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i.C. Golak Nath and ors. Vs. State of Punjab and anr.

Court : Supreme Court of India

Reported in : AIR1967SC1643; 1967(0)BLJR818; [1967]2SCR762

..... and 128 of the commonwealth of australia constitution act, art ..... in the commonwealth of australia act the provisions of the last paragraph ..... in russia there is no private ownership of land and even in the federal capital territory of australia, the ownership of land is with the crown and the individual can get a leasehold right ..... seal of finality and infallibility upon this constitution by denying to the people the right to amend the constitution as in canada or by making the amendment of the constitution subject to the fulfilment of extraordinary terms and conditions as in america of australia but has provided a most facile procedure for amending the constitution. ..... method is by an agreement in some form or other of either of the majority or of all the federating units as in switzerland, australia and the united states of america. ..... method demands a popular vote, referendum or plebiscite as in switzerland, australia, ireland, italy, france and denmark. ..... view is state by lord bryce in 'the american commonwealth', vol. 1, ch. ..... beasant's commonwealth of india bill of 1925, the report of the nehru committee set up under the congress resolution in 1927, the congress resolution of march 1931 and the sapru report ..... american commonwealth vol. ..... besant's commonwealth of india bill 1925 with its seven fundamental rights (the precursor ..... preamble cannot control the unambiguous language of the articles of the constitution, see wynes, legislative executive and judicial powers in australia, third edition, pp. .....

Sagir Ahmad and ors. Vs. the Govt. of the State of Uttar Pradesh and o ...

Court : Allahabad

Reported in : AIR1954All257

..... . the case of 68 comm-w lr 261 (o), was a case where under regulation 54 of the national security (general) regulations, the commonwealth took for an indefinite period exclusive possession of certain property, and it was held that this taking possession of amounted to an acquisition ..... v. the commonwealth of australia', 1936 ac ..... free.''the commonwealth of australia had passed a law; nationalising the banking trade and the validity of this act was challenged on the ground that it contravened the provisions of article 92 of ..... was pointed out by their lordships of the judicial committee of the privy council in the case of the -- 'commonwealth of australia v. ..... lordships of the judicial committee pointed out at page 772 in the case of the -- 'commonwealth of australia v. ..... learned chief justice relied on thedecision of the judicial committee in the case of the -- 'commonwealth of australia v. ..... lordships do not intend to laydown that in no circumstances could the exclusion of competition so as to create a monopoly either in state or commonwealth agency or in some other body, be justified ..... of new south wales (c)', as follows:'.........their lordships do not intend to laydown that in no circumstances cculd the exclusion, of competition so as to create a monopoly either in a state or commonwealth agency, or in some other body, be justified. ..... reliance was placed by the learned counsel bn the case in 1949-2 all er 755 (c), which is a decision by their lordships of the privy council in an appeal from .....

The Ahmedabad St. Xavier's College Society and Anr. Vs. State of Gujar ...

Court : Supreme Court of India

Reported in : AIR1974SC1389; (1974)1SCC717; [1975]1SCR173

..... . 235 that regulation of freedom of trade and commerce is compatible with their absolute freedom; that section 92 of the australian commonwealth act is violated only when an act restricts commerce directly and immediately as distinct from creating some indirect or consequential impediment which may fairly be regarded as remote ..... the commonwealth [1943] 67 crilr 116 while dealing with section 116 of the commonwealth of australia (constitution) act which provides inter alia that the commonwealth shall not make any law for prohibiting the free exercise of any religion. ..... . (commonwealth of australia and ors. v ..... . the privy council said in commonwealth of australia v ..... the commonwealth [1936] a.c.578 the privy council dealt with the meaning of the words 'absolutely free' in section 92 of the constitution of australia. ..... . 235 as to the extent of regulation, the privy council said:[t]heir lordship do not intend to lay it down that in no circumstances could the exclusion of competition so as to create a monopoly either in a state or commonwealth agency or in some other body be justified ..... . waynes : legislative, executive and judicial powers in australia, 2nd edn. p .....

Chhotabhai Jethabhai Patel and Co. Vs. the Union of India and anr.

Court : Supreme Court of India

Reported in : AIR1962SC1006; [1962]Supp2SCR1

..... 90 of the commonwealth of australia act. ..... under the australian constitution power to impose duties of excise is, as we have said, the exclusive right of the commonwealth parliament; the residuary taxing power remains in the states. ..... 90 and the learned chief justice, after referring to them in detail, observed : 'we find it impossible to say that the expression 'duties of excise' even in australia is limited to duties imposed in connection with the production of a commodity alone. ..... as explained by wynes [wynes' legislative, executive and judicial powers in australia (second edition), at page 504] : 'in canada, the distribution of taxation is based upon the direct and indirect character thereof, the provincial power being limited to direct taxation within the province. ..... we should be disposed to say on the contrary that in australia all taxes on the sale of commodities are, or may be regarded, as, duties of excise................... ..... in view of what has been said above the cases decided in canada or australia cannot have any application. 77. ..... 360 related to the constitutional validity of the excise tariff act, 1902, passed by the commonwealth parliament. ..... 90 of the commonwealth of australian act were cited to the federal court in the province of madras v. ..... the commonwealth 11 c.l.r. ..... pathak referred us to some of the decisions in australia and in particular to parton v. ..... it was in this sense that the word 'duty of excise' was understood in australia (peterswald v. .....

M/S. Innoventive Industries Ltd Vs. Icici Bank

Court : Supreme Court of India

..... . on the other hand, the commonwealth of australia constitution act of 1900, also enacted by the british parliament, has a scheme by which parliament, in section 51, has power to make laws with ..... the australian constitution reads as under: when a law of a state is inconsistent with a law of the commonwealth, the latter shall prevail, and the former shall, to the extent of the inconsistency, be invalid. ..... even in the absence of intention, a conflict may arise when both state and 68 commonwealth seek to exercise their powers over the same subject-matter (victoria ..... . declares the similarly dixon, j.observed thus:- parliament the of when the commonwealth and the parliament of a state each legislate upon the same subject and prescribe what the rule of conduct shall be, they make laws which are inconsistent, notwithstanding that the ..... it 65 the court therefore bringing the jurisdiction to convict, the state law empowering to convict summarily, the commonwealth law making the contravention an indictable offence, and into operation ..... constitution, requiring a jury; (3) the penalty, the state providing a maximum of 50 the commonwealth act prescribing a maximum of 100, or imprisonment, or both; (4) the tribunal ..... v. palmer (38 clr441 knox, c.j.observed as follows:- by rules prescribed the the commonwealth law and the state law respectively are for present purposes substantially identical, but the penalties imposed for the contravention differ in these circumstances, it is i think, clear that the .....

N. Balaraju and ors. Vs. the Hyderabad Municipal Corporation Through t ...

Court : Andhra Pradesh

Reported in : AIR1960AP234

..... the dried fruits act 1928-35 of the parliament of the commonwealth of australia as also the regulations made under that act which had prevented the appellant, who was a grower and processor of dried fruits in the state of south australia from sending his dried fruits out of south australia in fulfilment of various inter-state contracts, which he had made.disagreeing with the view of the high court of australia, their lordships held that the dried fruits act. ..... the act and the regulations made thereunder either prohibited inter-state trade entirely if there was no licence or partially prohibited it if a licence was granted in accordance with the act and, as such, violated section 92 of the commonwealth of australia constitution act, the purpose of which has already been set out. ..... it may be mentioned here that section 92 of the commonwealth of australia constitution act is similar to article 301 of the constitution.16. ..... referring to the observations of lord porter in commonwealth of australia v. ..... commonwealth of australia, 1936 ac 573.12. .....

Bijoe Emmanuel and ors. Vs. State of Kerala and ors.

Court : Supreme Court of India

Reported in : AIR1987SC748; 1986CriLJ1736; 1986(0)KLT1037(SC); 1986(2)SCALE217; (1986)3SCC615; [1986]3SCR518

..... it does not mean that the mere fact that the commonwealth parliament passes a law in the belief that it will promote the peace, order and good government of australia precludes any consideration by a court of the question whether or not such a law infringes religious freedom. ..... teachers and the school board, in the case now being considered, in good faith prescribed the ceremony of the flag salute only with the thought of inculcating respect for the flag and the empire or commonwealth of nations which events of recent years have given more abundant reason than ever before to love and respect. ..... commonwealth (supra) arose out of an action to restrain the commonwealth of australia from enforcing the national security (subversive associations) regulations to the jehovah's witnesses.6. ..... it is stated,jehovah's witnesses are an association of persons loosely organized throughout australia and elsewhere who regard the literal interpretation of the bible as fundamental to proper religious beliefs.jehovah's witnesses believe that god, jehovah, is the supreme ruler of the universe. ..... the commonwealth 1947 67 clr 116 (supra) and those of the american ' supreme court in west virginia state board of education v. ..... the commonwealth 1943 clr 116 (supra), a decision of the australian high court quoted by mukherjea, j. ..... commonwealth (1943) 67 clr 116 a case decided by the australian high court. .....

S.R. Bommai and Others Etc. Etc. Vs. Union of India and Others Etc. Et ...

Court : Supreme Court of India

Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644

..... legislative powers on the states and the commonwealth, whereas list ii, schedule vii of our constitution confers exclusive powers of legislation on the states, thus emphasising the federal nature of our constitution; (e) the enactment in article 352 of the emergency power arising from war or external aggression which threatens the security of india merely recognises de jure what happens de facto in great federal countries like the u.s., canada and australia in times of war, or imminent threat of ..... . the commonwealth of australia and state of victoria [1904] 1 crilr 329, connor. j ..... . on january 25, 1984, however, the secretary of the state for foreign and commonwealth affairs announced suddenly that the staff of the government communications headquarters will no longer be permitted to belong to national trade unions and that they would be permitted to belong to only to a departmental staff association approved by the director ..... .:conclusion on examinability.the trend of decisions in british and commonwealth courts has encouraged me to conclude that, in the unsettled state of australian authority, the validity of reg.5 was open to be attacked in the manner attempted by the council ..... . such application has lost its importance in the united states and in australia; (h) since it is of the essence of the federal principle that both federal and state laws operate on the same individual, it must follow that in case of conflict of a valid federal law and a valid state law, the federal .....

Henry Greer Robinson Vs. State of South Australia

Court : Privy Council

..... action was really justifiable, and such is the question involved in the present appeal, which, while in effect an appeal from the majority decision of the high court of australia in griffen's action is, in form, an appeal from an order of the supreme court of south australia, made in this suit on 26th november 1929, by which, in terms identical with the order in griffen's action, that court, without argument, has again sustained the respondent ..... shegog, in the body of the affidavit, states, with reference to them, that they are: " state documents and consist of communications relating to a department of the government of the state of south australia passing between the officers of the said department relating to the affairs of such department of state, and made by officers of state to other officers of state in the course of their official duty and ..... is moreover another course open which, in the circumstances, seems to their lordships to be in every way preferable, namely to remit the case to the supreme court of south australia with a direction that it is a proper one for the exercise by that court of its power of itself inspecting the documents for which privilege is set up in order to ..... commonwealth of australia (19) where, notwithstanding a certificate from the minister of state of the commonwealth claiming protection for documents on this occasion in terms direct and unambiguous, the learned judge at the trial inspected them and having done so expressed the opinion that the .....

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

Court : Supreme Court of India

..... 85 66 the draft prepared by the constitutional advisor provided a definition of a money bill, which was inspired by section 37 of the government of india act 1935, section 53 of the commonwealth of australia constitution act 190086 and article 22 of the constitution of ireland 1937.87 article 75 of this draft of the constitution provided that if any question arises whether a bill is a money bill or not, the decision of the ..... states and placing residuary powers with the centre - concept of directive principles of states policy - method of election of president - nomination of members in the rajya sabha by the president from ussr from australia from japan from weimar constitution of germany from canada from ireland it was, therefore, but natural to find out the manner in which particular provisions have been interpreted by the constitutional courts of the aforesaid ..... 88 neither section 37 of the government of india act 1935 nor section 53 of the commonwealth of australia constitution act 1900 85 ibid, at pages 427-428 86 the said provision provides: powers of the ..... 63 in india, the categorization of money bills can be said to have begun from the commonwealth of india bill 1925, which was drafted by a national convention comprised of 250 members, with tej ..... commonwealth of australia, (1936) ac578 writ petition (civil) no.494 of 2012 & c onnected matters page 104 of 567 courts in deciding a particular issue by applying different principles, particularly when it comes to the issues .....