Court : Supreme Court of India
Reported in : AIR1977SC1825; (1977)79BOMLR553; 1977MHLJ205(SC); (1977)2SCC670; [1977]2SCR828
..... the observations of the privy council in the australian bank nationalisation case commonwealth of australia v. ..... for their lordships 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. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC220; [1954]1SCR873
..... reference in this connection may be made to the observations of lord porter in commonwealth of australia v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC560; (1958)IIMLJ66(SC); [1959]1SCR379; [1958]9STC353(SC)
..... thus, the position is that in 1935 there was no legislative practice relating to sales-tax either in england or india, and that in america and australia, tax on the supply of materials in construction works was imposed but that was in exercise of the sovereign powers of the legislature by treating the supply as a sale. ..... in 1930, the commonwealth sales tax act was enacted in australia imposing a tax on retail sales. ..... commonwealth of australia [1936] a.c. ..... commonwealth of australia [1936] a.c. ..... 262, the question was whether a law of the commonwealth parliament with respect to radio broadcasting was one with respect to 'postal, telegraphic, telephonic and other like services' under section 51(5) of the australian commonwealth act, and it was answered in the affirmative. 54. ..... vide irving's commonwealth sales tax law and practice, 1950 edn., p. 77. ..... in the absence of legislative practice with reference to sales-tax in this country or in england, counsel for the appellant and the states sought support for their contention in the legislative practice of australia and america relating to that topic. ..... the point to be noted is that under the australian constitution the power to legislate on the items mentioned in section 51 of the constitution act is vested exclusively in the commonwealth parliament. ..... the position in the american law appears to be the same as in australia. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1091; [1967(14)FLR325]; (1967)ILLJ733SC; [1967]2SCR437
..... the three tests were enumerated as follow :- '(1) there may be inconsistency in the actual terms of the competing statutes; (2) though there may be no direct conflict, a state law may be inoperative because the commonwealth law, or the award of the commonwealth court, is intended to be a complete exhaustive code; and (3) even in the absence of intention, a conflict may arise when both state and commonwealth seek to exercise their powers over the same subject-matter.' 13. ..... the commonwealth of australia and others 58 c.l.r. ..... 303, to determine inconsistency or repugnancy between a state law and a commonwealth law in australia. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC728; (1954)IIMLJ622(SC); [1955]1SCR707
..... it is true, as lord porter observed, that section 92 does not create any new juristic rights but it does give the citizens of the state or the commonwealth, as the case may be, the right to ignore and, if necessary, to call on the judicial power to help him to resist legislative or executive actions which offend against the section. ..... as a proposition of law, the first ground may not admit of any dispute but we think that the observations of lord porter in the privy council case of commonwealth of australia and others v. ..... that in regard to section 92 of the australian constitution, which so far as inter state trade is concerned adopts almost the same language as article 301 of our constitution, it has been definitely held by the judicial committee in the case of commonwealth of australia v. ..... 'their lordships do not intend to lay it down', thus observed lord porter, '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. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC2707; 2001(4)Crimes145(SC); JT2001(6)SC446; 2001(5)SCALE269; (2001)7SCC126
..... commonwealth of australia 108 alr 577, as also educative:the constitution nonetheless brought into existence a system of representative government in which those who exercise legislative and executive power are directly chosen by the people.... ..... thus, we find from the positions prevailing in england, australia and canada that essentials of a system of representative government, like the one we have in our country, are that invariably all ministers are chosen out of the members of the legislature and only in rare cases, a non- ..... -- this clause follows the recent constitutions of australia and south africa, but it is not in the canadian constitution, and is no part of the english constitution. ..... the following observations of the high court of australia in state of new south wales v. ..... (in canada he must get elected quickly and in australia within three months). ..... canada as well as australia also follow parliamentary system of government of west minister style.29. ..... ' dealing with conventions being followed in australia, mr. .....
Tag this Judgment!Court : Kolkata
Reported in : 1994(74)ELT827(Cal)
..... it is true, as has been said more than once in the high court, that section 92 does not create any new juristic rights but it does give the citizen of state or commonwealth, as the case may be, the right to ignore, and, if necessary, to call on the judicial power to help him to resist, legislative or executive action which offends against the section. ..... in dealing with the contention that no individual right was guaranteed by section 92 of the commonwealth of australian constitution act, the judicial committee in commonwealth of australia v. ..... the commonwealth of australia - (1936) ac 578] are important. ..... article 301 of the constitution is borrowed almost verbatim from section 92 of commonwealth of australian constitution act 63 and 64 viet. c. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC159; [1962]3SCR146
..... commonwealth of australia (1936) a.c. ..... 262, the question was whether a law of the commonwealth parliament with respect to radio broadcasting was one with respect to 'postal, telegraphic, telephonic and other like services' under section 1(5) of the australian commonwealth act, and the court held that the words were wide enough to take in radio broadcasting. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC1443; (1975)2SCC131; [1975]SuppSCR473
..... , and of all provisions consequential thereto, in so far as they were sought to be applied to public motor vehicles operating in the course of or for the purposes of inter-state trade, were held to be invalid for a contravention of section 92 of the constitution of commonwealth of australia. ..... here, the privy council discussed a large number of cases which had a bearing on the interpretation of section 92 of the australian constitution, including commonwealth of australia v. .....
Tag this Judgment!Court : Chennai
Reported in : (2008)220CTR(Mad)298; [2008]304ITR84(Mad); [2009]183TAXMAN234(Mad)
..... commissioner of taxation of the commonwealth of australia [1966] ac 224 (pc), held that,what is capital expenditure and what is revenue are not eternal verities but must need be flexible so as to respond to the changing economic realities of business. ..... australia ltd. v. .....
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