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Nov 08 2024

Aligarh Muslim University versus Naresh Agarwal & Ors.

Court : Supreme Court of India

Decided on : Nov-08-2024

Subject : Land Acquisition

Reported in : [2024]11S.C.R.1647

a minority educational institution. A5. Constitution of India - Art.30 - Scope of - Purpose of Art.30(1) - Special protection guaranteed by Art.30(1). A6. Constitution of India - Art.30 - Article 30(1) can be classified as both an … and Ors. [2003] Supp. 2 SCR 474 : 2003 6 SCC 697; Cochin University of Science & … Studies - referred to. List of Acts Constitution of India; Aligarh Muslim University Act, 1920; Aligarh Muslim University (Amendment) Act, 1951; Aligarh Muslim University (Amendment) Act, 1965; Entry 63 of List I of the Seventh Schedule to the … amended, including the long title and preamble from which the words “ establish and ” were omitted. 10 Section 2(l) which defined the term ‘University’ was also amended. 11 After the amendment, ‘University’ was defined to mean “the … linguistic or a religious minority - There will always be individuals and groups instrumental in catalysing and setting up the institution - Thus, giving a

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Apr 21 2006

Vidarbha Heritage Society and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Decided on : Apr-21-2006

Subject : Civil

Acts : Maharashtra Legislature passed the Amending Act No. 39 of 1994; Maharashtra Regional & Town Planning Act, 1966 - Sections 2, 2(7), 31, 31(1), 31(2), 37 and 52; Maharashtra Regional & Town Planning Amending Act No. 39 of 1995; Maharashtra Regional & Town Planning Amending Act No. 39 of 1989 - Sections 158; Maharashtra Regional & Town Planning Act, 1965 - Sections 156; Maharashtra Ancient Monuments & Archaeological Sites & Remains Act, 1960; Constitution of India - Article 226

Reported in : 2006(4)BomCR577

heritage structures and precincts does not, in any way, amount to vesting or infusing in the State any special power to further legislature on preservation of structures on the lines, or as per the scheme of the … This Court directed, by Order, dated 28th April, 2003, to complete the procedure of re-consideration by following … said piece of monuments, who have a history, justify their preservation and protection.8. It appears that the Heritage Conservation Committee gave some suggestions, and expressed … respective submissions on that basis.16. Writ Petition has been opposed by different groups of respondents, namely (a.) Municipal Corporation of City of Nagpur, (b.) property … time to file replies to the application for amendment.The learned AGP states that the notification only proposes … Maharashtra Regional & Town Planning Act, 1966 and introduced some definitions. The amended definition of Development' reads as follows:Section 2:(7) 'development' with its grammatical variations means the carrying out of buildings, engineering, mining or other operations in or

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Dec 05 2011

V. Revathi Vs. the State of A.P, Rep. by Public Prosecu

Court : Andhra Pradesh

Decided on : Dec-05-2011

Subject : Criminal

Acts : Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999 - Section 5, 2(b), 2(b), 2(c); Indian Penal Code (IPC), 1860 - Sections 420; Code of Civil Procedure (CPC) , 1908 - Order XXI, Rule 37 and Section 51

(1 supra) it was held that in view of amendment to Section 2(c) of the 1999 Act by amendment Act No.12 of 2003 which came into effect from 14.07.2003, a Company incorporated under the Companies Act will not … her activity amounts to commission of any offence by her either under general penal law or under any special enactment like the 1999 Act. The offence under Section 5 of the 1999 Act is committed the moment … in C.C. No.6 of 2004 under Section 5 of the Andhra Pradesh Protection of Depositors of Financial Establishments Act, 1999 (in short, the 1999 Act) … Section 2(c) reads as follows: (c) "Financial Establishment" means any person or group of individuals accepting deposit under any scheme or arrangement or in any

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May 05 2021

Jaishri Laxmanrao Patil Vs. The Chief Minister And Ors.

Court : Supreme Court of India

Decided on : May-05-2021

Subject : Land Acquisition

for the Scheduled Castes and the Scheduled Tribes under the Constitution or other laws.2. Vide the Constitution (Eighty-ninth Amendment) Act, 2003, a separate National Commission for 292 Scheduled Tribes was created by inserting a new article 338A in the … and Clause (4) of Article 16 of the Constitution.) This will enable the Government of Maharashtra to make special provision for the advancement of the Maratha community, which is certainly socially and educationally backward class and ultimately … for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the socially and educationally backward classes; and … We may refer to number of caste and communities included in different groups. Few details are on the record: SC(59), ST(47) and OBC(348).283. The above … above the provisions of the 2018 Act. In Section 2(j), the Maratha Community has been declared and

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Aug 22 2006

Kuldip Nayar Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : Aug-22-2006

Subject : Constitution

Acts : Representation of People Act, 1950 - Sections 13D, 14 to 24 and 30; Representation of People (Amendment) Act, 1951 - Sections 2, 2(1), 3, 3(2), 4, 5, 6, 16, 29A to 29C, 59, 62(4), 64(4), 93, 94, 95, 100(1), 128 and 128(1) - Schedule - Articles 171 and 173; Representation of People (Amendment) Act, 2003 - Sections 3; Constitution of India (Seventh Amendment) Act, 1956; Army Act, 1950; Government of India Act, 1915; Government of India (Amendment) Act, 1919; Government of India (Amendment) Act, 1935; Administrative Tribunal Act, 1985 - Sections 28; Mines and Minerals (Regulation and Development) Act - Sections 15; Constitution of India (Thirty Sixth Amendment) Act, 1975; Goa, Daman and Diu Reorganisation Act, 1987; Constitution of India (Seventh Amendment) Act, 1951; Constitution o

Reported in : AIR2006SC3127; JT2006(8)SC1; 2006(8)SCALE257; (2006)7SCC1

of People (Amendment) Act 40 of 2003 which came into force from 28th August, 2003. By the said Amendment Act 2003, the requirement of 'domicile' in the State Concerned for getting elected to the Council of States is deleted … through Representation of People (Amendment) Act 40 of 2003 which came into force from 28th August, 2003. … legislative developments.The key question is whether residence was ever treated as a constitutional requirement under Article 80(4).In re: Special Reference No. 1 of 2002 it was observed that:One of the known methods to discern the intention behind … to be chosen as a representative of any Part C State or group of such States in the Council of States unless he is an … merge their individuality in a unity. This supremacy of the constitution is protected by the authority of an independent judicial body to act as the … is a further challenge to the amendments in Sections 59, 94 and 128 of the RP Act,

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May 24 2013

Bilju A.T. Vs. Uoi and ors

Court : Delhi

Decided on : May-24-2013

Subject : Education

their appointment and completion of requisite course, the two women petitioners in WP(C) No.1368/2012 were posted in the Special Protection Group in the year 2005. These writ petitioners have claimed that they have till date never been posted to … for the Mahila Battalion. It is pointed out that this Rule was incorporated by virtue of a statutory amendment effected on 23rd August, 1989.3. The challenge, as premised by the petitioner, inter alia, is on the grounds … in WP(C) No.8744/2011 is concerned, an offer of appointment dated 23rd January, 2003 was issued to her.9. Ms. Rekha Palli, learned counsel for the petitioners, … reality. The credibility of constitutional mandates shall not be shaken by governmental action or inaction but it is the effect of the grievances of Miss … 1995 which is framed under the provision of Section 18 of the CRPF Act, 1949, whereby a … AT NEW DELHI Date of Decision:24. h May, 2013 % + W.P.(C) 8744/2011 BILJU A.T. Through: .....

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Oct 17 2023

Supriyo @ Supriya Chakraborty Vs. Union Of India

Court : Supreme Court of India

Decided on : Oct-17-2023

Subject : Land Acquisition

the Transgender Persons Act is violative of Article 15 because it provides special provisions to safeguard the interest of the transgender community in exclusion of … other hand, Dr. Menaka Guruswamy appearing for the intervenor, Delhi Commission for Protection of Child Rights argued that there is no evidence or empirical data … to succession to the estate of their deceased father; this changed with the enactment of the Hindu Succession Amendment Act, 2005, and the substitution of Section 6, daughters (who were hitherto excluded from succession to any coparcenary properties) … law which has the effect of excluding certain groups on the basis of prohibited markers of identity. … twenty-one years and a female at the age of eighteen years. In defining the degrees of prohibited relationships, Section 2(b) of the SMA exclusively applies to a relationship between a man and a woman. Thus, by explicitly referring

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Jan 07 2005

Ashwani Gupta Vs. Government of India and ors.

Court : Delhi

Decided on : Jan-07-2005

Subject : Constitution

Acts : Constitution of India (Forty-second Amendment) Act, 1976 - Sections 2; Constitution of India - Articles 14, 19(1), 21, 32, 38, 226 and 300A; Explosive Substances Act; The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995; Fatal Accidents Act, 1855; Code of Civil Procedure (CPC) , 1973 - Sections 357

Reported in : I(2005)ACC361; 2006ACJ1901; 117(2005)DLT112

of November, 1949, do HEREBY ADOPT, ENACT AND GIVE TO OURSELVES THIS CONSTITUTION.'1. Subs. by the Constitution (Forty-second Amendment) Act, 1976, Section 2, for 'SOVEREIGN DEMOCRATIC REPUBLIC' (w.e.f. 3-1-1977).2. Subs. by the Constitution (Forty-second Amendment) Act, 1976, Section … petitioner was injured. The petitioner's name was, thus, included in the list of such persons enrolled at the Special Employment Exchange, K.G. Marg, New Delhi vide registration No. 2004/10/00503 dated 29.07.2004 in the category of `Physically Handicapped … by learned counsel for the respondents that out of 26 services of Group 'A' and 'B', no post had been identified for a visually impaired … filled up. The relevant chart is as under:Group 2003 2002 2001 2000 Notified Notified Notified NotifiedFilled Filled … of dignity as opposed to a mere animal existence. None of the protections granted by Part III of the Constitution can really be enjoyed without

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Nov 22 2010

Ajmeera Hari Naik Vs. Suman Rathod and Nine Others

Court : Andhra Pradesh

Decided on : Nov-22-2010

Subject : Election

Acts : Representation of People Act, 1951 - Sections 81 r/w100 (1)(a) and (d) (i), 84, 5 (a), 83, 81,100; Constitution of India - Article 15 (4),16(4), 342 (2), 342

is clearly to give representation in the legislature to Scheduled Tribe candidates, considered to be deserving of such special protection. To permit a non-tribal under cover of a marriage to contest such a seat would tend to defeat … Schedule Caste and Schedule Tribe Orders (Amendment) Act, 2002 (Act 10 of 2003). In view of the said inclusion, Banjara Caste residing in the State … belongs to Lambada Tribe, which is included in the schedule under the Schedule Castes and Schedule Tribes Orders (Amendment) Act, 1976. The 1st respondent belongs to Banjara Caste which is included in the list of other backward classes, … Constituency under Section 84 of the Act 1951. 2. Brief facts, that are necessary for disposal of … 'schedule tribe' means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 … : 1.This petition is filed under Section 81 r/w Section 100 (1)(a) and (d) (i)

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Dec 15 2016

National Campaign on D.H. Rights and Ors. Vs. Union of India and Ors.

Court : Supreme Court of India

Decided on : Dec-15-2016

Subject : Land Acquisition

a writ of mandamus or any other appropriate writ, order or direction, directing the Respondents to set up special officers, nodal officers and protection cell as required under the Act forthwith. Pass an order directing the nodal … Commission, which was named as National Commission for Scheduled Castes and Scheduled Tribes. Consequent upon the Constitution (Eighty-Ninth Amendment) Act, 2003 coming into force on 19.02.2004, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes has been replaced … complex and important matters affecting the interest of Scheduled Castes as a group. 16.2 The Commission may ask for the comments of the concerned authority … file status reports on registration of FIR’s against the erring officials under Section 4 of the Act. Pass an order directing the Respondents to identify

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