Judgment Search Results Home > Cases Phrase: handlooms reservation of articles for production act 1985 section 15 power to delegate Sorted by: recent Court: supreme court of india Page 1 of about 23 results (0.305 seconds)

Dr Ashwini Kumar Vs. Union of India Ministry of Home Affairs

Court : Supreme Court of India

..... the state governments/union territories and subsequent deliberation of their comments by the union of india. union of india has pointed out that they have a reservation on article 20 of the un convention. reference is also made to the vienna convention on the law of treaties, 1969, to which india is not a ..... measure or relative merits or demerits of the governmental action. neither does the constitution permit the courts to direct, advise or sermonise others in the spheres reserved for them by the constitution, provided the legislature or the executive do not transgress their constitutional limits or statutory conditions. referring to the phrase all ..... on case to case basis. judiciary while exercising its jurisdiction in this manner is not enacting or legislating but applying the constitution and protecting fundamental rights under article 21 of the constitution.36. this human right aspect was again highlighted in nilabati behera (smt) alias lalita behera (through the supreme court legal aid .....

Rajendra Kumar Gupta and anr. Vs. State of U.P. and ors.

Court : Supreme Court of India

Reported in : JT1997(2)SC581; (1997)4SCC511; 1997(1)LC676(SC)

..... reservation of articles for exclusive production by handloom industry under the provisions of handlooms (reservation of articles for production) act, 1985 was violative of article 14 of the constitution of india. it was held that reservation of articles under the act does not create any monopoly in favour of handloom industry. it was also observed that handloom ..... industry is the biggest cottage industry in the country and is next only to agricultural sector in providing rural employment. the act of 1985 was enacted for the protection of the interests of the handloom ..... very poor and will have no alternative employment in the rural areas unless protected through reservation of varieties for them. the reservation orders are for the continued employment of the handloom industry and are in the larger public interest. the restrictions are not only reasonable but .....

Dalmia Cement (Bharat) Ltd. and anr. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : 1996IVAD(SC)221; JT1996(4)SC555; 1996(4)SCALE14; (1996)10SCC104; [1996]Supp1SCR825

..... ors. : [1993]1scr803 , a bench of three judges was to consider the reservation of certain articles for exclusive production by the hand-looms whether violative of articles 19 and 14 of the constitution. this court held that there is no question of monopoly created in favour of the handloom industry. certain articles were reserved for the handloom industry to encourage the persons engaged in the manufacture of ..... handlooms on traditional looms engaged since 1950. recently, when the power-loom started manufacturing the items which were traditionally being manufactured by the handlooms that caused a serious inroad into the handloom industry. consequently, the state stepped into the business .....

Parvej Aktar and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : JT1993(1)SC453; 1993(1)SCALE456; (1993)2SCC221; [1993]1SCR803

..... it was claimed by the powerloom owners that they were not afforded such an opportunity to adduce evidence. to overcome such difficulties, government of india promulgated the handlooms (reservation of articles of production) act, 1985.27. it is necessary to set out the statement of objects and reasons of this act which runs as follows:statement of objects ..... persons employed is many times more than powerloom fro production of similar quantities of cloth. the reservation 35 of articles for handlooms does not pose and serious threat to powerlooms. it has been proved by the fact that even though the handlooms reservation orders have been on the statute book since 1950, the powerlooms have continued to proliferate and there ..... not for all time to time. it could be revise periodically. it is with this object in view, rule 3(5) of the handlooms (reservation of articles for production) rule, 1986 states as follows:3(5): the advisory committee may meet at such places and at such times as may be .....

Sukanya Shantha Vs. Union Of India

Court : Supreme Court of India

..... system , which was published on 10 december 2020. the article highlighted caste-based discrimination in the prisons in the country. the petitioner has sought directions for repeal of the offending provisions in state prison manuals. by an order dated 10 july 2024, judgment was reserved. we have heard a broad diversity of viewpoints from across ..... and access to resources. as has been observed: continued to be attributed typically to the rural hinterlands and assumed to be limited only to the discussions on reservation policy and electoral politics, caste has mutated and diversified during the past three decades. today, its presence is visible in urban housing, its markets and businesses, ..... be without statutory basis , as they are in conflict with poa act, 221 2019 insc110280 part xii and amounts to encroaching on a field which is reserved for the legislature . the court however clarified that if prima facie case has not been made out attracting the provisions of poa act, the bar created .....

The State Of Himachal Pradesh Vs. Yogendra Mohan Sengupta

Court : Supreme Court of India

..... of ownership or classification thereof. the word forest must be understood according to its dictionary meaning. this description covers all statutorily recognised forests, whether designated as reserved, protected or otherwise for the purpose of section 2(i) of the forest conservation act. the term forest land , occurring in section 2, will not ..... mushroomed in new areas, the infrastructure lagged, as roads remained narrow, the drainage poor, and no adequate provision for garbage disposal too.157. the article notes that the primary canals known locally as rajakaluves were once natural rain-fed streams across which farmers built small bunds over time, to arrest the ..... jurisdiction the tribunal concerned falls will serve two purposes. while saving the power of judicial review of legislative action vested in the high courts under article 226/227 of the constitution, it will ensure that frivolous claims are filtered out through the process of adjudication in the tribunal. the high court .....

Vijay Madanlal Choudhary Vs. Union Of India

Court : Supreme Court of India

..... but also helps in preventing the offence and creating a deterrent effect.130. in the case of the 2002 act, the parliament had no reservation to reckon the offence of money-laundering as a serious threat to the financial systems of our country, including to its sovereignty and integrity. ..... may have no incriminatory force; (iii) incriminatory without being confessional; and (iv) confessional. relying on the case of nandini satpathy348, it is submitted that article 20(3) applies to confessions and self- incriminations, but leaves untouched other relevant facts. therefore, unless there is an admission of an offence in clear terms ..... 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 cooperation in asset recovery. the convention mandated the participating states to conduct .....

Jaishri Laxmanrao Patil Vs. The Chief Minister And Ors.

Court : Supreme Court of India

..... , both the gaikwad commission s report and consequential legislation are unsustainable. we thus hold that maratha class was not entitled for any reservation under article 16(4) and grant of reservation under article 16(4) is unconstitutional and cannot be sustained. (13)social and educational backwardness of maratha community 307. we have noted above ..... going through all the seven opinions in the above case, it is difficult to hold that the settled view of this court that the reservation under article 15(4) or article 16(4) could not be more than 50% has been unsettled by a majority on the bench which decided this case.146. the ..... through service personnel who play a key role in implementing government policies, its obligation and duties. the state for exercising its enabling power to grant reservation under article 16(4) has to identify inadequacy in representation of backward class who is not adequately represented. for finding out adequate representation, the representation of backward .....

Forum For Peoples Collective Efforts (fpce) Vs. The State Of West Beng ...

Court : Supreme Court of India

..... and in conformity with the principles of natural justice, would abridge the rights conferred under the constitution.2. (a) article 254(2) contemplates reservation for consideration of the president and also assent . reservation for consideration is not an empty formality. pointed attention of the president is required to be drawn to the repugnancy ..... concurrent list (interchangeably referred to as list iii ) of the seventh schedule to the constitution; (ii) wb-hira has neither been reserved for nor has it received presidential assent under article 254(2); (iii) the state enactment contains certain provisions which are either: a. directly inconsistent with the corresponding provisions of the central ..... occupied field and is hence repugnant and void under article 254(2) of the constitution; e. wb-hira was not reserved for the assent of the president and is hence not protected by article 254(2) nor would the state enactment be protected by article 255 which applies only to a situation where a .....

Rajeev Suri Vs. Union Of India

Court : Supreme Court of India

..... the citizens have been indirect participants in primary legislations. by contrast, indirect public participation in delegated legislation gets restricted, an aspect highlighted with reservations in earlier judgments of this court49. traditionally this has passed judicial acceptance for several reasons, including exercise of keen legislative oversight over the ..... for the purpose and none other. in this way, legitimate expectation is a way in which the constitutional law guarantees non-arbitrariness enshrined under article 14. procedural legitimate expectation is distinct from substantive legitimate expectation as explained in r (bhatt murphy) and others v. independent assessor55, as ..... it would cause irreplaceable and non-revocable harm and damage garde 1 heritage buildings and precincts. (b) re-development if permitted would violate articles 49 and 51(c) of the directive principles of state policy. further, doctrine of public trust applies to historically significant buildings/precincts and .....