Judgment Search Results Home > Cases Phrase: central excise tariff amendment act 2004 chapter lxxvii reserved for possible future use Court: us supreme court Page 6 of about 199 results (0.581 seconds)

The State of Karnataka by Its Chief Secretary Vs. State of Tamil Nadu ...

Court : Supreme Court of India

..... pertains to the constitutional validity of the 2006 (amendment) act for which article 363 or for that matter under article 131 proviso does not ..... soil was located in the valleys and the lighter red soils were higher up, it was a good arrangement to confine growing rice in the valleys and reserving the lighter soils for light irrigated crops, as otherwise apart from consuming more water, due to greater percolation 277 losses, the percolated water would make the heavy soil lower ..... help of the concerned states and central water commission for a period of five years and if any modification/adjustment is needed in the schedule thereafter, it may be worked out in consultation with the party states, and help of central water commission for future adoption without changing the annual allocation ..... extent of dependence of the riverine dwellers on the river flow, the size of the river s watershed or drainage area and the possibility of maintaining a sustained flow through the controlled use of flood waters, seasonal variations in diversions, availability of storage facilities or ability to construct them, availability of other resources, etc. ..... during january to june did spell great hardship, the tribunal delved into the time phase chapter pertaining to the treaty of 1799 entered into between the then east india company and the maharaja ..... central excises ..... association held in berlin in august 2004 where the relevant factors necessary for determining an equitable and reasonable use were again outlined. .....

Kaushal Kishor Vs. The State Of Uttar Pradesh Govt. Of U.p. Home Secre ...

Court : Supreme Court of India

..... agents was left for future legislation; (iii) that the question of demarcating the line up to which the state should be made liable for the tortious acts, involves a nice balancing of considerations, so as not to unduly restrict the sphere of the activities of the state and at the same time to afford sufficient protection to the citizen; (iv) that it is necessary that the law should, as far as possible, be made ..... this court, while dealing with a challenge made by the state of karnataka in the form of a civil suit under article 131, to the appointment by the central government, of a commission of enquiry against the chief minister of karnataka, had an occasion to consider the exposition of the words collective 108 (1977) 4 scc608139 ..... (first amendment) act, 1951, declared that the newly substituted 35 clause (2) of article 19 shall be deemed always to have been enacted in the amended form, meaning thereby that the amended clause (2) ..... part vi of the constitution dealing with the states contains six chapters, dealing respectively with, (i) general provision containing the definitions; (ii) the executive; (iii) the state legislature; (iv) legislative ..... reserved not to intentionally to seven core introduce any menacing, harassing international further legislation or offensive, and human rights imposing further using ..... 25(1997) 1 scc3526(2014) 9 scc127(2004) 2 scc918 state for the tortious acts of its servant, has been held to ..... functioning of the customs, excise and gold control appellate .....

Modern Dental College and Res.Cen. and Ors. Vs. State of Madhya Prades ...

Court : Supreme Court of India

..... likewise, after the insertion of clause (5) to article 15 by the constitution (ninety-third amendment) act, 2005, another enabling provision was introduced empowering the state to make any special provision by law for advancement of any socially and educationally backward classes of citizens or for the scheduled tribes or the scheduled castes insofar as such special provision relates to admission to the educational institutions, including the private professional educational ..... dealt with this argument by appropriately demonstrating, by means of charges, that not only it was possible to work out extent of reservation provided for different categories, sufficient number of seats were available for general categories as well. ..... fixed keeping in mind the infrastructure and facilities available, investment made, salaries paid to teachers and staff, future plans for expansion and/or betterment of institution subject to two restrictions, namely, non-profiteering and non-charging of capitation fees ..... a planned economy in which a central government determines the price of goods and services using a fixed price system. ..... is concerned, the facts which have to be taken into consideration while fixing the fee are provided in section 9, which is under chapter iv of the act, and reads as follows: 9. ..... (2004) 1 scc86 that keeping in view the practical difficulties faced by the central government or the statutory bodies like mci or ugc, some power is sought to be delegated to the state so as to .....

Krishna Kumar Singh and Anr Vs. State of Bihar and Ors.

Court : Supreme Court of India

..... amendment act which reads as follows: for the avoidance of doubt it is hereby declared (a) every detention order in force at the commencement of the preventive detention (amendment) act, 1951, shall continue in force and shall have effect as if it had been made under this act as amended by the preventive detention (amendment) act, 1951; and (b) nothing contained in sub-section (3) of section 1, or sub-section (1) of section 12 of this ..... containing the same provisions requires the previous sanction of the president, for its introduction into the legislature; where a bill containing the same provisions would be deemed necessary by the governor for being reserved for consideration of the president; and where a law enacted by ..... bench observed thus : 6 .the primary law making authority under the constitution is the legislature and not the executive but it is possible that when the legislature is not in session circumstances may arise which render it is necessary, to take immediate action and in ..... expression of hope which read thus : we hope and trust that such practice shall not be continued in the future and that whenever an ordinance is made and the government wishes to continue the provisions of the ordinance in force after the reassembling ..... . legislative control upon ordinances made by the president or by the governors is central to the scheme of articles 213 and 123 and the constitutional fiction which ..... extraordinary power shall not be used in order to perpetuate ..... headings of both chapters iii ..... .....

Union of India Vs. Tarsem Singh

Court : Supreme Court of India

..... amendment act was to acquire lands for housing schemes at a low price, yet the amendment act was struck down when it provided for solatium at the rate of 5% instead of 15%, that was provided in the land acquisition act, the court 41 holding that whether adjacent lands of the same quality and value are acquired for ..... by the central government, the ..... for giving effect to such policy shall be called in question in any court on the ground that it does not give effect to such policy: provided that where such law is made by the legislature of a state, the provisions of this article shall not apply thereto unless such law, having been reserved for ..... chapter vii of the maharashtra regional and town planning act, the amendment to the national highways act ..... possible to discriminate between landowners covered by the 2013 act and 62 landowners covered by the national highways act, when it comes to compensation to be paid for ..... 2004 was issued under section 3a of the national highways act, 1956 (hereinafter referred to as the act ), intending to acquire land belonging to the respondents for ..... for any use other than the use for ..... for future proceedings, the position would be covered by the provisions of the right to fair compensation and transparency in land acquisition, rehabilitation and resettlement act, 2013 (came into force on 01.01.2014), which act has been made applicable to acquisitions under the national highways act, 1956 by virtue of notification/order issued under the provisions of the act .....

The Secretary To Govt. Of Kerala . Vs. James Varghese .

Court : Supreme Court of India

..... hence, the orissa state legislature's enactment, the 1991 amendment act is that made on a subject within its legislative field and when assent of the president is obtained for it after reserving it for his consideration it becomes applicable to the state of orissa, notwithstanding anything contained therein repugnant to what is in the principal act of parliament, it cannot be held to be unconstitutional as that made by ..... when the awards made under the 1984 amendment act by the special arbitration tribunals in exercise of the state's judicial power conferred upon them which cannot be regarded as those merged in rules of court or judgments and decrees of courts, are sought to be nullified by the 1991 amendment act, it admits of no doubt that legislative power of the state legislature is used by enacting the impugned 1991 amendment act to nullify or abrogate the awards of the special ..... received under article 254 (2) of the constitution of india, the test to be applied to the state law to be held repugnant to central law is that there is no room or possibility for both acts to apply . ..... notwithstanding anything contained in the foregoing provisions of this chapter, parliament has power to make any law for the whole or any part of the territory of india for implementing any treaty, agreement or convention with any other country or countries or any decision ..... has also erred in holding that the 1996 act is referable to 6 (1983) 4 scc457 (2004) 10 scc20122 article 253 of the constitution of .....

The State Of Telangana Vs. M/s Tirumala Constructions

Court : Supreme Court of India

..... amendments made to the central excise act, much in the same terms as in the case of the telangana and gujarat amendments ..... which goods and services may be exempted from goods and services tax; (e) the rates including floor rates with bands of goods and services tax; (f) any special rate or rates for a specified period, to raise additional resources during any natural calamity or disaster; 8 (g) special provision with respect to the states of arunachal pradesh, assam, jammu and kashmir, manipur ..... remaining provisions of the amendment, section 19 of the amendment also went through the entire drill prescribed under the amendment, a possible view emerges that section 19 of the amendment is perhaps an adjunct to exercise the powers under article 368 of the constitution which have been enacted using the 25 2021 (15) scr16924 ..... the residuary power of the union; nevertheless, entry 92c was introduced into the union list by the constitution (88th amendment) act, 2004 clarifying that the union had exclusive authority to impose a service tax. ..... formulated by the gst council, the authority so to say reserved by section 19 and article 246a to amend or repeal the law the subject matter as originally ..... with respect to acts to operate in the future and not the power to enact acts which would operate ..... of exclusivity of legislative fields between parliament and the state legislatures, in terms of the distribution of legislative powers carried out by chapter i of part xi of the constitution4.10. .....

Milkmen Colony Vikas Samiti Vs. State of Rajasthan and ors.

Court : Supreme Court of India

Reported in : AIR2007SC1048; 2007(2)AWC2001(SC); JT2007(2)SC509; (2007)4MLJ1064(SC); RLW2007(2)SC1008; 2007(2)SCALE235; (2007)2SCC413

..... of the city, being aggrieved by the said nuisance caused by the stray cattle and dogs, filed a petition in public interest in the high court of rajasthan at jodhpur through the rajasthan chapter of indian association of lawyers, respondent no.4 herein, associated with the international association of democratic lawyers established in 1946 and in consultative status with un economic and social council, unesco and unicef. ..... and the land vested under the scheme or reserved under the plan would not be directed to be used for any other public purposes within the area ..... manner in which such large-scale violations continue leaves no doubt that it was not possible without the connivance of those who are required to ensure compliance with law and the ..... the government amounts to indirectly permitting unauthorized use which amounts to the amendment of the master plan without following due ..... land acquisition act or public premises act; that, the high court was not justified in not appreciating the fact that the land allotted for shifting of cattle and bulls of the milkmen was located in a hilly area and no rehabilitation facilities were provided by the authorities to facilitate the shifting of the cattle; and that, the high court erred in not considering the fact that the committee set up for monitoring the ..... aforesaid matter came up for hearing before the high court on 12th july 2004, when the high court passed the impugned order:we find that the order dated 14th may, 2004 has not been complied .....

S.P. Gupta Vs. President of India and ors.

Court : Supreme Court of India

Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365

..... 220(2) of the government of india act, 1935 provided for the transfer of judges of one high court to another high court although it used the word 'appoint' and that is made clear by the use of the word 'transfer' in the marginal note of section 2 of the amending act of 1944 which introduced the amendment, i have carefully considered ..... existing law with respect to that matter, then, the law so made by the legislature of such state shall, if it has been reserved for the consideration of the president and has received his assent, prevail in that state:provided that nothing in this clause shall prevent parliament ..... true facts when they become relevant in a judicial proceeding, in fact, the possibility of subsequent disclosure would act a an effective check against carelessness, impetuosity, arbitrariness or mala fides on the part of the central government, the chief justice of the high court and the chief justice of ..... the circular letter required the additional judges as also those whose names were recommended or might in future be recommended for initial appointment, to give their consent for being appointed as judges outside the state and obtaining of such consent in advance would reduce the ..... who are required to be consulted at the time of the appointment, the provisions dealing with the high courts are found in chapter v in part vi of the constitution containing provisions governing the states and the salaries of the judges of a high court are paid out ..... central .....

Union of India (Uoi) Vs. Pramod Gupta (D) by L.Rs. and ors.

Court : Supreme Court of India

Reported in : AIR2005SC3708; 2005(4)CTC762; JT2005(8)SC203; (2005)12SCC1

..... apply to any prospecting operations undertaken by the geological survey of india, the indian bureau of mines, the atomic minerals directorate for exploration and research of the department of atomic energy of the central government, the directorates of mining and geology of any state government (by whatever name called), and the mineral exploration corporation limited ..... occupancy tenant of agricultural land desiring to quarry in the revenue estate within which his land is situated for use within such revenue estate any mineral (a) for his own personal, agricultural or domestic purposes, and not for alienation by sale or otherwise, nor for contract work; or(b) for construction, otherwise than by contract, a hospital, school, dharamsala, well, piao, tank, mosque, ..... that the application for amendment of pleading might not have been maintainable in view of statutory interdict contained in sub-section (2) of section 25 of the act, if the same ..... mineral-bearing land may, thus, contain mineral as the product of nature.thus, in a case it may be theoretically possible for the state to grant a mining lease of quarry or permit, in favour of an applicant in respect of an area over which a ..... for the guidance of revenue-officers, from time to time issue executive instructions relating to all matters to which the provisions of this chapter apply, provided that such instructions shall be consistent with the provisions of this act ..... future ..... 83, wherein a grant reserving minerals was held ..... of 2004 an .....