Court : Supreme Court of India
..... of clear words indicating that the amending act is declaratory, it would not be so construed when the pre amended provision was clear and unambiguous. an amending act may be purely clarificatory to clear a meaning of a provision of the principal act which was already implicit. a clarificatory amendment of this nature will have retrospective effect ..... and, therefore, if the principal act was existing law which the constitution came into force, the amending act also will be part of the existing law. the above ..... to bring about a substantive change, whilst pointing out that the cbec circular in its opening paragraph speaks about carrying out the amendment. further, the amendment must be applied 13 2007 (216) elt662(sc) 14 (2013) 9 scc75314 prospectively. reliance is placed upon the decision of this court in union of india & .....
Tag this Judgment!Court : Supreme Court of India
..... an investigator and officer in charge of a police station for the investigation of the offences under the ndps act. on the contrary, it permits, as observed hereinabove. to take a contrary view would be amending section 53 and the relevant provisions of the ndps act and/or adding something which is not there, which is not permissible.10. now so far as ..... court in the cases of h.n. rishbud v. state of delhi 1955 (1) scr1150 niranjan singh v. state of u.p. 1956 scr734 paramjit singh v. state of punjab (2007) 13 scc530 rekha v. state of maharashtra (2010) 15 scc725 and union of india v. t. nathamuni (2014) 16 scc285 5.10.3in light of the aforesaid twin tests, ..... or psychotropic substance 2 [or controlled substance]., in respect of which he suspects that any provision of this act has been, or is being, or is about to be, contravened at any time, stop such animal or conveyance, or, in the case of an aircraft, compel it to land and (a) rummage and search the conveyance or part thereof; (b) examine .....
Tag this Judgment!Court : Supreme Court of India
..... the 12th five year plan. it allowed passing through of higher cost of imported coal. the ministry of coal was directed to suitably amend the ncdp. the ministry of coal on 26.7.2013 amended the ncdp of 2007, and the ministry of power issued a letter on 31.7.2013, which provided for pass through of additional cost incurred to meet ..... dated 28 1 2016, which in para 1.1 states as under:1. 1. in compliance with section 3 of the electricity act, 2003, the central government notified the tariff policy on 6 1 2006. further amendments to the tariff policy were notified on 31 3 2008, 20 1 2011 and 8 7 2011. in exercise of powers conferred under ..... government india instrumentality. of (applicable only for gas) (emphasis supplied) 37. the rerc s order dated 31.5.2010, adopting aprl s tariff under section 63 of the electricity act, has been relied upon. the same is extracted hereunder: 39. the other important point raised by the party relates to relaxing the qualifying requirements for the fuel in case of .....
Tag this Judgment!Court : Supreme Court of India
..... 25 of list iii . entry 11 of list ii was deleted and entry 25 of list iii was amended with effect from 3-1-1976 as a result of the constitution 42nd amendment act of 1976. the present entry 25 in the concurrent list is as follows: including technical medical education and ..... under entry 25 of the concurrent list pertaining to centrally funded universities such as the babasaheb bhimrao ambedkar university act, 1994, the maulana azad national urdu university act, 1996, the indira gandhi national tribal university act, 2007, etc. the central government may have the power to regulate the admission process for centrally funded institutions like ..... admission) rules, 2018. these rules have been framed under the gujarat professional medical educational colleges or institutions (regulation of admission and fixation of fees) act, 2007. subsequently, all the medical colleges in the state of gujarat have applied for conversion of their diploma seats into degree courses. the applicants contend that .....
Tag this Judgment!Court : Supreme Court of India
..... by the contemnor in his reply affidavit.19. for appreciating the submission made by the contemnor it will be relevant to refer to section 13 of the amended act of 1971, as amended in 2006, which reads thus: 16 13. contempts not punishable in certain cases notwithstanding anything contained in any law for the time being in force ( ..... considerations lead us to the conclusion that there is need for an effective remedy against imputations of improper or corrupt judicial conduct. the contempt of courts act, 1971 engrafted suitable amendments accordingly. freedom of expression and duty of advocate 31. it is true that freedom of speech and expression guaranteed by article 19(1)(a) of ..... & ors. v. o. p. gupta & ors., (1971) 1 scc626 is also not relevant inasmuch as the said judgment is delivered prior to amendment of contempt of courts act, 1971 (for short the act ), vide which section 13(b) was brought on statute book, so as to allow truth as a defence. the court has to exercise jurisdiction with .....
Tag this Judgment!Court : Supreme Court of India
..... of the central government has framed the central motor vehicles rules, 1989, hereinafter referred to as the 1989 rules . the 1989 rules have also been amended from time to time to incorporate provisions for laying down standards for emission, discharge of environmental pollutants from motor vehicles. the norms for emission from motor ..... industrial plants and automobiles or for the discharge of any air pollutant into the atmosphere from any other source whatsoever not being a ship or an aircraft: provided that different standards for emission may be laid down under this clause for different industrial plants having regard to the quantity and composition of ..... of registration of motor vehicles with a view to ensure compliance of the standards of emission of our pollutants and section 7 of the environmental protection act, which prohibits any person from carrying on any operation, which would include operation of a motor vehicle, from discharging or emitting any environmental pollutants in .....
Tag this Judgment!Court : Supreme Court of India
..... 11 from list ii was omitted and was transferred and combined with subject of entry 25 of list iii. entry 25 list iii as after amendment by constitution (forty second amendment) act, 1976 is to the following effect: 62 25. education, including technical education, medical education and universities, subject to the provisions of entries ..... which came for consideration before this court in the above case was niji vyavasayik shikshan sanstha (pravesh ka viniyaman avam shulk ka nirdharan) adhiniyam, 2007 . the aforesaid act, 2007 as well as the madhya pradesh private medical and dental postgraduate course entrance examination rules, 2009 came to be challenged before the high court ..... and the high court upheld the provisions of the act and rules, which came to be questioned before 80 this court in modern dental college & .....
Tag this Judgment!Court : Supreme Court of India
..... the power of arrest under the crpc82 chapter v of the crpc deals with the arrest of persons. section 41 of the crpc, vide the code of criminal procedure (amendment) act, 2008 (act 5 of 2009, section5) (w.e.f. 01-11-2010), deals with the power of the police officer to arrest without warrant. it reads as follows after ..... as also in the jammu and kashmir factories act, 1999. 144 specific statutes conferring powers of arrest; cognizable versus non-cognizable offence114 it is, however, relevant to notice the ..... be necessary for carrying out the act, the law giver carves out a limitation by way of a proviso that no one shall be required, under the said section, to answer any question or give any evidence tending to incriminate him. such a proviso is also found in the private medical establishment act, 2007 [vide section 21(1)(b)]. .....
Tag this Judgment!Court : Supreme Court of India
..... . the power has been exercised maliciously.15. shri a. subba rao, learned counsel, appearing on behalf of the respondents argued that the constitution (one hundred and second amendment) act, 2018 came into effect on 11.8.2018. article 338b was inserted constituting national commission for backward classes. the real question for consideration is the interpretation of articles 14 ..... decision in e.v. chinnaiah cannot be said to be laying down good law in view of the decision in i.r. coelho v. state of t.n., (2007) 2 scc1 the approach and reasoning in e.v. chinnaiah were that for scheduled castes, article 341 was the bedrock of the rights guaranteed by articles 15(4) ..... that for the purpose of the constitution, scheduled tribes defined under article 366(25) as substituted under the act, and the second schedule are conclusive. in shree surat valsad jilla k.m.g. parishad v. union of india & (viii) ors., (2007) 5 scc360 law to a similar effect was laid down. (ix) article 341(1) protects the .....
Tag this Judgment!Court : Supreme Court of India
..... : air1928pc172 the phrase substantial question of law as it was employed in the last clause of the then existing section 100 cpc (since omitted by the amendment act, 1973) came up for consideration and their lordships held that it did not mean a substantial question of general importance but a substantial question of law ..... other respects, the decree of the first appellate court was confirmed.24. section 100 of the civil procedure code (cpc) which provides for a second appeal, as amended by the civil procedure code (amendment) act, 104 of 1976, with effect from 1.2.1977,provides as follows:- 100. second appeal.-. (1) save as otherwise expressly provided in the body ..... relevant paragraphs of the judgment of this court in hero vinoth (supra) are set out hereinbelow:- 21. the phrase substantial question of law , as occurring in the amended section 100 cpc is not defined in the code. the word substantial, as qualifying question of law , means of having substance, essential, real, of sound worth, .....
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