Court : Supreme Court of India
Reported in : AIR1976SC1207; 1976CriLJ945; (1976)2SCC521; [1976]SuppSCR172; 1976(8)LC610(SC)
..... merely in pursuance of the policy laid down by the central government in entrusting the distribution of sugar exclusively to co-operative societies. in bennett coleman company's case the impugned newsprint control policy was an emanation of the old policy which was enunciated prior to the proclamation of emergency. relying on ibrahim ..... ? blind, unquestioning obethence does not flourish on english soil, said lord simonds in christie v. leachinsky [1947] a.c. 573 ,591 will it flourish on indian soil these broadly are the sensitive questions for decision and importantly, they arise in the wake of * proclamations of emergency issued by the president424. part xviii of the ..... are well housed ,we fed and well treated., is almost maternal even parents have to take appropriate preventive action against these children who may threaten to burn down the house they live in.419. if there are, under our constitution some obligations or overriding powers or duties vested in superior courts as learned .....
Tag this Judgment!Court : Kerala
Reported in : AIR1986Ker86
..... general insurance business (nationalisation) act. that scheme was challenged as beyond the competence of the central government, since the merger of the insurance companies into four companies in aid of which alone schemes could be framed, had already become effective long prior to the date of issue of the fresh scheme. ..... rules, civil services (temporary service) rules, revised leave rules, civil service regulations, civilians in defence service (classification, control and appeal) rules or the indian railway establishment code or any other rules or regulations that may be notified in this behalf by the appropriate government in the official gazette apply.' according to ..... non-compliance with section 9a of the i.d. act will invalidate ext. p3. counsel for the petitioners referred to the decisions of the supreme court reported in indian oil corporation v. workmen : (1975)iillj319sc (withdrawal of compensatory allowance) tata iron & steel co. ltd. v. workmen : (1972)iillj259sc , (change in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC597; (1978)1SCC248; [1978]2SCR621
..... commissions of inquiry constituted by the government of india to inquire into excesses committed during the emergency and in respect of matters concerning maruti and its associate companies and the central government was of the view that the petitioner should be available in india to give evidence before these commissions of inquiry and she should ..... in all india bank employees' association v. national industrial tribunal : (1961)iillj385sc . the legislation which was challenged in that case was section 34a of the banking companies act and it was assailed as violative of article 19(1)(c). the effect of section 34a was that no tribunal could compel the production and inspection of any ..... politics of the party-in-power or the planning economics of the government of the day? is it conceivable that an indian will forfeit his right to go abroad because his flowing side-burns or sartorial vagaries offend a high-placed authority's sense of decency the point is that liberty can be curtailed only if .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC2178; JT1993(1)SC474; 1992(2)SCALE703; (1993)1SCC645; [1993]1SCR594
..... (or the corresponding legislation, if any, e.g., tamil nadu religious and charitable endowments act and a.p. religious and charitable endowments act.) no individual, firm company or other body of individuals, by whatever appellation called - except those mentioned above - will be permitted to establish and/or administer a professional college. all the ..... of institutions have sprung up in the country that style themselves:medical college; andwhereas, such institutions charge large sums as capitation fees, a practice which the indian medical association and the medical council of india have opposed a number of times; and whereas, such institutions neither have suitable buildings, nor proper equipment and ..... establish an educational institution under article 19(1)(g)?3. does recognition or affiliation make the educational institution an instrumentality?7. all these matters raise a burning issue; as to how to put an end to the evil of capitation fee or at least to regulate it.8. as a prelude, the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(56)BLJR1292; 2008(3)CTC97; [2008(3)JCR176(SC)]; JT2008(5)SC1; (2008)3MLJ1105(SC); 2008(5)SCALE1; (2008)6SCC1; 2008AIRSCW2899; 2008(3)Supreme331; 2008(2)LH(SC)1534
..... accepted.the rule of grammatical construction has been accepted in india before and after independence. in the state of travancore- cochin and ors. v. bombay company ltd., alleppey air 1952 s.c. 366, chief justice patanjali sastri delivering the judgment of the court, said:it remains only to point out ..... that interpretation of a statute being an exercise in the ascertainment of meaning, everything which is logically relevant should be admissible. recently, an eminent indian jurist has reviewed the legal position and expressed his agreement with julius stone and justice frankfurter. of course, nobody suggests that such extrinsic materials should ..... sole factor and it cannot lead to the imposition of quotas, which are per se unconstitutional - each of these propositions has been rejected in indian law and the indian constitution neither admits 'suspect classification' nor 'strict scrutiny'. the constitutionality of quotas has been repeatedly affirmed and reliance by the petitioners on the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC68; (1977)4SCC608; [1978]2SCR1
..... the persons who might be responsible for any excessive or improper payments, or favouritism, or misappropriation, or irregularity, mentions certain contracts in favour of various companies, or parties under 32 heads. it then states, as a separate item of inquiry, the question as to who were the persons responsible in the ..... and state levels did not reflect a truly federal demarcation of powers based on any separatist sentiments which could threaten the sovereignty and integrity of the indian republic to which members of our constituent assembly seemed ardently devoted, particularly after an unfortunate division of the country with certain obviously disastrous results. ..... experience gathered from all corners of the earth, so that we have a constitution which, as mr. granville austin suggests in his book on 'the indian constitution : the cornerstone of a nation', resembles a coat of various colours.69. our constitution may be lengthy and considerably more comprehensive and elaborate than .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1983Bom317; (1983)85BOMLR134
..... case of basant kumar sarkar v. eagle rolling mills ltd. : (1964)iillj105sc and in mohmedalli v. union of india : (1963)illj536sc , kerala state electricity board v. indian aluminium company : [1976]1scr552 , and registrar of co-operative societies v. kunjabmu : [1980]2scr260 . in our opinion, therefore, section 73bb can properly be described as a piece of ..... not appear to have been taken before the supreme court and accordingly, this aspect was not considered by the supreme court. in kerala state electricity board v. indian aluminium company limited, : [1976]1scr552 , section 2(a) of the kerala essential articles control (temporary powers) act, 1962, was challenged, inter alia, on the ..... contained in section 11 of the industrial disputes act, 1947 (14 of 1947), or any other law for the time being in force, no banking company shall, in any proceeding under the said act or in any appeal or other proceeding arising therefrom or connected therewith, be compelled by any authority before which .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : (1984)IILLJ140AP
..... part iv undertakes diverse welfare activities and as a result, has established various corporations - statutory as well as those created under the provisions of the companies act or the co-operative societies act, etc. who have been carrying on business of public importance or welfare activities as delegates of the state ..... st. xavier's college v. state of gujarat : [1975]1scr173 . therein, the myth of privilege theory, sufficiently and succinctly, was exploded on the indian soil too and the 'principle of unconstitutional constraints' received hospitable transplantation in our judicial dicta replenishing the constitutional contours to enliven the goals set out by the ..... an independent and impartial tribunal established by law. the constitution makers are fully aware of these fundamental humanising principles while assuring to the people under the indian constitution and couched, as against the state under art. 14 in negative terms and under art. 16(1) in positive form, assuring equality of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... (2) has undergone several changes. as originally enacted it read thus: no property, movable or immovable, including any interest in, or in any company owning, any commercial or industrial undertaking, shall be taken possession of or acquired for public purposes under any law authorising the taking of such possession ..... 'all our paper constitutions will become useless and purposeless.... * * * * *'the choice for india, 'wrote santhanam,'...is between rapid evolution and violent revolution...because the indian masses cannot and will not wait for a long time to obtain the satisfaction of their minimum needs.' * * * * *what was of greatest importance to most ..... measures strengthened the demand for constitutional guarantees of fundamental rights. as far back as 1895, the constitution of india bill, prepared by some eminent indians, envisaged for india a constitution guaranteeing to everyone of our citizens freedom of expression, inviolability of one's house, right to property, equality before .....
Tag this Judgment!Court : Kolkata
Reported in : (1996)2CALLT183(HC),100CWN900
..... nationalisation is only in implementation of the policy declared in clause (b) of article 39.in the recent decision, of this court in tinsukhia electric supply company, the tinsukhia electric supply undertaking (acquisition) act, 1973 was challenged as unconstitutional. the contention that the act was entitle to the protection under article ..... of the constitutional amendments no amount at all is required to be paid for is accepted, the same would amount to confiscation and not acquisition. indian constitution postulates a civilised society. the founding fathers were aware of the distinction between the power to acquire under the constitutional provisions as contained in ..... done away with retrospective effect from 5th may. 1953. reference in this connection has been made in the matter of cauvery water disputes tribunal reported in : air1992sc522 , indian aluminium co. v. state of kerala and ors. reported in : [1996]2scr23 and state of haryana and ors. v. karnat co-op. farmers' society ltd. .....
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