Court : Karnataka
Reported in : 2007(1)KarLJ1
..... court will always have to keep in mind the real purpose underlying the incorporation of these provisions in the fundamental rights chapter.when a challenge is raised before a court against the validity of any statute as contravening the fundamental rights guaranteed under articles 25 and 26 it is from the above perspective that the court will approach the question and the tests to be applied for adjudging the validity of the statute will be the same irrespective of whether the person ..... padubidri raghavendra rao, learned senior counsel says that sections 9 to 16 occurring in chapter in of the act and the corresponding rules 5 to 16 in relation to the archaks and temple servants ignoring the rights of hereditary archaks and hereditary office-holders and dislodging the same and ignoring the hereditary rights would be in violation of the provisions of the constitution. ..... secularism has been inserted in the preamble by reason of the constitution 42nd amendment act, 1976. ..... no doubt, the freedom guaranteed by these two articles applies not merely to religious minorities but to all persons (article 29) and all religious denominations or sections thereof (article 26). ..... of course, this judgment has been subsequently notice in 2004(4) scc 661 and the supreme court has chosen to refer to a larger bench. ..... hinduism is then both a civilisation and a conglomerate of religions with neither a beginning, a founder, nor a central authority, hierarchy, or organisation. .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(4)BomCR414; 2009(111)BomLR502
..... non-agricultural land assessment act (14 of 1963) (as amended by act 28 of 1974), are not ultra vires because article 285 does not apply when the property to be taxed is not of the union of india but of a distinct and separate legal entity. ..... granted or deemed to have been granted by a state government to any person are acquired under this act the central government shall, on and from the date of such vesting, be deemed to have become the lessee of the state government as if a mining lease under the mineral concession rules had been granted by the state government to the central government, the period thereof being the entire period for which such a lease could have been granted by state government ..... provisions of section 12 along with its subsection (3) are reproduced in paragraph 11 & 12 of this report and then in paragraph 13 provisions of chapter iv which sets out functions of the authority are discussed. ..... : [1982]2scr1 western coalfields ltd & bharat aluminium company ltd. v. ..... 5523/2004 is shown to urge that this court on earlier occasion, had reminded the matter back after noticing that the orders of non-agricultural assessment did not show any application of mind to the nature and status of the ..... to alienate is 'sine qua non' for ownership or vesting and for this proposition support is being drawn from 2004 (4) bom.c.r. ..... 1110/2007 challenges assessment orders dated 3/3/2005, demand notices dated 7/3/2005, 19/11/2004 & 13/10/2006 by tahasildar, rajura (district chandrapur). w. p. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : 2000(4)MPHT288
..... , this court found that section 35 of the central excises & salt act, 1944 (excise act) gave a right to appeal. ..... claims tribunal shall have all the powers of a civil court for the purpose of taking evidence on oath and of enforcing the attendance of witnesses and of compelling the discovery and production of documents and material objects and for such other purposes as may be prescribed; and the claims tribunal shall be deemed to be a civil court for all the purposes of section 195 and chapter xxvi of the code of criminal procedure, 1973 (2 of 1974). ..... where appeal lies under the statute, quantum, of compensation cannot be questioned at the instance of insurance company having limited defences, the award cannot be assailed in civil revision or for that matter in a writ petition under article 227 of the constitution of india, while the opinion of the bench in ramdas patil's case (supra) was to the contrary. ..... power to make an order under section 140 conferred on the claims tribunal under special law and any order passed by the tribunal is not to be affected obviously in any manner by the provisions of the code of civil procedure, including section 115 thereof.para 15: with respect, we may say that in case of gaya prasad, 1992 acj 200 (mp), the point of controversy was whether against an order of interim award passed under section 140, an appeal lies ..... principle has been introduced in section 115 of the civil procedure code by means of sub-section (2) incorporated by amendment act no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(56)BLJR2254; 2008AIRSCW5964; 2008(4)LH(SC)2896
..... chapter ii of the act enables the central government to take measures as may be necessary or expedient inter alia for the purpose of preventing and combating abuse of and illicit traffic therein including constitution of an authority or hierarchy of authorities by such name or names as may be specified in the order for the purpose of exercising such of the powers and functions of the central government under the act and for taking measures with respect to such of the matters referred to in sub-section (2) as being specified therein, subject, of ..... may lead to a harsh sentence having regard to the doctrine of 'due process' as adumbrated under article 21 of the constitution of india require striking of balance between the need of law and enforcement thereof, on the one hand, and protection of citizen from oppression and injustice on the other. 51. ..... act was enacted to consolidate and amend the law relating to narcotic drugs to make stringent provisions for the control and regulation of operations relating to narcotic drugs and ..... of central excise and anr ..... to the courts' interpretative obligation under the human rights act 1998 section 3 as 'a very strong and far-reaching one, and may require the court to depart from the legislative intention of parliament' ([2004] ukhl 43, para 28). ..... reach a different conclusion from the legislature only when it is apparent that the legislature has attached insufficient importance to a person's convention rights (lord nicholls, [2004] ukhl 30, para 19. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : I(2005)ACC83; [2004(4)JCR163(SC)]; 2004(5)SCALE822; (2004)5SCC364
..... clause 6 of article 19 of the constitution was amended by the constitution (first amendment) act, 1951 which came into force on 18^th june, 1951 and it reads as under: "(6) nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the state from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular nothing in the said sub-clause ..... section 41 of the act gives the procedure for the registration of vehicle and sub-section (6) thereof provides that the registering authority shall assign to the vehicle a registration mark which has to be displayed and shown on the vehicle in a manner prescribed by the central government. ..... section 109 finds place in chapter vii of the act and the title of the said chapter is - construction, equipment and maintenance of motor vehicles. ..... form and manner of display of registration marks on the motor vehicles - (1) on or after commencement of this rule, the registration mark referred to in sub-section (6) of section 41 shall be displayed both at the front and at the rear of all motor vehicles clearly and legibly in the form of security license plate of the following specifications, namely:- (i) the plate shall be a solid unit made of 1.0 mm aluminium conforming to din 1745/din 1783 or iso 7591. .....
Tag this Judgment!Court : Allahabad
Reported in : 2008(227)ELT61(All)
..... infact cosmetics and toilet preparations falling under chapter 33 of the central excise tariff act, 1985 attracting higher rate of central excise duties while the same were misdeclared as ayurvedic medicine' and cleared under chapter 3003.30 of the tariff act, 1985 at ..... , the constitution bench of the hon'ble supreme court held that the jurisdiction of the high court under article 226 of the constitution is couched in wide terms and the exercise thereof is not subject to any restrictions except the territorial restrictions, which are expressly provided under the constitution. ..... thus, it becomes difficult to assume that such a jurisdiction can be ousted merely by amending the statute without having any express provision for ouster of the said remedy, even while providing the statutory remedy of appeal ..... the excise department appealed to the supreme court against the order of the allahabad high court, which was dismissed vide order dated 8.10.2004, a copy whereof ..... 4246, decided on 20.8.2004, in which the following observation was made:there is always peril in treating the word: of a judgment as though they are words in a legislative enactment and it is to be remembered that judicial utterances are made in the setting of the facts of a particular case, circumstances flexibility, one additional or different fact may make ..... commissioner of income tax 2004 scc (crim) 1002.the decision in these cases depends upon the particular circumstances of each case and cannot be made applicable to .....
Tag this Judgment!Court : Allahabad
Reported in : 2005(4)ESC2378
..... [2003]2scr139 , the supreme court explaining the test of 'pith and substance' with reference to the bombay rents hotel and lodging house rates control, bombay land acquisition and bombay government premises (eviction) (amendment) act, 1996 set aside the judgment of the high court holding that the act was beyond legislative competence of the state legislature and held that in 'pith and substance' the act is covered by entry 18 of list ii i.e ..... was not reserved for presidential assent nor it has been assented by the president, and thus in view of article 254 of the constitution of india, the central act will prevail over the state act. ..... . the article 309 on its express terms is made subject to other provisions of the constitution, and is circumscribed to the extent to which from its general field of operation carves out a separate and exclusive field for operation by the provisions of the article dealing with subordinate judiciary as found in chapter vi of part vi of ..... the division bench, in its order dated 23.1,2004 found that the reservation under section 3 (1) (ii) to the physically handicapped persons at 3% divided into three sub-categories namely blindness or low vision; hearing impairment; and locomotor disability or cerebral palsy, is applicable at the stage of direct recruitment, shall be in such public services and posts as the state government may, by notification ..... method in which the establishment or part thereof could be exempted from the statutory obligation under act no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC1383; (2006)4CompLJ330(SC); (2006)201CTR(SC)346; [2006]282ITR273(SC); JT2006(3)SC114; 2006(2)SCALE752; (2006)3SCC1; [2006]145STC91(SC); 2006[2]STR161; [2006]152
..... amendment) bill 1981, which was subsequently enacted as the constitution 46th amendment act 1982 set out the background in which the amendment to article 366(29a) of the constitution was ..... . trade tax defines 'goods' as meaning:every kind or class of movable property and includes all material commodities and articles involved in the execution of a works contract, and growing crops, grass, trees and things attached to or fastened to anything permanently attached to the earth which under the contract of sale are agreed to be severed but does not include actionable claims, stocks, ..... payment or other valuable consideration;(e) a tax on the supply of goods by any unincorporated association or body of persons to a member thereof for cash, deferred payment or other valuable consideration;(f) a tax on the supply, by way of or as part of any service or in any other manner whatsoever, of goods, being food or any other article for human consumption or any drink (whether or not intoxicating), where such supply or service, is for cash, deferred payment ..... the central government fixes the tariff rates and ..... tax on any facilities of the telecommunication services is untenable in law.1 now entry 54 of list ii of the seventh schedule to the constitution.2 see atiyah: the sale of goods (1995 reprint) p.273 amendment in 2004 by act 8/2004 with effect from 1.4. ..... . in 1994, service tax was introduced by parliament under chapter v of the finance act, 1994 with reference to its residuary power under entry .....
Tag this Judgment!Court : Rajasthan
Reported in : RLW2006(1)Raj350
..... matter to the larger bench and the question framed for consideration thereof is whether ordinance 67-a of the rajasthan university ordinances (for short, 'the ordinances'), will prevail or the employees will be governed by the rajasthan non-government educational institution act, 1989 (hereinafter referred to as 'the act, 1989') and the rajasthan grant-in-aid to education and cultural institutions rules, 1963 ..... any other institution, by whatever name designated, established and run with the object of imparting education or preparing or training students for obtaining any certificate, degree, diploma or any academic distinction recognized by the state or central government or functioning for the educational, cultural or physical development or the people in the state and which is neither owned nor managed by the state or central government or by any university or local authority or ..... agarwal, the learned advocate general for the state, placed on the record the copy of the order, dated 17.8.2004, of the hon'ble supreme court, which reads as under:in view of the conclusions of the high court with ..... is to make statutes, and of amending and repealing statutes, subject to ..... later on the application having been filed by the college under article 226 of the constitution of india, the court on 25.5.1990 ..... rule 26 of this chapter provides that the recruitment of employees in a recognized institution shall be made on merit, either after open advertisement in a local daily news paper having a wide .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC683; 2007(2)AWC1683(SC); (2007)2CompLJ401(SC); (2007)146PLR442; 2006(14)SCALE267; 2006(4)SCALE267; [2007]73SCL219(SC); 2007(1)LC13(SC); 2007AIRSCW350; 2006(12)SCC642
..... contained in the companies act, 1956 (1 of 1956), or any other law or the memorandum and articles of association of the industrial company or any other instrument having effect under the said act or other law, no proceedings for the winding up of the industrial company or for execution, distress or the like against any of the properties of the industrial company or for the appointment of a receiver in respect thereof and no suit for ..... pending before any court the cause of action whereof is such that, had it arisen after the commencement of the amendment ordinance, the suit, claim or other legal proceeding would have had to be filed before the special court, ..... -(1) at any time before completion of the inquiry under section 16, the sick industrial company or the central government or the reserve bank or a state government or a public financial institution or a state level institution or a scheduled bank or any other institution, bank or authority providing or intending to provide ..... the interpretation of section 25j of the 1947 act as propounded by mr das also cannot also be accepted inasmuch as in terms thereof only the provisions of the said chapter shall have effect notwithstanding anything inconsistent therewith contained in any other law including the standing orders made under the industrial employment (standing orders) act, but it will have no application in ..... the said order of winding up by an order dated 20.05.2004 and directed to keep the winding up proceedings in abeyance till .....
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