 293. Footnote 15 Of course, the FSIA differs from the statutory amendment at issue in Hughes Aircraft . That amendment was attached to the … v. Altman - 03-13 (2004) SYLLABUS OCTOBER TERM, 2003 REPUBLIC OF AUSTRIA V. ALTMANN SUPREME COURT OF … Chief Justice Marshall’s observation that foreign sovereign immunity is a matter of grace and comity rather than a constitutional requirement, this Court has “consistently … deferred to the decisions of the political branches-in particular, those of the … §2 of the Foreign Sovereign Immunities Act of 1976 (FSIA or Act), 28 U. S. C. §1330(a),

Cellular Operators Association of India and Ors. Vs. Telecom Regulator ...

Court : Supreme Court of India

Subject : Land Acquisition

also provided for financial disincentives in case there is a failure to meet this parameter by enacting a second amendment to the Quality of Service Regulations dated 8.11.2012 by which a service provider is liable to pay, by … affected their fundamental rights under Article 14 and Article 19(1)(g) of the Constitution. They further went on to state that there was no power in … shall be paid by the concerned licensee within ninety days of such determination.” 56. Obviously, when such … notwithstanding anything contained in the terms and conditions of the licence granted before the commencement of the TRAI Amendment Act, 2000.58. The same kind of language is contained in Section 402(d) of the Companies Act, 1956, which reads … would go contrary to the scheme of the TRAI Act, particularly when it is contrasted with the Electricity Act, 2003. We were shown Section 57 and certain other Sections of the said Act in which the Central and … It was further argued, based on the amended Preamble to the TRAI Act, that the Impugned Regulation

Karnataka Power Corporation Limited, rep. by its Asst. General Manager ...

Court : Karnataka

Subject : Land Acquisition

informed by reason. Actions uninformed by reason can be questioned as arbitrary in proceedings. Article 14 of the Constitution of India would be applicable to exercise of executive power even in entering or not entering into contracts. … such a situation, the Union Government promulgated the Coal Mines (Special Provisions) Second Ordinance, 2014, (Ordinance 7 of 2014) when a deeming provision was introduced … Government of India to KPCL on November 10, 2003. On November 19, 2003, KPCL addressed a letter … Supreme Court of India in its entirety. The preamble to the ordinance, inter alia, records thus: Whereas … order passed in Writ Petition Nos.45102-45103/2015 dated 08/12/2015.) 1. These writ appeals arise from the judgment and … also, directed the allottees of such coal blocks to pay an amount of Rs. 295 (Rupees two hundred ninety-five) only per MT of coal extracted, as an additional levy. This additional levy of Rs. 295 (Rupees two … stations of KPCL for a period of 25 (twenty five) years. KPCL amended the contractual arrangement and obtain approval from the Ministry of Coal, Government … filed u/s. 4 of the Karnataka High Court Act praying to set aside the order passed in

State of Punjab and anr. Vs. Devans Modern Brewaries Ltd. and anr.

Court : Supreme Court of India

Subject : Excise

Acts : Abkari Act, 1977 - Sections 6, 11, 12, 14, 17, 18 and 24; Bombay Prohibition Act, 1949; Bombay Sacramental Wine Manufacturing Rules, 1950; Central Excise Act; Civil Rights Act; Constitution of India - Articles 13, 14, 19(1), 19(6), 47, 226, 245, 298, 301, 302, 303, 303(1), 304, 304A, 305, 309, 352, 366 and 372; Customs Act, 1878; Debt Act; Foreign Liquor Rules; Government of India Act, 1935 - Sections 297 Indian Laws Order, 1937; Indian Tariff Act, 1894; Kerala Abkari Act, 1902 - Sections 17; Licensing Act; Maharashtra Foreign Liquor (Sale on Cash Register of Sales etc.) Rules, 1969 - Rule 17; Mines and Minerals (Regulation and Development) Act, 1957 - Sections 15; Prohibition Act - Sections 49 and 143(2); Punjab Excise Act, 1914 - Sections 3(6B), 3(9), 3(10), 3(12),

Reported in : JT2003(10)SC485; 2003(10)SCALE202; (2004)11SCC26

Matched in: Citation JT2003(10)SC485; 2003(10)SCALE202; (2004)11SCC26