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Jan 09 2007

Indian Oil Corporation Limited and anr. and Harinagar Sugar Mills Limi ...

Court : Patna

Decided on : Jan-09-2007

Subject : Sales Tax/VAT

restrictions.21. The most significant amendment introduced by the Amendment Act, 2006 was the creation of the Bihar Trade Development Fund and the declaration incorporated in the Act that the money collected as entry tax would be spent exclusively … in the form of Civil Appeal No. 6331 of 2003 from C.W.J.C. No. 6540 of 2002 : Harinagar Sugar Mills Limited v. State of Bihar and the other in the form of Transferred case (Civil) No. 13 … of 1993) came into force on August 22, 1993. According to its preamble, the Act provided for levy and collection of tax on entry of … light of the direction of the Supreme Court in order dated July 14, 2006 in Jindal Stainless Limited v. State of Haryana : (2006)7SCC271 .2.

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Aug 30 2007

State of Assam and ors. Vs. Chhotabhai Jethabhai Patel Tobacco Product ...

Court : Guwahati

Decided on : Aug-30-2007

Subject : Sales Tax/VAT

added to Section 3(2) of the Act. The said Act was further amended by the Assam Entry Tax (Amendment) Act, 2002, which came into effect from May 9, 2002, amending the definition of 'motor vehicle' under Section 2(1)(f), 'purchase … the tax levied by the Act for spending for the purpose of development of trading facilities, roads and other infrastructure in the local area subject … areas. It has been contended that the State has been transferring sufficient fund collected out of the levy of the tax to the local bodies … though cannot be made to depend on the preamble of the statute imposing it, the working test … in support of his contention has also placed reliance on the decision of the apex court in Andhra Sugars Ltd. v. State of Andhra Pradesh : [1968]1SCR705 and in Shree Digvijay Cement Co. Ltd. v. State of

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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

or decree of the Supreme Court.” 73. Relying on Section 6(2), which was introduced by way of the Amendment Act, 2002 (Act 14 of 2002) that came into force from 6-8-2002, it is submitted by Mr Rohatgi that the … a three-Judge Bench has ruled thus: (SCC p. 681, paras 37-38) “37. In State of T.N. v. Arooran Sugars Ltd. [State of T.N. v. Arooran Sugars Ltd., (1997) 1 SCC326 the Constitution Bench, while dealing with the … V.V. Giri National Labour Institute and sponsored by the Department of Rural Development, Ministry of Rural Development, Government of India as “The study of Schedule … that limited government is also enshrined within our Preamble, which is the essence of the Constitution of … does find that a claimed right is entitled to protection as a fundamental privacy right, a law infringing it must satisfy the compelling State-interest test.

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Jan 10 2008

Sri Ramu Solanke S/O Solankee, Vs. State of Karnataka by Its Principal ...

Court : Karnataka

Decided on : Jan-10-2008

Subject : Commercial

Acts : Karnataka Co-operative Societies Act, 1957 - Sections 9, 26, 26(4), 30B, 72(2) and 106; Karnataka Co-operative Societies Act, 1959 - Sections 30B; Karnataka Co-operative Societies (Amendment) Act, 2000; Bangalore Development Authority Act - Sections 65; Madras Cooperative Societies Act, 1932 - Sections 60; Sugarcane (Control) Order, 1966; Constitution of India - Article 226

Reported in : 2008(5)KarLJ18; ILR2008(1)Kar606; 2008(2)KCCR838; 2008(2)AIRKarR537

capacity, the society had availed financial assistance of Rs. 9.85 crores from NCDC and Rs. 7.45 crores from Sugar Development Fund from the Government of India. There was an inordinate delay in release of the fond from the Sugar … is a welfare legislation. The policy and guidelines are discernible from the preamble of the Act which proclaims that the law has been passed to … perpetual succession and a common seal.18. The Karnataka Cooperative Societies Act, 1959, has been enacted to consolidate and amend the Cooperative Societies in the State of Karnataka. Section 9 of the Act states that the registration of … petitioners have challenged the validity of the notification at Annexure 'E' dated 19.7.2007 issued by respondent Nos. 3 and 4 whereby tenders have been invited

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Jan 10 2008

Sri Ramu Solanke and ors. Vs. State of Karnataka by Its Principal Secr ...

Court : Karnataka

Decided on : Jan-10-2008

Subject : Trusts and Societies

Acts : Karnataka Co-operative Societies Act, 1957 - Sections 9, 26, 26(4), 30B, 72(2) and 106; Karnataka Co-operative Societies Act, 1959; Bangalore Development Authority Act - Sections 65; Co-operative Societies Act; Madras Co-operative Societies Act, 1932 - Sections 60; Karnataka Co-operative Societies Act;Constitution of India - Article 226

Reported in : ILR2008KAR606; 2008(5)KLJ18; 2008(2)KCCR838; 2008(2)AIRKarR537

capacity, the society had availed financial assistance of Rs. 9.85 crores from NCDC and Rs. 7.45 crores from Sugar Development Fund from the Government of India. There was an inordinate delay in release of the fund from the Sugar … is a welfare legislation. The policy and guidelines are discernible from the preamble of the Act which proclaims that the law has been passed to … perpetual succession and a common seal.15. The Karnataka Co-operative Societies Act, 1959, has been enacted to consolidate and amend the Co-operative Societies in the State of Karnataka. Section 9 of the Act states that the registration of … petitioners have challenged the validity of the notification at Annexure 'E' dated 19.7.2007 issued by respondent Nos. 3 and 4 whereby tenders have been invited

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Sep 06 2005

Ambika Prasad Rajwade and ors. Vs. State of Chhattisgarh and ors.

Court : Chhattisgarh

Decided on : Sep-06-2005

Subject : Commercial

Acts : Essential Commodities Act, 1955 - Sections 3, 3(1), 3(2), 5 and 10(1); Constitution of India - Article 14, 16, 19(1) and 226; Indian Contract Act, 1870 - Sections 56; Chhattisgarh Co-operative Societies Act, 1960 - Sections 2; Mines and Minerals (Regulation and Development) Act, 1948; Chhattisgarh Public Distribution System (Control) Order, 2004; Public Distribution System (Control) Order, 2001; M.P. Foodstuffs (Distribution) Control Order, 1960; Andhra Pradesh Sugar Dealers Licensing Order, 1983; Andhra Pradesh Sugar Control Order, 1963; Chhattisgarh Co-operative Societies Act, 1980; Chhattisgarh Swayatya Sahkarita Adhiniyam, 1999

Reported in : AIR2006Chh107

by Mr. Prashant Jayaswal, the State has decided as a matter of policy to entrust wholesale distribution of sugar to Co-operative Societies to the exclusion of other licence-holders and this decision of the State was challenged by … Chhattisgarh, mentioning therein that the advisor has highlighted several irregularities in the implementation of mid-day meal and Tribal Development Projects (TDPs). The relevant portion of the report dated 3-4-2004 of the Advisor of the Commissioner, Mr. Biraj … the State Government had taken including the creation of a food security fund and the increase in the subsidy given to the lead societies arid … that one of the objects indicated in the preamble of the Constitution is social justice for the … and the State Government of Madhya Pradesh on 31st of October, 1980 amended the said Control Order by deleting the provisions relating to running of … (Control) Order, 2004 made under the Essential Commodities Act, 1955 were heard analogously and are being disposed … the State of Chhattisgarh during the years 2001-2002, 2002-2003 and 2003-2004. He submitted that the statements Annexure-R/1

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Aug 07 2002

Vishnu Suger Mills and ors. Vs. the State of Bihar and ors.

Court : Patna

Decided on : Aug-07-2002

Subject : Constitution

Deb, J.1. In all these writ petitions the notification issued by the State of Bihar through the Secretary, Sugar-can Development Department regarding fixing 2% fee on the actual price paid per quintal of sugar cane under Section … which the sugar canes are being purchased. In the year 1981 on amendment the rate of commission payable under Section 48 of the Act was … this Court by Sub-hash Singh and others in CWJC No. 4014 of 2002 and the validity of the notification as a whole not being challenged … commission fee is in total non-consideration of the preamble and the object of the Act itself vis-a-vis … side of the writ petitioners first of all it is required to be seen for what purpose the funds of the Board or the Council it necessary. This relates to the functioning of the Board itself. As

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Feb 15 2024

Association For Democratics Reforms Vs. Union Of India

Court : Supreme Court of India

Decided on : Feb-15-2024

Subject : Right to Information

RPA, when they were enacted did not regulate contributions to political parties by companies and individuals. The Companies (Amendment) Act 1960 included Section 293A7 to regulate contributions by companies. The provision stipulated that companies cannot contribute to (a) … the intervening persons/entities will not be known. This would impact the principles of the Prevention of Money Laundering Act 2002; and 22 “KYC” 13 PART A c. The intention of introducing electoral bonds can be accomplished by cheque, … of the core tenets of electoral democracy. The Preamble to the Constitution resolves to constitute a social, … And With Writ Petition (C) No.1132 of 2022 1 JUDGMENT Dr Dhananjaya Y Chandrachud, CJI A. Background … a marketplace of ideas which would ultimately secure the goal of self- development.83 This Court also recognised that freedom of speech and expression includes the … or political party ...... 64 d. The essentiality of information about political funding for the effective exercise of the choice of voting ..................................................................... 73 ii.

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May 21 2021

Lalit Kumar Jain Vs. Union Of India

Court : Supreme Court of India

Decided on : May-21-2021

Subject : Land Acquisition

involved selection of geographical area for applying the law. Similarly, in Tulsipur Sugar Company41, the power was conferred to extend the U.P. Town Areas Act, … which would also be seized of resolution proceedings against the corporate debtors.38. The Attorney General submitted that the Amendment Act brought about a classification after detailed deliberations and in the light of the report of the Working Group … Financial Institutions Act, 1993, hereafter “RDBFI Act”) securitization (by the Securitization and Reconstruction and Enforcement of Security Interests Act, 2002 hereafter “SARFESI”) deal with certain facets of corporate insolvency. These did not result in the desired consequences. The … in the statement of objects and reasons and preamble, a staggered enforcement was anticipated.47. Mr. Dwivedi stated … 1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL … under the resolution plan. The Attorney General also relied on Embassy Property Developments (P) Ltd. v. State of Karnataka24where this court had examined and dealt … financial creditors on the basis that there are fundamental differences in the nature of loan agreements with

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Jul 21 2006

Bses Rajdhani Power Ltd. Vs. Delhi Electricity Regulatory

Court : Appellate Tribunal for Electricity APTEL

Decided on : Jul-21-2006

Subject : Land Acquisition

This is the settled legal position as held by the Hon'ble Supreme Court in Bhavnagar University v. Palitana Sugar Mills (P) Ltd. 23. The exercise of tariff fixation, as seen from the Order, it is nothing but … for participation of privates sector in the electricity industry and generally for taking measures conducive as to the development and management of the electricity industry in an efficient, commercial, economic and competitive manner in the National Capital … National Capital Territory of Delhi hereby notifies the following policy directions in amendment to the Notification No. F.11(118)/2001-Power/2889 dated 22nd November, 2001." 2. The following … read with DERA Act, as seen from the Preamble portion of the Order. Therefore, in the circumstances … 1. The above three appeals which were filed as … least unexpected financial crunch compelling the DISCOMs to go in search of funds either from bankers or from financiers. This is a onerous burden, apart … Appellate Tribunal under Section 110 of the Electricity Act 2003 was not constituted. A tribunal has since … of over achievement and underachievement for the years 2002-03 to 2006-07: i. In the event the actual

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