Court : Supreme Court of India
Reported in : JT2000(7)SC269; 2000(5)SCALE79
..... states. electric companies, all over india, were sought to be so purchased. like the 1st respondent, a number of other electric companies challenged the constitutional validity of the amending act/ordinance. the challenge was, inter alia, on the ground that the rights under article 19(1)(f) and article 31(2) were being violated. it was also claimed ..... any person, not being a local authority, the state electricity board shall, (a) in the case of a licence granted before the commencement of the indian electricity (amendment) act,1959 (32 of 1959), on the expiration of each such period as is specified in the licence; and(b) in the case of a licence granted on or ..... appeal filed by the appellant against a judgment of a learned single judge of the calcutta high court which upheld the challenge of the 1st respondent to ordinances and amendment act set out hereinafter.2. briefly stated the facts are as follows:on 18th december, 1923 the government of uttar pradesh granted to one m/s. martin & co .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1968]3SCR41
..... constitution. as shown above, there have been instances where the latter course had been adopted by the indian parliament in the past. section 4 of the amending act being within the legislative competence of parliament, the provisions thereof are binding on all courts of law notwithstanding judgments, orders or decrees to the contrary rendered ..... colourable or fraudulent exercise of legislative power. with regard to the question as to discrimination violative of art. 14, it goes without saying that whenever an amending act is passed, there is bound to be some difference in treatment between transactions which have already taken place and those which are to take place in the ..... between cases where the transaction was in the course of completion and those which had to be started after a particular date. on the whole the amending act seeks to improve the legislation which covered the field of acquisition of land. the legislature might have made more liberal provisions for improvement but it is .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC2236; JT2000(7)SC113; 2000(5)SCALE84; (2000)6SCC462; [2000]Supp1SCR411
..... . electric companies, all over india, were sought to be so purchased. like the 1st respondent, a number of other electric companies challenged the constitutional validity of the amending act/ordinance. the challenge was, inter alia, on the ground that the rights under article 19(1)(f) and article 31(2) were being violated. it was also ..... in thana electric supply company's case it has been held as:15. as stated earlier, the principal controversy before the high court was whether the provisions of the amendment act, 1976, which scaled down, quite drastically, the measure of the recompense for the taking over of the company's undertaking, were violative of articles 14, 19(1 ..... )(f) and (g), and 31 of the constitution of india, as contended by the company, or whether the amending act of 1976 had the protection of and attracted the provisions of article 31c of the constitution rendering the law immune from assailment on the ground of violation of fundamental .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2000(5)SCALE95
..... . electric companies, all over india, were sought to be so purchased. like the 1st respondent, a number of other electric companies challenged the constitutional validity of the amending act/ordinance. the challenge was, inter alia, on the ground that the rights under article 19(1)(f) and article 31(2) were being violated. it was also ..... in thana electric supply company's case it has been held as:15. as stated earlier, the principal controversy before the high court was whether the provisions of the amendment act, 1976, which scaled down, quite drastically, the measure of the recompense for the taking over of the company's undertaking, were violative of articles 14, 19(1 ..... )(f) and (g), and 31 of the constitution of india, as contended by the company, or whether the amending act of 1976 had the protection of and attracted the provisions of article 31c of the constitution, rendering the law immune from assailment on the ground of violation of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC2104; 2000(5)SCALE105; (2001)9SCC203a
..... many states. electric companies, all over india, were sought to be so purchased. like the 1st respondent, a number of other electric companies challenged the constitutional validity of the amending act/ ordinance. the challenge was, inter alia, on the ground that the rights under article 19(1)(f) and article 31(2) were being violated. it was also ..... to any person, not being a local authority, the state electricity board shall,(a) in the case of a licence granted before the commencement of the indian electricity (amendment) act, 1959(32 of l959),on the expiration of each such period as is specified in the licence; and(b) in the case of a licence granted on or ..... the appeal filed by the appellant against a judgment of a learned single judge of the calcutta high court which upheld the challenge of the 1st respondent to ordinances and amendment act set out hereinafter.2. briefly stated the facts are as follows:on 6th february, 1925 the government of uttar pradesh granted to one m/s. martin & co .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC317; JT1988(4)SC92; 1988(2)SCALE975; 1989Supp(1)SCC168; [1988]Supp2SCR880
..... rayon yarn and nylon yarn from the purview of the definition of textiles in section 2(g) of the act prior to its amendment particularly when synthetic fibres have a world market and india has entered into a competitive international trade in all textiles in a large way.23. we were referred to several encyclopaedias, authoritative treatises, ..... , ujjain v. the textiles committee, bombay and anr. : air1980mp69 as also its interpretation of the definition of 'textiles' in section 2(g) of the act prior to its amendment by act no. 51/73 as not including viscose staple fibre. according to him, the whole approach of the high court in gwalior rayon's case in adopting a ..... by the parliament for the benefit of the indigenous textile industry, so that it may be able to hold its own in a fiercely competitive international market. in these circumstances, the act and the words used therein have to be interpreted not on a technological or specialised scientific plane but in the popular sense as understood .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1963SC760; [1963]48ITR83(SC); [1963]Supp1SCR823
..... the karimtharuvi tea estates ltd., kottayam and one of its directors and members praying for a declaration that the agricultural income tax (amendment) act, 1961 (ker. ix of 1961), hereinafter called the amendment act, enacted by the kerala state legislature, is null and void and that the state's power to tax income from tea to ..... cultivation, upkeep or maintenance of immature plants from which no agricultural income has been derived during the previous year.' 4. the petitioner challenged the validity of the amendment act stating that it was not within the competence of the state legislature and that its provisions contravened the provisions of arts. 14, 19(1)(f) and ( ..... constitution. 21. we therefore allow these petitions to this extent that we declare that explanation 2 to s. 5 of the agricultural income-tax act added by the amendment act does not cover the expenses incurred in the upkeep or maintenance of immature tea plants from which no income has been derived during an accounting year .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1953SC375; 20(1954)CLT1(SC); [1954]1SCR1
..... settled under this chapter, it can neither be enhanced nor reduced for a period of 20 years, except on grounds specified in sections 30 and 38 of the act respectively. the amending act of 1947 introduced certain changes in this law. a new section, namely, section 168-a was introduced and a further provision was added to section 177 as ..... occupation under the state government on the same terms as they held them under the proprietor. under the orissa tenants protection act, which is a temporary act, the land-holder is not entitled to get contractual or competitive rents from these temporary tenants in possession of his private lands and the rent is fixed at two-fifths of the gross ..... produce. it is on the basis of this produce rent which is included in the computation of the gross asset of an estate under section 26 of the act, that the land- .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC4506; [2004(2)JCR262(SC)]; JT2003(9)SC477; 2003(8)SCALE398; (2003)11SCC614; 2004(2)SLJ168(SC)
..... with the provisions of r. 9,' 18. it is apparent that neither the governmental resolution of december 1973 nor the impugned section 2 of the amendment act of 1992 have repealed, whether explicitly or implicitly, the recruitment rules of 1959. indeed, the resolution itself alludes to the relevant rules, thereby eradicating ..... that the 1959 recruitment rules were repealed by virtue of the coming into force of the orissa administrative service recruitment rules and regulations for promotion and competitive examination, 1978.19. we, therefore, find ourselves unable to agree with the submission put forth by the learned counsel on behalf of the ..... with method of recruitment:'4. method of recruitment - recruitment to the service shall be made by the following methods, namely: - (a) direct recruitment by competitive examination;(b) promotion from amongst the members of the orissa subordinate administrative service; and(c) transfer from such other services or posts as are comparable with the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1994(2)SC662; 1994(2)SCALE302; (1994)4SCC401; [1994]3SCR57; 1994(2)LC689(SC)
..... of examination and the standards of proficiency therein to be obtained, in universities or medical institutions for grant of recognised medical qualifications.' by indian medical council (amendment) act, 1993, brought into force with effect from august 27, 1992 sections 10-a, 10-b and 10-c were added. these sections deal with establishment ..... mark in entrance test would yet be eligible for admission in post-graduate courses in a situation where the eligibility percentage is, say, 50% for open competition candidates, it is bound to affect the standards of education. counsel pointed out that according to the ratio of nivedita jain, this is permissible. in ..... chart be maintained and (iii) the report of the teachers which is to be submitted periodically may be considered.alternatively the authorities concerned may conduct competitive entrance examination to determine the merit of a candidate for admission to post-graduate medical courses.18. sri salve also brought to our notice recommendations .....
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