Court : Supreme Court of India
Reported in : AIR1972SC1193; 1972CriLJ751; (1972)1SCC646; [1972]3SCR411
..... special police establishment act, 1946, (25 of 1946) was validly extended to the state of jammu & kashmir by the jammu & kashmir (extension of laws) act, 1956 hereinafter referred to as the extension act. the high court decided this question on a reference made by the special magistrate, under section 432 of the crpc, before whom the ..... establishment act, 1946, was extended to the state of jammu & kashmir in the following manner. section 1(2) of the extension act provided that 'it shall come into force on such date as the central government may, by notification in the official gazette, appoint.' section 2 provided as follows :(1) the acts and ordinance mentioned ..... the power conferred under the regulation on the governor to bring into force the laws set out in the schedule continued and would continue so long as the regulation remained on the statute book. the same principle applies here. the central government could validly issue a notification under sub-section 2 of section 1 appointing .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC238; 1974LabIC181; (1974)ILLJ109SC; (1974)3SCC546; [1974]2SCR169
..... of probation expired on december 14, 1968, but the vice-chancellor extended it for one more year by order dated november 11, 1968. this extension was confirmed by the meeting of the central council of the university at its meeting dated june 26, 1969. but at the same meeting it was resolved by the ..... of factum valet. we cannot countenance the alleged continuance of the respondent in the university campus as tantamount to regular service under the university with the sanction of law. in short, the respondent has no presentable case against the direction to quit.13. even so, there are certain disquieting features in this case. the additional ..... act, 2005 (samvat year) created the university of jammu and kashmir. several years later, the present respondent joined the university as a lecturer on contract basis, the law that governed his services being the provisions of that act and the statutes framed thereunder. subsequently, the jammu and kashmir university act, 1965, was passed which, while .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC182; (1976)3SCC219; [1976]2SCR690
..... the licence collected from them on the ground that the cochin and travancore tobacco acts stood repealed by the finance act of 1950 because of the extension of the central excises and salt act to part b state of travancore-cochin. the petitions were opposed on behalf of the state and it was contended that ..... that the cochin tobacco act and the similar travancore. act taken along with the rules framed under those acts by the respective diwans were in substance law corresponding to the central excises and salt act. the cochin tobacco act and the similar travancore act, it was further held, stood repealed on april 1, 1950 by ..... invalid because they deal with a topic outside the legislative competence of the state legislature, the parliament can in exercise of its undoubted legislative competence, pass a law retrospectively validating the said collections by converting their character into collections made under its own statute operating retrospectively. so far as the present case is concerned, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1976)5CTR(SC)0126C
..... fee collected from them on the ground that the cochin and travancore tobacco acts stood repealed by the finance act of 1950 because of the extension of the central excise and salt act to part b state of travancore-cochin. the petitions were opposed on behalf of the state and it was contended ..... the cochin tobacco act and the similar travancore act taken along with the rules from under those acts by the respective diwans were in substance law corresponding to the central excise and salt act. the cochin tobacco act and the similar travancore act, it was further held, stood repealed on april 1, 1950 ..... of the constitution. article 304 (b) reads as under :'304. notwithstanding anything in article 301 or article 303, the legislature of a state may by law -(a)................................................(a)................................................(b) impose such reasonable restrictions on the freedom of trades, commerce or intercourse with or within that state as may be required in the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC68; (1977)4SCC608; [1978]2SCR1
..... i on the ground that it cannot, any more than other entries in lists i and iii, confer on parliament the power to make a law vesting in the central executive supervisory control over the state executive. that contention having been rejected, entry 97 will in any event sustain the legislative validity of the act.202 ..... department in his charge, for which he may feel morally responsible, or, for which others may hold him morally responsible, may compel him to resign. by an extension of this logic, applied to individual ministers at first, emerged the principle of 'collective responsibility' which we find enacted in articles 75(2) and 164(2) of ..... and disregarding the claims of local scheduled caste applicants; (2) allotment of 4 large valuable house sites in the most posh locality of bangalore, raj mahal vilas extension, to shri devaraj urs and his family members in supersession of the rightful claims of other applicants(3) undue favours shown to messrs nirmala engineering construction company, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC981; 1981(29)BLJR412; 1981(1)SCALE663; (1981)2SCC675; [1981]3SCR174; 1981(13)LC641(SC)
..... so varied and extended shall, as far as may be, operate in like manner and with all like incidents, effects and consequences, as if such variations or extensions were contained in that sub-section.rules 95 and 96 of order xxi of the cpc under which the auction-purchaser in the instant case had made the application ..... follows:during the pendency in any court having authority within the limits of india excluding the state of jammu and kashmir or established beyond such limits by the central government of any suit or proceeding which is not collusive and in which any right to immovable property is directly and specifically in question, the property cannot ..... the usual course of management, makes provision with regard to the exercise of such powers by the mortgagor, while the mortgage subsists and the mortgagor is in lawful possession of the mortgaged-property. this section further makes it clear that any lease granted by the mortgagor in accordance with the provisions of this section would be .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC710; 1982CriLJ340; 1981(4)SCALE1904; (1982)1SCC271; [1982]2SCR272
..... therefore, be construed harmoniously with those and other provisions of the constitution.6. this many-pronged attack on the ordinance-making power has one central theme: 'ordinance is not law.' we must therefore consider the basic question as to whether the power to make an ordinance is a legislativepower as contended by the learned attorney ..... people a constitution whereby a government was established, their second object, equally important, was to protect the people against the government. that is why, while conferring extensive powers on the governments like the power to declare an emergency, the power to suspend the enforcement of fundamental rights and the power to issue ordinances, they ..... 2) of the 44th amendment act is bad because it vests an uncontrolled power in the executive, we may point out, briefly, how similar and even more extensive delegation of powers to the executive has been upheld by this court over the years. in sardar inder singh v. state of rajasthan : [1957]1scr605 , .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; [1986]2SCR278; 1986(2)SLJ320(SC)
..... in which that interpretation clause occurs, it will bear only that meaning unless where, as is usually provided, the subject or context otherwise requires, an extensive definition expands or extends the meaning of the word defined to include within it what would otherwise not have been comprehended in it when the word ..... mean a particular thing, the definition is explanatory and prima facie restrictive; and whenever an interpretation clause defines a term to include something, the definition is extensive. while an explanatory and restrictive definition confines the meaning of the word defined to what is stated in the interpretation clause, so that wherever the word ..... a cooperative society is, therefore, not a corporation established by or under an act of the central or state legislature. the court then proceeded to point out that a corporation is an artificial being created by law, having a legal entity entirely separate and distinct from the individuals who compose it, with the capacity .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC1073a; (1987)1SCC213a; 1987(1)LC174(SC)
..... guarantees investments in machinery, equipments and the like, at least to the tune of 20 times the value of annual dead-rent within 3 years from the grant of such extension. the value of the machinery, equipment and the like shall be determined by the government. where the lease is so renewed, the dead rent, and the surface rent shall ..... with rule 30 under chapter iv under the said rajasthan rules. this court observed that the word 'may' in the proviso in rule 30 in regard to the extension of the period by government should be construed as 'shall' so as to make it incumbent on government to extend the period of the lease if the lessee desired ..... being in force in a state, no state government or other authority shall make, except with the prior approval of the central government, any order directing-(i) that any reserved forest (within the meaning of the expression 'reserved forest' in any law for the time being in force in that state) or any portion thereof, shall cease to be reserved; (ii) .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC1073; (1987)1GLR274; 1986(2)SCALE1037; (1987)1SCC213; [1987]1SCR562
..... in force in a state, no state government or other authority shall make, except with the prior approval of the central government, any order directing-(i) that any reserved forest (within the meaning of the expression "reserved forest" in any law for the time being in force in that state) or any portion thereof, shall cease to be reserved;(ii) that ..... the period by government should be construed as 'sha ll' so as to make it incumbent on govern- ment to extend the period of the lease if the lessee desired extension. the rajasthan rules provided, inter alia, as follows:"period of lease--a mining lease may be grant- ed for a period of 5 years unless the appli- cant himself ..... invest- ments in machinery, equipments and the like, at least to the tune of 20 times the value of annual dead-rent within 3 years from the grant of such extension. the value of the machinery, equipment and the like shall be determined by the government. where the lease is so renewed, the dead rent and the surface rent shall .....
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