Court : Supreme Court of India
Reported in : AIR1996SC2856; JT1995(3)SC312; 1995(2)SCALE245; (1995)3SCC434a; [1995]2SCR716; (1995)2UPLBEC740
..... purpose, because in that case a two-judge bench of this court had upheld the delegation as contained in section 3 of cantonment (extension of rent control laws) act, 1957, by which the central government by a notification in official gazette could extend to any cantonment any enactment relating to control of rent which was in force in ..... enunciated the afore-quoted test of desuetude for it to permit quasi-repeal.32. it would be useful to note what has been stated in this regard in the chapter headed 'repeal and desuetude of statutes' by aubrey l. diamond, printed in current legal problems (1975), volume 28 at page 107 to 124. diamond has quoted ..... relating to assessment, collection and recovery of octroi duties.8. after the aforesaid notifications had been issued, the cantonments act, 1924 was enacted. chapter v of this act is on the subject of 'taxation'; and sections 60 to 63 of this chapter set out the power and procedure of imposition, of any tax in any cantonment. (a part of this .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1989]3SCR144
..... curiam. the point involved in bhagat raja' case (supra) was whether in dismissing a revision petition filed under the mines & minerals (regulation and development) act, 1957 and the rules made thereunder, the union of india was bound to make a speaking order. this court held that under the mines & minerals (regulation and development ..... ) act, 1957 the central government while deciding a revision petition was required to act judicially as a tribunal and an appeal could be filed against the said decision before this court under article 136 of the constitution ..... (audi alteram partem)(see administrative law by h.w.r. wade, part v and judicial review of administrative action by s.a. de smith, third edition, chapter 4). giving reasons in support of a decision was not considered to be a rule of natural justice either under the law of arbitration or under administrative law.24 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC2027; [1997]89CompCas1(SC); JT1997(3)SC660; 1997(2)SCALE640; (1997)10SCC649; [1997]2SCR1026; [1997]105STC327(SC)
..... , the said sanctioned scheme for rehabilitation of the company is under impelementation.4. the petitioner-company is an assessee to sales tax under the andhra pradesh general sales tax act, 1957. it was assessed for the assessment years 1992-93 by order dated 3.1.1994 and for the years 1993-94 by order passed in 1995. the sales tax ..... of this court is gram panchayat and anr. v. shree vallabh glass works limited and ors. : [1990]1scr966 .10. on a fair reading of the provisions contained in chapter iii of act 1/1986 and in particular sections 15 to 22, we are of the opinion that the plea put forward by the revenue is reasonable and fair in all circumstances ..... authorities) not to proceed with the collection of balance sales tax amount of rs. 9,53,833/- without the pennission of bifr, as required under section 22 of the act (act no. 1/86), and for other reliefs. the plea of the petitioner was that the sanctioned scheme by bifr for rehabilitation of the company is under implementation, and so, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC1786; JT1999(2)SC604; 1999(2)SCALE381; (1999)4SCC43; [1999]2SCR323
..... is stated to have been resumed by the state of himachal pradesh vide notification dated 19.1,1990 issued under section 3 of the punjab resumption of jagir act, 1957. the principal chief conservator of forests was directed to take over management and possession of kutlehar forest from respondent no. 1 with the assistance of the ..... , socialist republic in the country, there are people and organisations who have not mentally re-canceled with the realities of life and the writings in the chapters of history for various reasons including their vested interests. ignoring the establishment of the rule of law and the development of the constitutional set up, they ..... 171 in which it was held :whenever any body of persons having legal authority to determine questions affecting rights of subjects, and having the duty to act judicially act in excess of their legal authority they are subject to the controlling jurisdiction of the king's bench division exercised in these writs.14. the aforesaid definition .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1958SC578; (1961)ILLJ339SC; (1964)ILLJ9SC; [1959]1SCR12
..... conditions of service is thus the main object which is sought to be achieved by the impugned act. chapter iii of the act applies the provisions of the industrial employment (standing orders) act, 1946, and the employees' provident funds act, 1952, to all the employees of the newspaper establishments wherein twenty or more newspaper employees are ..... to be placed along with the writ petitions aforesaid for hearing and final disposal and civil appeals nos. 699 of 1957, 700 of 1957, 701 of 1957, 702 of 1957 and 703 of 1957 arising therefrom thus came up for hearing and final disposal before us along with the writ petitions under art. 32 mentioned ..... this suggestion and decided to discuss various issues among themselves in the afternoon and on the following days. 32. after considerable discussion on march 25, 1957, and march 26, 1957, in which the representatives of the newspapers and of working journalists had joint sittings, unanimous decisions were arrived at on (i) classification of newspapers .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC547; 1981(1)SCALE159; (1981)2SCC84; [1981]2SCR637
..... one of these stages he cannot be chosen.' but this definition of 'disqualified' is in terms of section 7(b) meant for chapter iii, in part ii of the act; while section 100 falls in chapter iii of part vi. if the expression 'for being chosen' which is a central limb of the definition of 'disqualified', is given ..... until that appeal or application is disposed of by the court.then there is an explanation appended to this section, which is not material for our purpose.13. chapter i of part v includes sections 30 to 39 under the main heading 'nomination of candidates'. section 30 requires the election commission to appoint dates for making nominations ..... the election. his election was challenged by an election-petition primarily on the ground that he was disqualified under section 8(2) of the representation of the people act, because on the date of his election he stood convicted for an offence of imprisonment exceeding two years. before the election-petition was decided, the returned candidate' .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1334; JT1994(1)SC141; 1994(1)SCALE194; (1994)2SCC102; 1994(1)LC257(SC)
..... the bar council of india.(e) he fulfils such other conditions as may be specified in the rules made by the state bar council under this chapter.10. we are not concerned with sub-clause (iii-a) which concerns cases of persons who have undertaken the study from the academic year 1967-68 or ..... who passed his bachelor of arts examination in 1953 and acquired a master's degree in economics in 1956, joined the punjab civil service, executive branch, on may 8, 1957, which on reorganisation of the state w.e.f. november 1, 1966 was designated as haryana civil service, executive branch. in due course he was promoted to the ..... seven years while performing duties in different capacities. he has enumerated the different executive offices held by him from 1957 to 1990 which required him to exercise powers of magistrate iii class and magistrate ii class, collector under punjab excise act, 1914, revisional power of stale government under section 42 of the east punjab consolidation of holdings and prevention .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3127; JT2006(8)SC1; 2006(8)SCALE257; (2006)7SCC1
..... borne in mind:.such a voter who is otherwise eligible to cast vote to elect his representative has statutory right under the act to be a voter and has also a fundamental right as enshrined in chapter iii. ...if any statutory provision abridges fundamental right, that statutory provision would be void. ... the right of an adult ..... 2003 which are also subject matter of challenge in these matters have already been noticed. part v of the rp act, 1951 relates to the 'conduct of elections'. chapter 4 of the said part of the rp act, 1951 covers the topic of 'the poll'. amongst others, it includes section 59 relating to the 'manner of voting ..... such witness, or other person where he has voted by open ballot.142. part vii of rp act, 1951 relates to the 'corrupt practices and electoral offences'. chapter i defines 'corrupt practice'. chapter iii relates to 'electoral offences'. section 128 falling in this chapter, as originally enacted read as under:128. maintenance of secrecy of voting. - (1) every .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1515; [1964]7SCR82
..... s. 5(1) is violative of the fundamental right enshrined in art. 14 of the constitution. as the section is the basis of chapter ii of the act, the whole chapter must fall along with it. 6. next we come to the provisions as to compensation contained in s. 50 read with sch. ..... of the states reorganisation act of 1956. chapter viii provides for cultivating tenants' ceiling area. chapter ix provides for exemption of certain lands from the application of the act. chapter x provides for land tribunals and chapter xi for appeals and revision. chapter xii provides for certain penalties and procedure while chapter xiii provides for disposal ..... of land acquired by the government under the act. chapter xiv deals with miscellaneous provisions, including s. 110, which .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC2009; (1974)2SCC402a; [1975]1SCR1
..... the municipal corporation should be able to carry out effectively its policy of slum clearance, speedy development of the estates of the corporation and providing more housing accommodation'. chapter va of the municipal act, no doubt, differentiates occupiers of municipal premises from occupiers of other premises, but there is a socially valid and legally intelligible differentiation between the two classes of occupiers ..... upholding the exemption of premises belonging to the government or a local authority from the provisions of the bombay rents, hotel and lodging house rates control act, 1947; the collector of malabar v. erimal ebrahim hajee 1957 scr 970 upholding the provision for special modes of recovery for income-tax; asgarali nazarali singaporawalla v. the state of bombay : 1957crilj605 upholding the validity .....
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