Court : Gujarat
Reported in : (2006)1GLR558
..... contend that the said act is not a complete code in itself and that philosophy as manifested in section 127 of the maharashtra regional and town planning act, 1966 can be adopted in the present case also.11.9 reliance was also placed on the decision of the hon'ble supreme court in the case of collector of central excise v. ..... plan having come into operation, the petitioners had a right to call upon the respondents to acquire the land in question for the stated purpose and if such acquisition by agreement was not carried out within a period of six months thereof or no steps were taken for commencement of the acquisition other wise than by agreement, the petitioners would have a right to insist that the ..... way of amendments permitted by the court have challenged the subsequent notification dated 28th september 2004 issued by ..... absurdity or some repugnance or inconsistency with the rest of the instrument, in which case the grammatical and ordinary sense of the words may be modified so as to avoid that absurdity and inconsistency, but no further.19.3 in the decision of bhavnagar university (supra) also the hon'ble supreme court observed that it is the basic principle of construction of statute that the same should be read as a whole, then chapter by chapter, section by section and word by word. ..... of legislative or administrative or quasi-judicial exercise of power is liable to attract the prohibition of article 14 of the constitution and equality and arbitrariness are sworn enemies. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2009SC2649; 2009(3)AWC2740(SC); 2009(57)BLJR2083; 2009(6)BomCR413; 2010(I)OLR(SC)452; 2009(5)SCALE559; (2009)6SCC99; 2009(6)LC2774(SC); 2009AIRSCW4075
..... committed a serious error in passing the impugned judgment insofar as it failed to take into consideration that the amendment carried out in the act by reason of the 2005 act is only prospective in nature, as would be evident from the report of the law commission as also the statement of objects and reasons thereof and, thus, the impugned judgment is liable to be set aside. ..... 2004) 18 bhrc 52 declared the black administration act, 1927 (south africa) and the regulations of the administration and distribution of the estates of deceased blacks (south africa) ultra vires as in terms whereof the customary law of succession where principle of male primogeniture was central to customary law of succession was provided for.it was held by the majority that the rule of male primogeniture as it applied in customary law to the inheritance of property was inconsistent with the constitution and ..... where we should exercise our discretionary jurisdiction under article 136 of the constitution of india as the fact remains that section 23 of the hindu succession act as it stood was to be applicable on ..... female heirs were conferred equal right in the matter of succession and inheritance with that of the male heirs.section 8 of the act reads as under:8 - general rules of succession in the case of malesthe property of a male hindu dying intestate shall devolve according to the provisions of this chapter--(a) firstly, upon the heirs, being the relatives specified in class i of the schedule;(b) secondly, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2007(1)CTLJ1(SC); JT2007(1)SC125; 2006(13)SCALE102; (2007)2SCC640; 2007(2)KCCRSN91
..... 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 ..... 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 ..... 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 ..... of country liquor is an excise revenue does not change the ..... development as for example, power, steel, cement, defence, fertilizer, railways, paper, aluminium, export, central public sector undertaking etc. ..... tariff cannot be fixed in such a manner by the board while acting as a private trader and ..... 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 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC212; (2006)1GLR294; [2006(2)JCR272(SC)]; JT2005(12)SC580; RLW2006(1)SC705; 2005(8)SCALE661; (2005)8SCC534; 2006(1)LC240(SC)
..... agriculture and its economic system.in order to give effect to the policy of the state towards securing the principles laid down in articles 47, 48 and clause (b) and (c) of article 39 of the constitution of india, it was considered necessary also to impose total prohibition against slaughter of progeny of cow.as the gujarat legislative assembly was not in session the bombay animal preservation (gujarat amendment) ordinance, 1993 to amend the said act was ..... article 19(1) are not subject only to articles 19(2) to 19(6); the provisions contained in the chapter on directive principles of state policy can also be pressed into service and relied on for the purpose of adjudging the reasonability of restrictions placed on the fundamental rights.question - 2 fundamental rights and articles 48, 48-a and ..... be taken by the state government and the central government for development and conservation of food and fodder (see paras 37-41 of the report at pages 130-135).so far as the state of gujarat is concerned, we have already noticed, while dealing with the documentary evidence available on record, that fodder shortage is not a problem so far as this state is concerned and cow progeny, the slaughtering whereof has ..... act, section 5 of the bombay act, which was called 'the principal act' in the gujarat act of 1961, was also amended by section 4 thereof ..... a copy of the letter dated 8.3.2004 indicting sufficient fodder for the year 2004, addressed to deputy commissioner, animal husbandry government .....
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
..... 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 .....
Tag this Judgment!Court : Mumbai
Reported in : 2007(6)ALLMR96
..... shall be liable to disclose or furnish any such information in respect of his election which is not required to be disclosed or furnished under the act or the rules made thereunder, is on the face of it beyond the legislative competence, as this court has held that voter has a fundamental right under article 19(1)(a) to know the antecedents of a candidate for various reasons recorded in the earlier judgment as well as in this judgment.amended act does not wholly cover the directions issued by this court. ..... chapter v of the said hand book relates to nomination and chapter vi relates to scrutiny thereof. ..... . 7 & 8 :-according to the petitioner, r-1 indulged in corrupt practice of bribery by offering mass feeding to poor voters at two places (i) at the rear pendol situated at his election office at hb town from 21.9.2004 to 13.10.2004 where meals were hosted for about 5000 persons daily and (ii) on 25.9.2004 r-1 hosted dinner for about 1000 persons at memon hall, satranjipura ..... he hosted meals for about 5000 persons daily from 21.9.2004 to 13.10.2004 inducing the electors to vote for r-1. ..... the facts which are undisputed can be stated thus:the programme of general election 2004 for maharashtra legislative assembly was declared on 15.9.2004 as under:i) last date for submission of nomination papers 22.09.2004ii) scrutiny of nomination papers 23.09.2004iii) last date for withdrawal of nomination papers 25.09.2004iv) polling 13.10.2004.v) declaration of result 16.10.2004. 3. .....
Tag this Judgment!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 .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR737
..... jumbo council of ministers putting immense pressure on the state revenue, the parliament in its wisdom added article 164(1a) to the constitution of india by constitution 91st amendment act, 2003 which came into effect from 1.1.2004. ..... prosecutor complained that a parliamentary secretary, such as the respondent, was not, by the ministers of state and other legislation amendment act 2000 (cth) or otherwise, a minister, still less a minister administering a department as, it was ..... circumstances exist which render it necessary for him to take immediate action, he may promulgate such ordinances as the circumstances appear to him to require:* * *(2) an ordinance promulgated under this article shall have the same force and effect as an act of the legislature of the state assented to by the governor, but every such ordinance -(a) shall be laid before the legislative assembly of the state, or where there is a legislative ..... june 2000 with respect to the prosecutor thus answered the requirement in section 501(4) that the power under sub-section (3) thereof only be exercised by the minister personally.xxxxx xxxxx xxxxxconstitutional issues198 there remain the arguments presented by the prosecutor which are ..... 2000 provision, parliamentary secretaries were appointed under the parliamentary secretaries act 1980, and were not paid any remuneration of office but were reimbursed for expenses(reference : parliament of australia senate - chapter 19 - relations with the executive government - http:// www .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3106; JT2006(8)SC293; 2006(6)KarLJ457; 2006(8)SCALE710; (2006)11SCC731
..... the writ petition on 12.04.2002 and held:a) that the impugned amendment of the regulations was illegal since the same was contrary to section 7(1)(d) of the act;b) that the appointment of the appellant is illegal since, being a chief engineer of the board, he was disqualified under section 7(1)(d) of the act and hence his appointment was contrary to the provisions of sections 7(1)(d), 68 and 69 of the act, rules and regulations;c) that the appointment was ..... revisional power over the orders of the board of revenue which it did not have as per board's standing orders count at any time be modified or amended and that if the government had power to bring about such modifications it followed that the government had power of revision though in terms such power was not ..... [1953]4scr655 , a constitution bench of this court while dealing with a case of a contract appointment which was being terminated by notice under one of its clauses, this court held that articles 14 & 16 had no application as the petitioner therein was not denied equal opportunity in a matter relating to appointment or employment who had been treated just like any other person to whom ..... was further submitted that ordinary principles of recruitment applicable to posts governed by chapter i of part xiv of the constitution of india would not apply to the ..... 2004 was filed for a writ of certiorari, writ of quo warranto and any other writ, order or direction under article ..... to challenge the nominations made by the central government. .....
Tag this Judgment!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 .....
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