Judgment Search Results Home > Cases Phrase: house of the people extension of duration act 1976 Page 1 of about 893 results (0.203 seconds)

Waman Rao and ors Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : (1981)2SCC362; [1981]2SCR1

..... thus, we are now left to consider the validity of :(1) the promulgation of the state of emergency by the proclamations dated december 3, 1971 and june 25, 1975; (2) the house of the people (extension of duration) act, 1976; (3) the house of people (extension of duration) amendment act, 1976, and(4) the constitution (fortieth amendment) act, 1976.the validity of all these is inter-connected and the focus of the challenge is the aforesaid proclamations of emergency.61. ..... the normal term of five years of the lok sabha was due to expire on march 18, 1976 but, its life was extended for one year by the house of the people (extension of duration) act, 1976 ..... yet another act was passed by the parliament, the house of the people (extension of duration) amendment act, 1976, by which the term of the lok sabha was further extended by another ..... february 16, 1976 the house of people (extension of duration) act was passed. ..... on november 24, 1976 the house of people (extension of duration) amendment act was passed extending the term of the parliament for a farther period of one ..... coming to the two acts of 1976 by which the life of the lok sabha was extended, section 2 of the first of these acts, 30 of 1976, which was passed on february 16, 1976, provided that the period of five years in relation to the then house of the people shall be extended for a period of one year 'while the proclamation of emergency issued on the 3rd day of december, 1971 and on the 25th day of june, 1975, are both in operation .....

Baburao Alias P.B. Samant Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1988SC440; [1988]172ITR713(SC); JT1987(4)SC672; 1987(2)SCALE1322; 1988Supp(1)SCC401; [1988]2SCR431

..... the contention of the petitioner is that the duration of the house of the people could have been validly extended only when a proclamation of emergency was in force under the proviso to clause (2) of article 83 of the constitution and since the two proclamations of emergency dated 3rd december, 1971 and 25th june, 1975 were either ultra vires the constitution or had ceased to be in operation by the time the house of the people (extension of duration) act, 1976 (act 30 of 1976) was passed by parliament, the house of the people (extension of duration) act, 1976 (act 30 of 1976) had no effect and consequently all acts passed by the house of the people during the extended period including the finance act, 1976 were ultra vires the constitution. ..... the petitioner was an assessee under the income-tax act and wealth tax act during the assessment year 1976-77 and was liable to pay income-tax and wealth tax in accordance with the rates prescribed by the finance act, 1976 which was passed by the lok sabha during its extended period which was extended under the provisions of the house of the people (extension of duration) act, 1976 (act 30 of 1976), after the expiry of five years from the date appointed for its first meeting. .....

Minerva Mills Ltd. and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1980SC1789; (1980)3SCC625; [1981]1SCR206; 1980(12)LC727(SC)

..... . it is no doubt true that the house of people (extension of duration) act, 1976 was enacted by parliament under the proviso to article 83(2) extending the duration ol the lok sabha for a period of one year but the argument of the petitioners was that this act was ultra vires and void, because the duration of the lok sabha could be extended under the proviso to article 83(2) only during the operation of a proclamation of an emergency and, in the submission of the petitioners, there was no proclamation of emergency in operation at the time when the house of people (extension of duration) act, 1976 was passed ..... said proclamations cease or ceases to operate before the expiration of the said period of one year, the present house of the people shall, unless previously dissolved under clause (2) of article 83 of the constitution, continue until six months after the cesser of operation of the said proclamations or proclamation but not beyond the said period of one year.while interpreting the language of this section, it is necessary to bear in mind that the house of people (extension of duration) act, 1976 was enacted under the proviso to clause (2) of article 83 for the purpose of extending the duration of the lok sabba and it was a condition .....

Angdui Norbu and Others Vs. State of H.P. and Others

Court : Himachal Pradesh

..... 78 of the panchayati raj act, the panchayat samiti shall consist of the elected members from the territorial constituencies, 15 in the instant case, the members of the house of the people and members of the legislative assembly of the state representing the constituencies which comprise wholly or partly the panchayat samiti area, the members of the council of the states, where they are registered as electors in the panchayat samiti area, one-fifth of the gram panchayats in the panchayat samiti area by rotation, for such period as prescribed authority may determine by lot and the member of the zila parishad representing the ..... the proviso to rule 85(1a) has also dealt with outer time limit for the purpose of election of chairman and vice chairman, providing that a meeting beyond seven days of the members entering office for the purpose of election of chairman and vice chairman, is permissible for an outer limit of one month in the event of the three prescribed contingencies; 1) natural calamity, 2) law and order problem and 3) the declaration of the election is beyond 15 days prior to the expiry of the duration of the existing samiti. 26. ..... the question of a member seeking extension of time on account of any disability on the first day of the meeting thus convened after the declaration of the result of the election, is only for extension of time within seven days. .....

Eldred Vs. Ashcroft

Court : US Supreme Court

..... " in the 1998 copyright term extension act (ctea), congress enlarged the duration of copyrights by 20 years: under the 1976 copyright act (1976 act), copyright protection generally lasted from a work's creation until 50 years after the author's death; under the ctea, most copyrights now run from creation until 70 years after the author's death, 17 u. s. c. ..... , house hearings 233-239 (statement of quincy jones); copyright term extension act of 1995: hearing before the senate committee on the judiciary, 104th cong. ..... it is virtually a contract between each patentee and the people of the united states, by which the time of exclusive and secure enjoyment is limited, and then the benefit of the discovery results to the public. ..... those who wrote the house report on the landmark copyright act of 1909, for example, said that copyright was not designed "primarily" to "benefit" the "author" or "any particular class of citizens, however worthy." h. r. ..... more importantly, as the house of lords recognized when it refused to amend the statute of anne in 1735, unless the clause is construed to embody such a categorical rule, congress may extend existing monopoly privileges ad infinitum under the majority's analysis. ..... similarly, those who wrote the house report on legislation that implemented the berne convention for the protection of literary and artistic works said that "[t]he constitutional purpose of copyright is to facilitate the flow of ideas in the interest of learning." h. r. .....

Subhash Desai Vs. Principal Secretary, Governor Of Maharashtra

Court : Supreme Court of India

..... the house of the people from that state at such general election; or (iii)at the last general election to the legislative assembly of the state, the party has won at least three percent of the total number of seats in the legislative assembly, (any fraction exceeding half being counted 83 part e as one), or at least three seats in the assembly, whichever is more; or (iv)at the last general election to the house of the people from the state, the party has returned at least one member to the house of the people ..... of that house under paragraph 2 of the tenth schedule shall also be disqualified to be appointed as a minister under clause (1) for duration of the period commencing from the date of his disqualification till the date on which the term of his office as such member would expire or where he contests any election to the legislative assembly of a state or either house of the legislature of a state having legislative council, as the case may be, before the expiry of such period, till the date on ..... the eci has since held that the faction that is not recognised as the political party in the proceedings under paragraph 15 cannot be automatically recognised as a state or national party because its members were not elected on the ticket of the newly formed political party but on the ticket of the political party from which their faction emerged.52 the unsuccessful group must now apply for the registration of its political party under section 29a of the representation of the people act .....

Dalip Kaur Brar Vs. M/S. Guru Granth Sahib Sewa Mission (Regd.) and An ...

Court : Supreme Court of India

..... which has been suggested by the respondents would lead to a situation where, though the rate of rent is not in dispute and the tenant admits that rent is due and payable for a certain duration of time (while disputing the quantum of arrears) the landlord in pursuance of a determination made on a provisional basis by the rent controller would be deprived of the rent due and payable, while the tenant takes a chance of being able to demonstrate in the course of an appeal against the order of eviction that the initial determination for a certain ..... the proviso to section 13(2) (i) of the east punjab urban rent restriction act, 1949 casts an obligation on the controller to make an assessment of (i) arrears of rent, (ii) the interest on such arrears, and (iii) the cost of application and then quantify by way of an interim or provisional order the amount which the tenant must pay or tender on the first date of hearing after the passing of such order of assessment by the controller so as to satisfy the requirement of the proviso. ..... undoubtedly, the frame of the civil revision incorporated a challenge to the order of eviction as well as to the orders passed by the appellate authority on 7 january 2008 (granting a conditional stay) and on 18 february 2008 (dismissing the application for modification and extension). ..... 3 on 1 june 2005 a lease was executed by the appellant by which a residential property, bearing house no.2535 in sector 35-c at chandigarh, was let out to the respondents. .....

Peacock Plywood Pvt. Ltd. Vs. the Oriental Insurance Co. Ltd.

Court : Supreme Court of India

Reported in : I(2007)ACC47; 2007(1)ALLMR(SC)905; 2007(1)CTLJ53(SC); JT2007(1)SC191; 2006(14)SCALE300

..... august, 1992 was within the period of limitation in terms of article 44 of the schedule appended to the limitation act, 1963, the relevant portion whereof is as under:description of suit period of limitation time from which period beings torun(a) ***(b) on a policy of insurance three years the date of the occurrence causingwhen the sum insured is payable the loss, or where the claim on theafter proof of the loss has been policy is denied, either partly orgiven to or received by the wholly, the date of such denial.insurers.when the termination of the contract of insurance has ..... beyond the control of the assured either the contract of carriage is terminated at a port or place other than the destination named therein or the transit is otherwise terminated before delivery of the goods as provided for in clause 8 above, then this insurance shall also terminate unless prompt notice is given to the underwriters and continuation of cover is requested when the insurance shall remain in force, subject to an additional premium if required by the underwriters, either*** *** *** *** *** ***9.2 if the goods are forwarded within the said period of 60 days (or any agreed extension therein) to the ..... the duration of contract is mentioned in clause 8 of the contract of insurance. ..... the division bench of the high court has referred to middows (supra), which has expressly been reversed by the house of lords in rickards v. .....

Present: Mr. Kulbhushan Raheja Advocate Vs. State of Punjab and Others

Court : Punjab and Haryana

..... if in a democratic set up, the elected members.who have got a secured tenure of 5 years in terms of the provisions of the act as well as the constitution of india, are allowed to play with the sentiments of the people to whom they represent in the municipalities in the manner in which the firs.meeting dated 22.07.2008 was held, it would defeat the very purpose of bringing chapter ix a in the constitution of india for providing a secured tenure of 5 years to the elected members.kumar vino.2013.07.22 12:44 i attest to the accuracy and integrity of this document chandigarh cwp no.19261 of 2012 [ 11 ] ..... members who may or may not allow the meeting to be successful for any reason which may be best suited to them and may get an extension of their period in the office, as has been experienced in the present case where the elected members of the municipal council, ferozepur, had disrupted the firs.meeting dated 22.07.2008 though the said meeting was admittedly convened by the deputy commissioner for the purpose of administering oath of office to the newly elected members and also for election ..... may be noticed that the parliament by the constitution (seventy fourth amendment) act, 1992, inserted part ix a in the constitution of india provided for the constitution and duration of municipalities etc.with a view to give a secured tenure to the municipalities of 5 years from the date appointed for its firs.meeting, unless it is not dissolved under any other law for the time being in force. .....

Universal Petro Chemicals Ltd. Vs. B.p.plc And Others

Court : Supreme Court of India

..... as the approval granted by the reserve bank of india was lapsing, the appellant applied to the ministry of commerce & industry, government of india for approval with respect to the royalty, extension of duration of the contract etc. ..... mark and design being annexures "a", "b", "d" and "f" hereof and the defendants no.1 and 2 from procuring breach thereof or acting contrary thereto in any manner whatsoever ; g) decree for specific performance of the said collaboration agreement and agreement upon trade marks dated november 1, 1994 as modified by the supplementary agreement dated january 3, 1995 and december 27, 2002 executed by and between the plaintiff and the defendant no.3; h) perpetual injunction restraining the defendant no.3 and/or its servants and/or its agents from ..... interfering with the right of the plaintiff to market its products of finished automotive .....