Court : Supreme Court of India
..... article 59(3)5 specifies that the president shall be entitled to such emoluments, allowances and privileges as may be determined by parliament by law while article 158(3) specifies the same for the governor. ..... declare that the provisions of various amending acts to act 30 of 1954, and particularly those of the amending act 9 of 2004, and amending act no. ..... 40 of 2006 and amending act 37 of 2010, providing for pension/family pension to ex mps/dependents, travel facilities to spouse and other non members, (in addition to the companion) and ex mps, as well as continuation of facilities, regarding unutilized quotas of telephone calls electricity and water units are ultra vires of the constitution and the original act. ..... the provisions challenged relate to the payment of pension and other facilities to 1 by the amendment act 2003, act 9 of 2004, amending act no.40 of 2006 and amending act 37 of 2010. ..... demission be entitled to (a) a pension which is equal to the pension payable to a judge of the supreme court in accordance with the provisions of part iii of the schedule to the supreme court judges (conditions of service) act, 1958, as amended from time to time; and judge of the supreme court under the said act and the rules made thereunder, as amended from time to time (b) such pension (including commutation of pension), family pension and gratuity as are admissible to a 8 may not be varied during their tenure. ..... but this was done away with retrospective effect by the amendment act no.9 of 2004. .....
Tag this Judgment!Court : Supreme Court of India
..... article 59(3)5 specifies that the president shall be entitled to such emoluments, allowances and privileges as may be determined by parliament by law while article 158(3) specifies the same for the governor. ..... declare that the provisions of various amending acts to act 30 of 1954, and particularly those of the amending act 9 of 2004, and amending act no. ..... 40 of 2006 and amending act 37 of 2010, providing for pension/family pension to ex mps/dependents, travel facilities to spouse and other non members, (in addition to the companion) and ex mps, as well as continuation of facilities, regarding unutilized quotas of telephone calls electricity and water units are ultra vires of the constitution and the original act. ..... the provisions challenged relate to the payment of pension and other facilities to 1 by the amendment act 2003, act 9 of 2004, amending act no.40 of 2006 and amending act 37 of 2010. ..... demission be entitled to (a) a pension which is equal to the pension payable to a judge of the supreme court in accordance with the provisions of part iii of the schedule to the supreme court judges (conditions of service) act, 1958, as amended from time to time; and judge of the supreme court under the said act and the rules made thereunder, as amended from time to time (b) such pension (including commutation of pension), family pension and gratuity as are admissible to a 8 may not be varied during their tenure. ..... but this was done away with retrospective effect by the amendment act no.9 of 2004. .....
Tag this Judgment!Court : Supreme Court of India
..... on 31 december 1976, the ninth schedule was amended by co106 on 31 december 1977 as a result of co108 section 2 of the 25th 302 clause 4 of article 368 as added by co101read as follows: (4) no law made by the legislature of the state of jammu and kashmir seeking to make any change in or in the effect of any provision of the constitution of jammu and kashmir relating to- (a) appointment, powers, functions, duties, emoluments, allowances, privileges or immunities of the governor; or (b) superintendence, direction and control of elections by the election commission of india, eligibility for inclusion in the electoral ..... prize competitions act, 1956 xii1956civil servants (removal doubts and xiv1956declaration of rights) act, 1956 government servants (held in detention) xv1956act, 1956 registration of deeds (validation) act, xxi19561956 deputy speakers and deputy chairman s xxiv1956emoluments act, 1956 common lands (regulation) act, 1956 xxiv1956chowkidari act, 1956 xxxvii1956hindu succession act, 1956 xxxviii1956nurses, midwives and health visitors xli1956registration act, 1956 christian marriage and divorce act, 1957 iii1957282 part e representation of people act, 1957 iv1957deputy ministers salaries and allowance vi1957act, 1957 hindu minority and guardianship act, vii19571957 407 ..... 12 ramachandra guha, india after gandhi: the history of the world's largest democracy (picador 2008) 60; see also v.p. .....
Tag this Judgment!Court : Kolkata
Reported in : (1986)51CTR(Cal)139,[1985]156ITR36(Cal)
..... narula : [1984]150itr21(delhi) , the delhi high court held that section 2 of the united nations (privileges and immunities) act, 1947, read with section 18, clause (b) of article v of the schedule thereto, inter alia, grants exemption from taxation in respect of salaries and emoluments paid by the united nations to its officials. ..... if the pension received by the former employee of the united nations is exempt because salary itself is exempt under the provisions of the privileges and immunities act then, on a parity of reasoning, pension receivable by a widow of an employee of the united nations who died in harness should also be exempt from income-tax.17. ..... --(1) notwithstanding anything to the contrary contained in any other law, the provisions set out in the schedule to this act of the convention on the privileges and immunities, adopted by the general assembly of the united nations on the 13th day of february, 1946, shall have the force of law in india. ..... garg [1982] 133 itr 1, the delhi high court was considering the assessability of the amount allowable as a child benefit under article viii(1) of the regulations of the united nations joint staff pension fund. ..... (2) the central government may, from time to time, by notification in the official gazette, amend the schedule in conformity with any amendments, duly made and adopted, of the provisions of the said convention set out therein.' 7. ..... the said act received the assent of the governor-general on december 20, 1947. .....
Tag this Judgment!Court : US Supreme Court
..... " this order was amended by an act of the commission (no.194), passed august 10, 1901, and is as follows: "(g) no.194. ..... " that the learned justice could not have intended to intimate that a second prosecution could be allowed by statute after an acquittal of the offense is shown by the subsequent decision of this court in united states v. ..... " "that the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion, insurrection or invasion the public safety may require it, in either of which events the same may be suspended by the president, or by the governor, with the approval of the philippine commission, whenever during such period the necessity for such suspension shall exist. ..... " "that no law granting a title of nobility shall be enacted, and no person holding any office of profit or trust in said islands shall, without the consent of the congress of the united states, accept any present, emolument, office or title of any kind whatever from any king, queen, prince or foreign state. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1991P& H231
..... the emoluments, allowances and privileges of the governor of the state are governed by the provisions of the governors (emoluments, allowances and privileges) act, 1982. ..... indira nehru gandhi, air 1972 sc 1302, while interpreting sections 83 and 86(5) of the representation of the people act, in para 19 of the judgment, it was observed as under:--'from these two provisions, it follows that if the allegations made regarding a corrupt practice do not disclose the constituent parts of the corrupt practice alleged, the same will not be allowed to be proved and further those allegations cannot be amended after the period of limitation for filing an election petition; but the court may ..... corrupt practice alleged under section 86(5) of the representation of the people act which reads as under:--'the high court may, upon such terms asto costs and otherwise as it may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may in its opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow any amendment of the petition which will have the effect of introducing particulars ..... it is not a question of supplying more particulars of the facts already mentioned by amendment of the election petition as contemplated under the law. ..... such a defect cannot be cured by any amendment after the period of limitation for filing the election petition. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1982Raj1; 1981()WLN198
..... a sub-clause (4) further provides that a person discharging the functions of the governor shall be entitled to the same emoluments, allowances and privileges as the governor whose functions he discharges or for whom he acts. ..... the party in power controlling the union government is at loggerheads with the government of west bengal and is seeking an opportunity to dissolve the west bengal assembly; and as the governor of west bengal is not amiable to the control of the central government, the government of india is conceiving and planning the dismissal of the governor of west bengal with a view to send there a governor, who may make a report against the government of west bengal as desired by the union government ..... admitted fact that shri raghukul tilak was allowed to act as governor for a pretty long time after the congress (i) coming into power in centre and the state. ..... that up to the year 1980 the provisions of article 156(3) were always treated as mandatory and all the governors appointed to discharge the functions of that high office were allowed to hold office for a term of live years. ..... in the contention that the president of india while terminating the term of appointment of shri raghukul tilak as governor of rajasthan ought to have allowed him to work on that post till a permanent incumbent was appointed. ..... 42nd amendment act. ..... in view of the amendment of article 74 the provision of article 156(1) is liable to be declared to be ultra vires ..... 1976, particularly, amending article 74 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1986Mad290
..... 59(3) and 65(3) which provide for the emoluments, allowances and privileges of the president and the vice-president of india, as also ..... 322 which made provision for expenses of the union or a state public service commission, including any salaries, allowances, and pension payable to or in respect of the members or staff of the commission and that such expenses shall be charged on the consolidated fund of india, or, as the case maybe, the consolidated fund of the ..... 148(6) which reads that 'the administrative expenses of the office of comptroller and auditor general, including all salaries, allowances and pensions payable to or in respect of persons serving in that office, shall be charged upon the consolidated fund of ..... that pension shall not be paid to any person for the period during which such person was or is in receipt of any salary or any emoluments other than travelling allowance either from any state or the central government or from any company or statutory body owned or controlled by any state or the central government, and if any such income was or is received, the payment of pension shall be suspended for that period. ..... 12-b of the act was first introduced by the tamil nadu payment of salaries (second amendment) act 1975 and which has been amended from time to time, reads today as follows: -section ..... proviso says that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pension, require the approval of the governor of the state. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1997MP223
..... (3) the governor shall be entitled without payment of rent to the use of his official residences and shall be entitled to such emoluments, allowances, and privileges as may be determined by parliament by law and, until provision in that behalf is so made, such emoluments, allowances, and privileges as are specified in the second schedule. ..... of the house of the people twice for its duration as provided in clause (2) of article 83 of the constitution, whether consecutively or not, and who is not entitled to any pension under the foregoing provisions of this sub-section, he shall with effect from the commencement of the salary, allowances and pension of members of parliament (amendment) act, 1993, be entitled to a pension of one thousand and four hundred rupees per mensem : provided also that every person, who served for any period as a member ..... of the provisional parliament and who is not entitled to any pension under the foregoing provisions of this sub-section, shall with effect from the .....
Tag this Judgment!Court : Mumbai
Reported in : 2009(111)BomLR4111
..... (i) the first submission is that under the maharashtra private security guards (regulation of employment and welfare) (amendment) act, 1981 ('the said act' for short), as it stood prior to this amendment and as it was interpreted by the courts, the agencies or the contractors were not permitted to provide the security guards and that the employment of the security guards and that the employment of the security guards who were not the direct employees of the factories or establishments, had to be provided only by the ..... section 22 saves generally the rights and privileges which any registered security guard employed in any factory or establishment is entitled to, on the date the said act came into force and which rights or privileges were available to such security guards under any other law, contract, custom or usage applicable to such security guards, if such rights or privileges are more favourable to them than those to which they would be entitled to under the said act. ..... clause 30 deals with the wages and allowances and other conditions of service of the security guards of the board. ..... before the state act was enacted the governor of the state of maharashtra had promulgated the maharashtra private security guards (regulation of employment and welfare) ordinance, 1981 on 29th june, 1981. ..... writ petition 200 of 2008 is filed by a bank, which has engaged security guards through respondents nos. ..... 2316 of 2008 is filed by the mumbai international airport pvt. .....
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