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Subhash Desai Vs. Principal Secretary, Governor Of Maharashtra

Court : Supreme Court of India

Subject : Right to Information

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 … the House who has been declared as the Whip by the party forming the government; iv. The Constitution (Fifty-second Amendment) Act 1985, by introducing disqualification of legislators on the ground of defection, recognised the role of political parties … 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

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. … the sake of Congress and worked for the Congress. Moreover, my family has given blood for the Congress. Secondly, due to some reasons, I was not given Congress party ticket in 1996 and I contested election as … 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

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 … by law determine and, until the Legislature of the State so determines, shall be as specified in the Second Schedule.” (Emphasis supplied) Article 164 deals with the other provisions as to Ministers. The Chief Minister will be … 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

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 … (vi) Election Commission of India - Proposed Electoral Reforms (2004), (vii) The Second Administrative Reforms Commission (2008), (vii) Justice J.S. Verma Committee Report on Amendments … 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

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 … 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 … entitled to the salaries and allowances equivalent to the salaries and allowances admissible to the Honble Ministers. 23 Secondly, a provision was also made to administer the oath of the office and secrecy to the Parliamentary Secretaries.

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

Court : Supreme Court of India

Subject : MRTP

question which arises for consideration in the present set of cases pertains to the constitutional validity of the Constitution (Ninety- ninth Amendment) Act, 2014 [hereinafter referred to as the Constitution (99th Amendment) Act]., as also, that of the … ignored.30. Historically, the next stage, was when the Constitution (98th Amendment) Bill, 2003 was placed before the Parliament for its consideration. In the above Bill, … and legal position projected by the learned Attorney General, that the position declared by this Court in the Second Judges case, as also, in the Third Judges case, was clearly erroneous. It was submitted, that the procedure … it is necessary to read sub-section (1), (2) and (4) of s.66. Section 66(1) reads thus: - "Within sixty days of the date upon which

Madras Bar Association Vs. Union of India and anr.

Court : Supreme Court of India

Subject : Direct Taxation

Tribunal Act, 2005 (hereinafter referred to as, the NTT Act). Simultaneously, the constitutional validity of the Constitution (Forty-second Amendment) Act, 1976 has been assailed, by asserting, that the same violates the basic structure of the Constitution of India … of three resident magistrates, conflict with Chapter VII of the Constitution and are accordingly void by virtue of section 2. xxxx xxxx xxxx Thus Parliament, in the exercise of its legislative power, may make a law imposing limits … of the tribunal, may, file an appeal to the Supreme Court, within ninety days from the date of communication of the award, decision or order … Tribunal, for the disposal of the appeal out of which the reference had arisen. (viii) The Finance (No.32) Act, 2003 introduced a new Section 130. The remedy of a reference to the jurisdictional High Court, was substituted by

The State Of Punjab Vs. Davinder Singh

Court : Supreme Court of India

Subject : Right to Information

Iyer, 135]. 21 PART B d. Article 342A of the Constitution inserted by the Constitution (One Hundred and Second Amendment) Act 2018 empowers the President to notify socially and educationally backward classes. This Article is pari materia to Article … 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

Rakesh Kumar Paul Vs. State of Assam

Court : Supreme Court of India

Subject : Criminal

completely taken away?.35. Our attention was drawn to the decision of the Constitution Bench in Sanjay Dutt v. State.8 In paragraph 46 of the Report … person in custody under this paragraph for a total period exceeding,- (i) ninety days, where the investigation relates to an offence punishable with death, imprisonment … the third class, and no Magistrate of the second class not specially empowered in this behalf by … the charge sheet within sixty days of remand. Thereafter, in the year 1978, the Code of Criminal Procedure (Amendment) Act 1978 (Act 45 of 1978) was passed, making several amendments to the Code of Criminal Procedure, 1973. One … Act, the Prevention of Corruption Act, 1988, The Code of Criminal Procedure, 1973 and the Central Vigilance Commission Act, 2003. In my view, the amendments made to these five Acts by the Lokpal Act will apply regardless of … appearing in clause (i) of proviso (a) to Section 167(2) of the Code of Criminal Procedure, 1973

Belthangadi Taluk Ruber Belegar Marat and Samskarn Sahakas Sangat Niya ...

Court : Karnataka

Subject : Education

law relating to co-operative societies in force in a State immediately before the commencement of the Constitution (Ninety-seventh Amendment) Act, 2011, which is inconsistent with the provisions of this Part, shall continue to be in force until amended … relied on the following judgments: 1. Special reference No.1 of 2002 (AIR 2003 SC 87) 2. State of Maharashtra v. Jalgaon Municipal Council (AIR 2003 … and 28-A(5) of the Karnataka Co-operative Societies Act, 1959 (‘the State Act for short). Petitioner No.1 is a Secondary Society (‘the Society for short). 2. Sub-section (5) of Section 28-A and sub-section (2) of Section 39-A of