Court : Supreme Court of India
Reported in : 1995(1)ALT62(SC)
..... the objection by the learned counsel appearing for the widow of jamuna prasad against impleading of the the direction to the allotment of their shares according to the hindu succession act without reference to the will. the appeal is, therefore, allowed and the trial court is directed to allot the shares of each legal representatives separately in ..... it appears though the legal representatives' application was ordered impleading the wife, two sons and (sic. four) daughters in the appeal the cause title was not amended. when the matter came up before the trial court for passing final decree an application was moved on behalf of legal representatives of the plaintiff to bring on ..... respect of the share of jamuna prasad as per hindu law without reference to any will alleged to have been executed by jamuna prasad. however, we make it clear that this will not preclude the widow of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC1146; (1975)1SCC166; [1975]2SCR774
..... along with three other appeals at an earlier stage with regard to the constitutionality of section 13 (3a) of the west bengal premises tenancy (second amendment) act, 1969 (briefly the amendment act). a division bench repelled the contention of the appellants in decision which has since been reported in : air1971cal331 (sailendra nath ghosal and ors. v. ..... be applicable and the high court will call for a finding from the appropriate court in that behalf and thereafter dispose of the appeals on merits. since success is shared, there will be no orders as to costs in these appeals.67. in accordance with the majority judgment, the appeals are allowed with costs; ..... property under article 19(1)(f) of the constitution, it is sufficient to state that the question is covered by two decisions of this court in the commissioner, hindu religious endowments, madras v. sri lakihmindra thirtha swamiar of sri shirur mutt : [1954]1scr1005 and swami motor transport (p) limited and anr. v. sri sankaraswamigal .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2001)9SCC204
..... fiction is that even though these allotments may not have been made under sections 38-c they would be saved by section 9 of the amendment act by virtue of the deeming fiction.11. even otherwise we are of the view that the resolution of bda did substantial justice to the appellants. a situation ..... the appellants has invited our attention to the bangalore development authority (third amendment) act, 1993 (for short the amendment act) which came into force with effect from 31-3-1994.9. section 5 of the amendment act has introduced section 38-c in the act and section 9 of the amendment act validates certain allotments. these two sections are as under:38-c. ..... the allotment of sites to the appellants was not the same as has been provided by the amendment act under section 38-c, but that would not invalidate the allotments because the deeming fiction created by section 9 of the amendment act would bring the allotments within the purview of section 38-c. the effect of the deeming .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC1598; 2002(6)BomCR367; JT2002(3)SC304; 2002(3)SCALE122; (2002)4SCC638; [2002]2SCR661
..... law. when the aforesaid principle are applied to the case in hand, the so-called right of the respondents, depending upon the conclusion that he amendment act is constitutionally invalid and, therefore, the right to get interim payment will continue till the final decision of the board of revenue cannot be sustained when ..... the question for consideration was whether the earlier decision of the high court regarding the unconstitutionality of section 4(1) of the west bengal criminal law amendment act, would be binding between the parties and the correctness could not be collaterally or incidentally challenged the court held that it would not be permissible for the ..... not protected by article 31a or 31b. it further held that interim payments were payable upto the date of the ordinance but not thereafter. thus the amended act was held to be valid prospectively. the present respondents along with several others filed writ petitions before the andhra pradesh high court, seeking interim payments, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3650; 2003(2)ALD(Cri)670; 2003CriLJ4903; JT2003(7)SC276; 2003(6)SCALE639; (2004)9SCC344
..... been illegally collected from the trees unlawfully felled and by unlawful tapping and collection of such produce and, therefore, the provisions of the indian forest act, as amended by the bihar amendment act and the rules made thereunder, alone are attracted to these cases and rightly applied, too. the decision of the high court, taking a ..... and/or manufacture of forest produce, as notified therein, are squarely covered under the indian forest act, 1927 as amended by bihar act 9 of 1990 and by virtue of section 52 (3), as amended by the bihar amendment act (act 9 of 1990), power to confiscate inhere in the forest officials notified for the purpose and, therefore ..... and seized about 445 kgs. of illicit katha together with the truck in exercise of powers under section 52 of the indian forest (bihar amendment) act, 1990 (hereinafter referred to as 'bihar amendment act, 1990') near danapur, on 5.2.1991. the seizure list was said to have been sent to the additional chief judicial magistrate, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(168)LC1(SC); 2009(7)LC3189(SC); 2009AIRSCW2072; 2009(5)SCC46; 2009(3)Scale242; 2009(4)JT23.
..... the central government in the formulation of exim policy and shall be responsible for carrying out that policy. under section 6(3) of the 1992 act only central government is empowered to amend the ftp.17. under para 2.3 of the ftp (2004-09) dgft is empowered to interpret the policy. if any doubt or ..... scheme of the statute, one finds a clear demarcation between an amendatory provision and a clarificatory provision. section 5 of the 1992 act contemplates amendment to the ftp. it empowers only the central government to amend the policy. this power is not given to the dgft. it is not open to dgft vide circulars to change categorization of ..... in force upto 31st march, 2009, unless asotherwise specified.the central government reserves the right in publicinterest to make any amendments to this policy inexercise of the powers conferred by section-5 of the act.such amendment shall be made by means of aamendments 1.3 notification published in the gazette of india.transitional 1.4 any notifications .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1972SC1586; (1972)2SCC11; [1972]3SCR815
..... and servants. 9. it is clear from a perusal of the above provisions that the amendment act does away with the hereditary tight of succession to the office of archaka even if the archaka was qualified under rule 12 of the madras hindu religious institutions (officers and servants) service rules, 1964. it is claimed on behalf ..... and article 26(b) are violated since the effect of the amendment is as follows:(a) the freedom of hereditary succession to the ..... of the petitioners that as a result of the amendment act, their fundamental rights under article 25(1) .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC605A
..... , its sweep, operation and visibility are apparent from fundamental rights and directive principles and their related provisions. it was made explicit by amending the preamble of the constitution 42nd amendment act. the concept of secularism of which religious freedom is the foremost appears to visualise not only of the subject of god but also ..... and religious belief and does not promote any particular religion nor prefers one against another. the concept of the secular state is, therefore, essential for successful working of the democratic form of government. there can be no democracy if anti-secular forces are allowed to work dividing followers of different religious faith ..... enjoyment of rights in, the disputed area by exercise of rights of ownership of hindu owners of the adjacent properties. obviously, it is for this reason that the adjacent area has also been acquired to make available to the successful party, that part of it which is considered necessary, for proper enjoyment of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC605; JT1994(6)SC632; (1994)6SCC360; [1994]Supp5SCR1
..... , its sweep, operation and visibility are apparent from fundamental rights and directive principles and their related provisions. it was made explicit by amending the preamble of the constitution 42nd amendment act. the concept of secularism of which religious freedom is the foremost appears to visualise not only of the subject of god but also ..... and religious belief and does not promote any particular religion nor prefers one against another. the concept of the secular state is, therefore, essential for successful working of the democratic form of government. there can be no democracy if anti-secular forces are allowed to work dividing followers of different religious faith ..... enjoyment of rights in, the disputed area by exercise of rights of ownership of hindu owners of the adjacent properties. obviously, it is for this reason that the adjacent area has also been acquired to make available to the successful party, that part of it which is considered necessary, for proper enjoyment of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1969SC569; [1969]1SCR874
..... in the line of succession than what she had under the customary law in respect of properties of her brother not held by him in ..... all that we have to ascertain is the mode of succession to the same in accordance with the ordinary rule of hindu law. the parties are governed by mitakshara law under which a sister is one of the heirs of a male person. in view of hindu law of inheritance amendment act 1929 (act ii of 1929), the sister is given a higher place ..... trusteeship similar to the one before us is governed by the ordinary rules of inheritance under the hindu law. act ii of 1929 has amended the general law of inheritance in certain respects and the same alteration must be recognised in regard to succession to trusteeship as well. this view finds support from the decision of this court in sm. angurbala .....
Tag this Judgment!