Court : Delhi
..... each state party to the present covenant undertakes: (a) to ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; (b) to ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for ..... the fundamental rights of the citizens affected thereby and the larger public interest sought to be ensured in the light of the object sought to be achieved, the necessity to restrict the citizen's freedom, the inherent pernicious nature of the act prohibited or its capacity or tendency to be harmful to the general public, the possibility of achieving the object by imposing a less drastic restraint, and in the absence of exceptional situations such as the prevalence of a state ..... concerned, it is the respondent s stand in the counter affidavit dated 4th january, 2013 that the proposal to amend the schedule of the court fees act essentially being a finance bill, was referred to the lieutenant governor of delhi as per law before introducing the bill in the legislative assembly. ..... in the world and unequivocally imbibes the spirit of the universal declaration which is fully reflected in its preamble, and contains elaborate provisions concerning the fundamental rights conferred on the citizens of the country. ..... 1965 and act .....
Tag this Judgment!Court : Supreme Court of India
..... . even in respect of this provision, the challenge is essentially founded on the deletion of proviso in sub-section (1) of section 18 vide finance (no.2) act, 2019 which was pari materia with the proviso in section 17(1) of the 2002 act stipulating that no search of any person shall be made unless in relation to the scheduled offence a report has been forwarded to 354 a magistrate under section 157 of the ..... raju, 17(i)-(lxvi) additional solicitor general of india consideration the 2002 act 19-22 preamble of the 2002 act 23-24 definition clause 25-36 section 3 of the 2002 act 37-55 section 5 of the 2002 act 56-70 section 8 of the 2002 act 71-76 searches and seizures 77-86 search of persons 87 20 arrest 88-90 burden of proof 91-103 special courts 104-114 bail 115-149 section 50 of the 2002 act 150-173 section 63 of the 2002 act 174 schedule of the 2002 act 175 & 175a ecir vis- -vis fir176179 ed manual 180 ..... (vi) further, it is submitted that on 31.10.2003, the un general assembly adopted united nations convention against corruption, whose preamble recognized the importance of preventing, detecting and deterring international transfers of illicitly acquired assets, and 180 article 3(1)(a)&(b) of the vienna convention, 1988 112 strengthening international ..... 243 preamble of the2002act23 the preamble of the 2002 act reads thus: an act to prevent money-laundering and to provide for confiscation of property derived from, or involved in, money-laundering and for matters connected .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1966Bom70; (1965)67BOMLR234
..... essential for the purpose of the development and of the national economy, which also become necessary for the purpose of the defense of india, and its s these reasons which him finance ministers and to hold that the real reason for the bringing into force these rules reason for the about on into farce these real reason for bring heave no concern whatsoever with ..... in the country be made to realize that they can be held build a safe and the prosperous india by insisting that no gold be bought at the item of their marriages:'it his broadcast, the finance minister has also brought to the drain in the country resources tune on the drain the country resources which smuggling has cussed ..... . not only is the legislative policy broadly indicated i the preamble to the act, but the relevant provisions oft impugned section itself give such detailed and specific guidance's to the rule - making authority that it would be idle to the contend that the act has delegated essentially legislative function to the rule - making authority'.now these observation have been made ..... . it is true that the fonders frogold, or to use the words often used by moraji, desai, the then finances ministers, the lure is for gold, it deep - seated of the in habit of the indian people and would nto the be removed, ..... property, introductions of the law of monogamy and divorce, and has argued that by introducing these riles the finance minister of has also aimed at a similar social reform the breaking the people of their gold habits .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC2178; JT1993(1)SC474; 1992(2)SCALE703; (1993)1SCC645; [1993]1SCR594
..... the difficulties, lord gardiner (the lord chancellor) in pursuance of section 3(1)(e) of the law commission act, 1965, requested the law commission 'to review the existing remedies for the judicial control of administrative acts and omission with a view to evolving a simpler and more effective procedure'. ..... union of india : [1985]154itr64(sc) , a constitution bench explained the significance of the addition of the expression 'socialist' in the preamble of our constitution in the following words:during the formative years...socialism aims at providing all opportunities for pursuing the educational activity....there will be equitable distribution of ..... the government of tamil nadu has also recently constituted a committee for examining proposals regarding regulation of fixation of fees in respect of self-financing colleges of medical and engineering and of art and science as well as unaided courses of private aided colleges. ..... maharashtra institute of technology, pune questioning the correctness of mohini jain and praying for issuance of a declaration that the petitioner has a fundamental right under article 19(1)(g) of the constitution of india to establish and run a self-financing engineering college subject to compliance with the regulatory requirements of the statute. ..... to our notice that the government has constituted committee to go into and frame rules regulating the fee structure in self-financing medical, engineering and other colleges, (vide g.o.m.s 1172 education (ji) deptt. .....
Tag this Judgment!Court : Delhi
..... each state party to the present covenant undertakes: (a) to ensure that any person whose rights or freedoms as herein recognized are violated shall have an effective remedy, notwithstanding that the violation has been committed by persons acting in an official capacity; (b) to ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for ..... the fundamental rights of the citizens affected thereby and the larger public interest sought to be ensured in the light of the object sought to be achieved, the necessity to restrict the citizen's freedom, the inherent pernicious nature of the act prohibited or its capacity or tendency to be harmful to the general public, the possibility of achieving the object by imposing a less drastic restraint, and in the absence of exceptional situations such as the prevalence of a state ..... concerned, it is the respondent s stand in the counter affidavit dated 4th january, 2013 that the proposal to amend the schedule of the court fees act essentially being a finance bill, was referred to the lieutenant governor of delhi as per law before introducing the bill in the legislative assembly. ..... in the world and unequivocally imbibes the spirit of the universal declaration which is fully reflected in its preamble, and contains elaborate provisions concerning the fundamental rights conferred on the citizens of the country. ..... 1965 and act .....
Tag this Judgment!Court : Supreme Court of India
..... for providing the upper age limit and that the person appointed shall not have tenure exceeding five years from the date on which he enters office and shall be eligible for re-appointment, the finance act delegates the power to specify the qualifications, method of selection and appointment, terms of office, salaries and allowances, removal including resignation and all other terms and conditions of service to the central ..... view, the essence of the constitution was beautifully captured by our founding fathers in the preamble of the constitution where we promised to ourselves justice, liberty, equality and fraternity. ..... decision states that the policy and principles test can be applied through express provisions empowering delegation or any other provision of the statute including the preamble, the scheme or even the subject matter of the statute.140. ..... may guide the delegate by speaking through the express provision empowering delegation or the other provisions of the statute, the preamble, the scheme or even the very subject matter of the statute. ..... be given and to what extent and whether guidance has been given in a particular case at all depends on a consideration of the provisions of the particular act with which the court has to deal including its preamble. ..... should be given and to what extent and whether guidance has been given in a particular case at all depends on a consideration of the provisions of the particular act with which the court has to deal including its preamble. .....
Tag this Judgment!Court : Allahabad
Reported in : [2003]130STC202(All)
..... state, which is not in other states, keeping in view the commodity being declared as a commodity of special importance under section 14 of the 1956 act, limiting imposition of sales tax at 4 per cent in inter-state sales coupled with the 1957 act preceded by taxation inquiry commission reports including letter of the finance minister, affects the free-flow of this commodity or it impedes its movement within the meaning of article 301. 81. ..... held : 'in the light of the above entries and decisions, i think that the learned attorney-general is right in urging that, merely because the 1987 act as well as the state acts levy taxes which have ultimate impact on persons who enjoy certain luxuries, the pith and substance of both cannot be considered to be the same. ..... affidavit has averted that in august, 1994, in reply to a question in the parliament as to whether the government proposes to re-consider the imposition of 'luxury tax' on tobacco, the minister of state for finance informed the members that the union finance minister has requested the chief ministers of the states where such tax is imposed to re-consider their decisions. ..... construing a provision to dispel colourable exercise of power scrutinisation of whole statute be made perusing the preamble, headings, the marginal notes should also be taken into consideration in aid of interpretation. 36 ..... state of madras : [1965]3scr17 , it was held : 'that takes us to the consideration of the question as to whether the two reasons given by .....
Tag this Judgment!Court : UK Supreme Court
..... i conclude that parliament would not have foreseen this possibility, having particular regard to the reference to human rights in the preamble and article 1.3 of the charter and to the fact that the 1946 act was passed at a time when the importance of human rights was generally recognised, as exemplified two years later by the adoption by the general assembly of the universal declaration of human rights. ..... paragraph 9 encouraged all member states to submit to the 1267 committee for inclusion on the consolidated list names of individuals, groups, undertakings and entities participating by any means in the financing or support of acts or activities of al-qaida, usama bin laden and the taliban and other individuals, groups, undertakings and entities associated with them. ..... the object of the resolution appears from the following statement in its preamble: "recognizing the need for states to complement international cooperation by taking additional measures to prevent and suppress, in their territories through all lawful means, the financing and preparation of any acts of terrorism. ..... the preamble to this resolution recognised the need for states to complement international co-operation by taking additional measures to prevent and suppress, in their territories through all lawful means, the financing and preparation of any acts of terrorism. .....
Tag this Judgment!Court : Income Tax Appellate Tribunal ITAT Delhi
Reported in : (2005)96TTJ(Delhi)1
..... this is clear from the fact that prior to the amendment brought about by the finance act, 1987, the legislature in the corresponding section pertaining to imposition of interest used the expression "may" ..... two dimensional work or in two-dimensions of a three- dimensional work; (iii) to issue copies of the work to the public not being copies already in circulation; (vi) to do in relation to an adaptation of the work any of the acts specified in relation to the work in sub-clause (i) to (iv); (i) to make a copy of the film, including a photograph of any image forming part thereof; (ii) to sell or give on hire, or offer for sale or hire, ..... in public, or communicate it to the public; (iv) to make any cinematograph film or sound recording in respect of the work; (vii) to do, in relation to a translation or an adaptation of the work, any of the acts specified in relation to the work in sub-clauses (i) to (vi); (ii) to sell or give on commercial rental or offer for sale or for commercial rental any copy of the computer programme; provided that such commercial rental does not ..... it would therefore follow that if by inadvertence or otherwise the recital of the formation of the opinion is not mentioned in the preamble to the order the defect can be remedied by showing by other evidence in proceedings where challenge is made to the validity of the ..... . guntur tobacco air 1965 sc 1396 where the relevant tests were laid down in para 18 and it was held in para 28 that the burden to show that .....
Tag this Judgment!Court : US Supreme Court
..... congress' intent to supersede state law altogether may be inferred ,because "[t]he scheme of federal regulation may be so pervasive as to make reasonable the inference that congress left no room for the states to supplement it," because "the act of congress may touch a field in which the federal interest is so dominant that the federal system will be assumed to preclude enforcement of state laws on the same subject," or because "the object sought to be obtained ..... in response to concern expressed during the senate hearings that the act did not prohibit borrowers from obtaining financing and then renting the property, chairman stevenson observed: "that would ..... . germain, chairman of the subcommittee on financial institutions supervision, regulation, and insurance of the house committee on banking, finance, and urban affairs and chief sponsor of the bill, agreed: "this restriction applies only to converted mutual savings banks, and congress in no way intends to interfere with the ..... on the earning power and financial stability of federal associations, will impair the ability of federal associations to sell their loans in the secondary markets, will reduce the amount of home-financing funds available to potential home buyers, and generally will cause a rise in home loan interest rates. ..... we conclude that 545.8-3(f) itself supersedes contrary state due-on-sale law; we look to the preamble only for the administrative construction of the regulation, to which "deference is . . ..... ( .....
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