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Ashoka Kumar Thakur Vs. Union of India (Uoi) and ors. (Obc 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

..... and evolution of the principles underlying the constitution (52nd amendment) act, 1985, in so far as it seeks to introduce the tenth schedule in the constitution of india, the provisions of paragraph 7 of the tenth schedule of the constitution in terms and in effect bring about a change in the operation and effect to articles 136, 226 and 227 of the constitution of india and, therefore, the amendment would require to be ratified in accordance with the proviso to sub-article (2) of article ..... constitution;(b) the institutions of excellence, research institutions, institutions of national and strategic importance specified in the schedule to this act;provided that the central government may, as and when considered necessary, by notification in the official gazette, amend the schedule;(c) a minority educational institution as defined in this act;(d) a course or programme at high levels of specialization, including at ..... existence of backwardness in the country and which make a sincere attempt to promote the welfare of the weaker sections thereof should be construed to effectuate that policy and not to give weightage to progressive ..... article 368, it is necessary to remember that article 226, which is included in chapter v of part vi of the constitution, is one of the constitutional provisions which fall under clause (b) of the proviso; and so, it is clear that if parliament intends to amend the provisions of article 226, the bill proposing to make such an amendment ..... 2004) at primary and .....

Flemingo Dutyfree Shops Pvt. Ltd., a Company Incorporated Under the Co ...

Court : Karnataka

Reported in : 2009(5)KarLJ9

..... act;(p) perform any other function considered necessary or desirable by the central government for ensuring the safe and efficient operation of aircraft to, from and across the air space of india;(q) establish training institutes and workshops;(r) any other activity at the airports and ..... land lease dated 30th april 2005 provided land to the bial for construction of the airport on lease basis for a period of 30 years and it continues to be the lessee to the land, no ownership rights are transferred to it, therefore, on the basis of the aforesaid ..... amendment to u.s constitution, which is equivalent to article ..... chapter v(a) of the a.a.i.a act is applicable to the premises in question to follow the procedure for eviction of unauthorized occupants of the airport availing the provisions are on the lines of public premises (eviction of unauthorized occupants) act, 1971 is made applicable to the premises of the third airport which is being managed by bial is one of the strong and ..... 2004 seeking for issuance of declaratory relief to declare that clause 3.2 of the invitation for expression of interest (hereinafter in short referred to as 'e.o.i') issued by the third respondent which is bangalore international airport limited (hereinafter in short referred to as bial'), in which it has sought to restrict issuance of tender documents and consideration of bids only from five persons is arbitrary and discriminatory, that the evaluation of the e.o.i by respondents 3 & 4 with respect to retail and .....

G. Narasimha Murthy Vs. District Collector and ors.

Court : Andhra Pradesh

Reported in : 2006(3)ALD370; 2006(3)ALT433

..... the act (central act 13 of 1985) is an act to provide for the adjudication or trial by administrative tribunals of disputes and complaints with respect to recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of the union or of any state or of any local or other authority within the territory of india or under the control of the government of india or of any corporation or society owned or controlled by the government in pursuance of article 323-a of the constitution and for matters connected therewith or incidental thereto ..... in chandra kumar's case (supra) it was held:in kesavancmda bharati's case, 1973 (4) scc 425 = air 1973 sc 1461, a 13-judge constitution bench, by a majority of 7:6, held that though, by virtue of article 368, parliament is empowered to amend the constitution, that power cannot be exercised so as to damage the basic features of the constitution or to destroy its basic structure. ..... : (1961)illj540sc , it was held that in the interpretation of statutes the courts always presume that the legislature inserted every part thereof for a purpose and the legislative intention is that every part of the statute should have effect and these presumptions will have to be made in the case of rule making authority also. ..... (see section 59 in chapter delegated legislation in francis bennior's statutory interpretation 3rd edn ..... gurram krishnavenamma : 2004(4)ald787 (db), the division bench of which one of us (justice .....

Ashoka Smokeless Coal Ind. P. Ltd. and ors. Vs. Union of India (Uoi) a ...

Court : Supreme Court of India

Reported in : 2007(1)CTLJ1(SC); JT2007(1)SC125; 2006(13)SCALE102; (2007)2SCC640; 2007(2)KCCRSN91

..... as to whether the rights of industrial concerns under article 19(1)(g) are said to be affected having regard to the provisions of the kerala industrial establishments (national and festival holidays) (amendment) act, 1990 whereby the number of national holidays were increased ..... are satisfied therewith; no grievance can be raised that by reason thereof the coal companies had taken recourse to any arbitrary measure; (v) e-auction had to be introduced in view of the fact that linkage and sponsorship as also open sales schemes were found to be defective and furthermore in view of the fact that both linkage and sponsorship schemes had come to an end; (vi) the central government took recourse to the deregulation of coal as it was ..... reasonableness of a statutory provision, whether it is violative of the fundamental right guaranteed under article 19, one cannot lose sight of the directive principles of state policy contained in chapter iv of the constitution as was laid down by this court in saghir ahmad v ..... the sale of country liquor is an excise revenue does not change the nature of ..... the tariff cannot be fixed in such a manner by the board while acting as a private trader and shedding ..... in one of the notices issued on 21.10.2004 for sale of coal to non-core sector through e-auction, it has, inter alia, been stated:bccl is in the process of reformulating its sale and distribution policy with a view to enable genuine and bona fide non-core consumers to purchase coal of their choice subject to .....

Alcove Industries Ltd. Vs. Oriental Structural Engineers Ltd.

Court : Delhi

Reported in : 2008(1)ARBLR393(Delhi)

..... a conjoint reading of sections 11, 12, 13, 14 and 15 contained in chapter iii of the act and section 16 contained in chapter iv of the act impels me to hold that section 13 of the act visualises a 'challenge procedure' where the mandate of the arbitrator is challenged by one of the parties to the arbitration whereas section 14 of the act deals with the failure or impossibility of the arbitrator to act on account of other circumstances such as his inability to perform his functions on account of death, resignation or other reasons, ..... will also avert the situation where even the order chief justice of india could be challenged before a single judge of the high court invoking article 226 of the constitution or before an arbitral tribunal, consisting not necessarily of legally trained persons and their coming to a conclusion that their constitution by the chief justice was not warranted in the absence of an arbitration agreement or in the ..... moved in november, 2006 by the petitioner to amend the petition in the light of the facts disclosed ..... and permitting a challenge to the independence or impartiality of an arbitrator, recognized neutrality and fairness to be the hallmark of an arbitral tribunal absence whereof, would vitiate the proceedings striking at the validity, authenticity and the bona fide ..... jal board 2004 (3) raj 32 has observed that 'only a well founded and justifiable doubt about the arbitrator covered by section 12 of the act can be ..... central warehousing corporation and .....

Yashwant Venilal Sanghvi Vs. Sahdevsinh Dilubha Zala

Court : Gujarat

Reported in : (2006)3GLR1873

..... bihar, the high court in the exercise of powers under art.226 in a public interest litigation took the investigation away from the state police and entrusted it to central bureau of investigation and such power was neither exercised to give any advantage to a political party or group of people nor to cast a slur on the ..... of citizens of india; (iii) that the accused did so with the deliberate and malicious intention of outraging the religious feelings of that class.63. so far as the legislative history of this section is concerned, it is to be noted that it has been introduced by criminal law amendment act (xxv of 1927), section 2 ..... or the religious beliefs of that class, and these twin requirements should be satisfied to make out a prima facie case but merely because a person 'x' or 'y' says that a particular person or persons are responsible for the publication of the offending article, without making out a prima facie case ..... the stage when the court intends to take cognizance of an offence under section 190(1) of the code and it has nothing to do with the statutory power of the police to investigate into an fir which discloses a cognizable offence, in accordance with chapter xii of the code even if the offence is alleged o have been committed in, or in ..... and sikh in the said book and communal disputes amongst different religious sects and denominations thereof ..... registered as cr no.i-115 of 2004 for commission of offences as mentioned earlier and it is the registration of .....

Union of India (Uoi) and anr. Vs. Shanker Raju

Court : Delhi

Reported in : 150(2008)DLT545; 2008(100)DRJ742

..... chapter relating to tribunals is dealt with in part xiv-a of the act, which contains two provision, namely, article 323a and ..... the respondent on the other hand, contends that as per rule 12 of the central administrative tribunal (salaries and allowances and conditions of service of chairman, vice-chairman and members) rules, 1985 which are framed under article 309 of the constitution of india and, thereforee, are having statutory flavour, a member of the tribunal is entitled to the use of an official residence of the type admissible to an officer of the rank of secretary to the government of india stationed ..... submission was that the administrative tribunal (amendment) act, 2006 promulgated on 29.12.2006 in proviso to section 10 envisages that in case of a serving government servant appointed as a member, he shall be deemed to have retired from service but a subsequent service as member on his option has to be treated as a post-retirement re-employment counting for pension and other retirement benefits. ..... the court took into consideration company law board (qualification, experience and other conditions of service of members) rules, 1993, it was found that as per rule 4 thereof, the selection of member was to be made in consultation with the chief justice ..... the case of the petitioner is that the waiting list is prepared on the basis of office memorandum dated 24.7.2004 which restricts allotment of type c-i accommodations to those officials who are drawing the fixed emoluments of rs. .....

S.B.P. and Co. Vs. Patel Engineering Ltd. and anr.

Court : Supreme Court of India

Reported in : AIR2006SC450; 2006(1)ALD10(SC); 2005(3)ARBLR285(SC); 2006(1)AWC538(SC); 2006(1)BomCR585; [2005]128CompCas465(SC); (2006)2CompLJ7(SC); 2005(5)CTC302; (2006)3GLR2097; [2006(1

..... decide his own jurisdiction, if the arbitration agreement so provides, however, subject to final determination by a competent court.the court stated:'as explained earlier the scheme that emerges on a combined reading of sections 3 and 7 of the foreign awards act clearly contemplates that questions of existence, validity or effect (scope) of the arbitration agreement itself, in cases where such agreement is wide enough to include within its ambit such questions, may be decided by ..... after noticing the statement of objects and reasons for the act and after comparing the language of section 11 of the act and the corresponding article of the model law, it was stated that the act has designated the chief justice of the high court in cases of domestic arbitration and the chief justice of india in cases of international commercial arbitration, to be the authority to perform the function of appointment of an arbitrator, whereas under the model law, ..... the law commission, in 176th report on arbitration and conciliation (amendment) bill, 2001, after referring to the relevant rules and legal opinion, stated:it is, therefore, clear that the icc rules and the opinion of jurists support the view that at the stage of section 11, it ..... , in particular the view taken in paras 18 to 21 thereof, which is by a constitution bench.be placed before a seven ..... court to make interim orders.chapter iii provides for composition of ..... after quoting the above passage from the central talkies ltd. ..... 2004, 14033-14034/2004 .....

Radheshyam Makhanlal Vs. Union of India and ors.

Court : Mumbai

Reported in : AIR1960Bom353; [1960]40ITR624(Bom)

..... two questions fall to be determined : (i) whether the union parliament was competent to enact section 3 of the indian income-tax (amendment) act, 1959 (1 of 1959), whereby section 49ee was incorporated in the indian income-tax act, 1922, prohibiting the entertainment of claims for refund of money paid or security furnished pursuant to settlements relating to assessment or reassessment and conferring power upon the income-tax officer, the appellate assistant commissioner or the commissioner to set off in certain cases ..... to constitute a commission to be called the income-tax investigation commission to investigate and report to the central government on all matters relating to taxation on income, with particular reference to the extent to which the existing law relating to, and procedure for the assessment and collection of such taxation was adequate to prevent the evasion thereof, and to investigate in accordance with the provisions of the act any case or points in a case referred to it under section 5 and make a report thereon in respect of all or any of the assessments ..... . by the amendment made to the constitution now clauses (1) and (2) of article 31 do not deal with the same subject-matter ..... . (1c) any sum specified in a settlement arrived at in pursuance of sub-section (1b) may be recovered and any penalty for default in making payment of any such sum may be imposed and recovered in the manner provided in chapter vi .....

K.T. Plantation Pvt. Ltd. and anr. Vs. State of Karnataka

Court : Supreme Court of India

..... the forty fourth amendment act, inserted in part xii, a new chapter: chapter iv - right to property and inserted article 300a, which reads as follows:- no person shall be deprived of property save by authority of law. ..... we are in these cases, primarily concerned with the scope of the forty fourth amendment 1978, which deleted article 19(1)(f) and article 31 from the constitution of india and introduced article 300a, and its impact on the rights of persons, who are deprived of their properties. ..... collector of customs and central excise, cochin and ors. ..... further the learned author has also opined that the repeal of article 19(1)(f) and 31(2) could have repercussions on other fundamental rights or other provisions which are to be regarded as part of the basic structure and also stated that notwithstanding the repeal of article 31(2), the word compensation or the concept thereof is still retained in article 30(1a) and in the second proviso to article 31a(1) meaning thereby that payment of compensation is a condition of legislative power in entry 42 list iii 112. ..... union of india & others (2004) 4 scc 311, malpe vishwanath achraya & others v. ..... and another (2004) 6 scc 36; bhuwalka steel industries ltd. v. ..... rasheed & others (2004) 4 scc 460, south india corporation (p) ltd. v. ..... & another (2004) 3 scc 1, printers (mysore) ltd. v. m. a. ..... (2004) 10 scc 796; bihar state electricity board v. .....