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Jan 02 2023

Vivek Narayan Sharma Vs. Union Of India

Court : Supreme Court of India

Decided on : Jan-02-2023

Subject : Land Acquisition

Court in the case of Rojer Mathew (supra) considered the question, as to whether Section 184 of the Finance Act, 2017, which does not prescribe qualifications, appointment, term and conditions of service, salary and allowances, etc. suffers from … challenging the Notification No.3407(E) dated 8th November 2016 (hereinafter referred to as “the impugned Notification”), issued by the Central Government in exercise of the powers conferred by sub-section (2) of Section 26 of the Reserve Bank of … from Section 3 of the RBI Act as well as from its preamble. It is submitted that the RBI Act was enacted for the purposes

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Dec 15 2014

P.C. Joshi, Indian Citizen, A practicing Advocate and Others Vs. Union ...

Court : Mumbai

Decided on : Dec-15-2014

Subject : Service Tax

“(a) Declare the impugned provisions in section 65(105) (zzzzm) of the Finance Act, 1994 as inserted by the Finance Act, 2011 as null and void and ultra vires the Constitution of India and/or section 66 of the Finance Act, … for the administration of the provisions of the Finance Act, 1994 as amended. The 3rd Respondent is the Central Board of Excise and Customs whereas the 5th respondent is the Ministry of Law and Justice, Government of … India reflects the quest and aspiration of the mankind for justice. Its preamble speaks of justice in all forms; social, economic and political. Article 39A

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May 23 2018

Prime Ministers National Relief Fund vs.aseem Takyar

Court : Delhi

Decided on : May-23-2018

Subject : Right to Information

upholding the decision of the authorities under the Act.2. The respondent in the appeal (hereafter “the petitioner”) in 2011, applied to the CPIO, Prime Minister's Office (“CPIO”) for information pertaining to the various transactions made PMNRF during … made by individuals and institutions and is not a business of the Central Government. Therefore no right to information can be enforced against it. The … The tests that are to be applied must keep in mind the preamble and the object and reasons behind the RTI Act.” 24. The same … does not owe its establishment to an order of the government and does not receive any funds or finances by the government, thus, it is not a public authority under Section 2(h) of the RTI Act. It

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Apr 16 2013

M/S. Tata Sky Ltd. Vs. State of M.P. and Others

Court : Supreme Court of India

Decided on : Apr-16-2013

Subject : Service Tax

broadcasting is challenged by the appellant is that DTH broadcasting is one of the notified services under the Finance Act, 1994 and is chargeable to service tax by the Central Government. In that regard, it is stated on … 2009, filed on behalf of Tata Sky Limited (appellant in the appeal arising from SLP (C) No.2752 of 2011) as the lead case. The rest of the writ petitions were dismissed following the judgment dated August 20, … manner extended the scope of chargeability under the 1936 Act. 20. The preamble to the 1936 Act reads as under:- “An Act to impose a

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Apr 16 2013

M/S Tata Sky Ltd. Vs. State of M.P. and ors

Court : Supreme Court of India

Decided on : Apr-16-2013

Subject : Service Tax

broadcasting is challenged by the appellant is that DTH broadcasting is one of the notified services under the Finance Act, 1994 and is chargeable to service tax by the Central Government. In that regard, it is stated on … any manner extended the scope of chargeability under the 1936 Act.20. The preamble to the 1936 Act reads as under:- “An Act to impose a … OUT OF SLP (CIVIL) NO.32475 OF 2010.WITH CIVIL APPEAL NO.3891 OF 201.(ARISING OUT OF SLP (CIVIL) NO.2528 OF 2011.AND CIVIL APPEAL No.3892 OF 201.(ARISING OUT OF SLP (CIVIL) NO.2752 OF 2011.JUDGMENT Aftab Alam, J.1. Leave granted in

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Aug 14 2018

State Bank of India Vs. V. Ramakrishnan

Court : Supreme Court of India

Decided on : Aug-14-2018

Subject : Land Acquisition

to cover the entire field with regard to the conduct of the chits and further that the State Finance Act 7 of 2002, introducing Section 4(1)(a) into the State 1975 Act, was void as the State Legislature was … or rehabilitated. In fact, another interesting document is the Report on Trend and Progress of Banking in India 2011-2012 for the year ended 30-6- 2012 submitted by Reserve Bank of India to the Central Government in terms … interpretation of statutes. Usually, if not invariably, such an Act contains a Preamble, and also the word “declared” as well as the word “enacted”.’ But

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Nov 20 2012

Kingfisher Airlines Limited Vs. Capt. Prithvi Malhotra Instructor (Emp ...

Court : Mumbai

Decided on : Nov-20-2012

Subject : Arbitration

another decision of the Apex Court in the case of Booz Allen and Hamilton Inc. V/s. SBI Home Finance Limited and Others, reported in (2011) 5 SCC page 532), Mr. Seervai submits that, every civil or commercial … object, as well as, broad scheme of the I.D. Act. 14). The preamble of the I.D. Act, shows that it is enacted to provide a … dispute or a dispute relating to enforcement of a right or an obligation created under the Industrial Disputes Act, (“the I.D. Act” for short) is arbitrable, i.e. capable of being adjudicated by a private forum of an

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Sep 26 2018

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

Decided on : Sep-26-2018

Subject : Right to Information

the constitution of UIDAI, allocation of Rs.147.31 crores for Phase I of Aadhaar enrolments was approved by the Finance Minister on the recommendation of the Standing Committee on Finance. Demo-Official letter dated February 25, 2009, was sent … On the first anniversary of Aadhaar launch, which fell on September 29, 2011, announcement was made that 10 crores enrolments and generation of more than … you the only one.2) ‘Unique makes you the only one’ is the central message of Aadhaar, which is on the altar facing constitutional challenge in … 2016 and, thus, became Act (18 of 2016). Preamble to this Act again emphasises the aim and … of the Indian Constitution. The petitioners have challenged the Aadhaar project which took off by way of administrative action in the year 2009. Even after Aadhaar got a shield of statutory cover, challenge persists as the very

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Oct 09 2013

Delhi High Court Bar Association and anr Vs. Govt of Nct of Delhi and ...

Court : Delhi

Decided on : Oct-09-2013

Subject : Land Acquisition

is at the "aggregate" level and not at the "individual" level is expressed thus: (First Principles of Public Finance by De Marco, pp83) The fee must be equal, in the aggregate to the cost of production of … this case, the respondents had successfully challenged provisions of the Tamil Nadu Uniform System of School Education (Amendment) Act, 2011, a State law, before the High Court of Judicature at Madras. Right to education was a fundamental right … it was repugnant to the earlier Act passed by the Parliament, namely, Central Act of 1950. The Court thereafter pertinently held thus:- W.P.(C)No.4770/2012 page 165

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Oct 09 2013

Delhi High Court Bar Association and anr. Vs. Govt. of Nct of Delhi an ...

Court : Delhi

Decided on : Oct-09-2013

Subject : Land Acquisition

is at the "aggregate" level and not at the "individual" level is expressed thus: (First Principles of Public Finance by De Marco, pp83) The fee must be equal, in the aggregate to the cost of production of … this case, the respondents had successfully challenged provisions of the Tamil Nadu Uniform System of School Education (Amendment) Act, 2011, a State law, before the High Court of Judicature at Madras. Right to education was a fundamental right … it was repugnant to the earlier Act passed by the Parliament, namely, Central Act of 1950. The Court thereafter pertinently held thus:- W.P.(C)No.4770/2012 page 165

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