Court : Supreme Court of India
..... 211 - a to states in part ill. but it is realized that in applying part vi to the indian 216 article 238 of the constitution before it was repealed by the constitution (seventh amendment) act 1956 dealt with the internal constitution of the part b states. the article stipulated that the provisions of part ..... senior counsel. 93 written submissions of mr. chander uday singh, senior counsel. 42 part c demarcation of indian states into part a, b, c and d states was not feasible. thus, the constitution (seventh amendment) act 195694 removed these distinctions and introduced the concept of union territories. from 1955 onwards, through various legislations under ..... be construed and have effect accordingly.5. the terms of this my instrument of accession shall not be varied by any amendment of the act or of the indian independence act, 1947 unless such amendment is accepted by me by an instrument supplementary to this instrument.6. nothing in this instrument shall empower the dominion legislature .....
Tag this Judgment!Court : Supreme Court of India
..... address those issues the state was empowered to impose reasonable restrictions in the interest of general public.5. this was followed by the constitution (sixteenth) amendment act, 1963, wherein the state was empowered to impose reasonable restrictions on the freedoms conferred under article 19, particularly on the ground of protection of interests ..... clause 4. at the time of the enactment of the indian constitution, as submitted by the union of india, article 19 did not contain reasonable restrictions . the words reasonable restrictions within article 19(2) were introduced by the constitution (first 7 amendment) act, 1951, which stated in its object and reasons that within ..... difference between the american and indian scenario, so far as, subserving public interest is concerned. it is this difference which seemed to have escaped 61 (2000) 1 scc42646 the learned division bench s attention in arup bhyan and indra das.51. as recorded by the constitution (first amendment) act, 1951, issues in the .....
Tag this Judgment!Court : Supreme Court of India
..... taxable territories, but in the following cases, namely: (i) where the property is held under trust or other legal obligation created before the commencement of the-indian income-tax (amendment) act, 1953 (xxv of 1953), and the income therefrom is applied to such purposes without the taxable territories; and (ii) where the property is held under ..... for religious and charitable purposes, it would fall under clause (i), if the other conditions laid down therein were satisfied. 5 section 4(3) of the indian income-tax (amendment) act, 1939, reads as follows: (3) any income, profits or gains falling within the following classes shall not be included in the total income of the person ..... a charitable trust or institution for the relief of the poor, education or medical relief, which carries on any business, any income 18 through the taxation laws amendment act, 1975. 19 section 13 - section 11 not to apply in certain cases. 18 derived from such business, unless the business is carried on in the .....
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..... need for interpretation by rojer mathew vs. south indian bank limited and ors.90 has also been asserted. the 2018 amendment is also challenged by referring to the notes on clauses of the finance bill, 2018. it is also pointed out that similar amendments were proposed for the 1962 act in the year 2012 and, yet, the same ..... were dropped at the insistence of members of the parliament91. (ix) further, given the maximum punishment of seven (7) years under pmla, it was argued that it is disproportionate when comparing the same to other offences under the ipc which ..... compliant. thus, with a view to address the legal deficiency as pointed out by fatf and to make it globally compliant, the prevention of money-laundering (amendment) act, 2012 amended section 3 to include these activities. in support of his argument, learned solicitor general draws our attention to the statement of object and reasons of prevention .....
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..... discretion further, as, in its legislative judgment, it is neither possible nor desirable to do so. parliament could not but be aware that since the amending act 26 of 1955, death penalty has been imposed by courts on an extremely small percentage of persons convicted of murder a fact which demonstrates that courts have ..... mitigating circumstances which should be considered when sentencing an offender, is possible. the infinite variety of cases and facets to each case would make general standards either meaningless boiler plate or a statement of the obvious that no jury (judge) would need. (referred to mcgoutha v. california: (1971) 402 us183 (b) the ..... been convicted and sentenced to life imprisonment by the learned special judge (prevention of sati) & addl. sessions judge, jaipur metropolitan, jaipur under section 302/34 ipc. he s a recidivist i.e. prove to killing and people dangerous to society/jail inmates. (underlining in original written submissions) 30.1. the aforesaid factual .....
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..... seen that section 12a of the ibc was brought in the statute book on the basis of the said committee s report. it could be noticed that though by the amendment act no.26 of 2018, the voting share of 75% of coc for approval of the resolution plan was brought down to 66%, section 12a of the ibc which ..... relevant to note that section 12a of the ibc was brought in the statute book vide insolvency and bankruptcy code (second amendment) act, 2018 (act no.26 of 2018). the statement of objects and reasons (for short sor ) of the act no.26 of 2018 would reveal that after the ibc was enacted in 2016, it had emerged that further fine tuning ..... and assessment made by their team of experts. a reference in this respect could be made to the judgments of this court in the cases of k. sashidhar v. indian overseas bank and others2, committee of creditors of essar steel india limited through authorised signatory v. satish kumar gupta and others3, maharashtra seamless limited v. padmanabhan venkatesh and others4 .....
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..... nclt seroco seroco lighting industries private limited seroco appeal civil appeal no 295 of 2021 sfio serious frauds investigation office sica sick industrial companies act 1985 singapore act companies (amendment) act 2017 swiss ribbons swiss ribbons (p) ltd v. union of india third withdrawal ca no 1816 (pb) of 2019 in cp (ib ..... all rivals during the bidding process; (iii) alternatively, the coc-approved resolution plan is a contingent contract under section 32 of the indian contract act:73. part e (a) the contract has become void since the contingency of certainty of ppa with guvnl within a specified time through ..... 5 cbi central bureau of investigation cirp corporate insolvency resolution proceedings ibbi (insolvency resolution process for corporate cirp regulations persons) regulations, 2016 contract act indian contract act 1872 chhattisgarh state electricity board gratuity and cseb pension trust and chhattisgarh state electricity board provident fund trust cseb application ca no 160 (pb .....
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..... orders dated 31.12.2014, clearly mentioning that the acquisitions made under the three state enactments would be saved by amendment to the new land acquisition act and for this purpose the amending act even though received the assent of the president on 1.1.2015 was deemed to have come into force on 1 ..... phenomenon in legislative systems nor counter to the plenitude of powers constitutional law has in many jurisdictions conceded to such instrumentalities clothed with plenary authority. the indian legislatures and courts have never accepted any inhibition against or limitation upon enactment by incorporation, as such. (emphasis supplied) 45. the authorities discussed above ..... ltd. v. broach borough municipality, (1969) 2 scc283 lalitaben v. gordhanbhai bhaichandbhai, 1987 supp scc750 janapada sabha chhindwara v. central provinces syndicate ltd., (1970) 1 scc509 indian aluminium co. v. state of kerala, (1996) 7 scc637 23 in ujagar prints & ors. (ii) vs. union of india & ors.34, a 5 judges .....
Tag this Judgment!Court : Supreme Court of India
..... now be useful to analyse some decisions cited by the respondents. in bishwambhar singh (supra)the power under section 3(1) of the orissa estates abolition (amendment) act, 1952 was involved. the provision enabled the state to declare that an estate had in terms of notifications issued in that regard- vested in it, free ..... scr913 221954 scr842 21 before the nclt, which would also be seized of resolution proceedings against the corporate debtors.38. the attorney general submitted that the amendment act brought about a classification after detailed deliberations and in the light of the report of the working group on individual insolvency, regarding strategy and approach for ..... provision may be made in any enactment so extended, for the repeal or amendment of any corresponding law (other than a central act) which is for the time being applicable to that part-c state , is ultra vires the indian parliament which passed the act.69. in narottamdas jethabhai (supra) three issues were involved; one of .....
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..... amended act were also inadequate and a somewhat revised bill was subsequently introduced in 1909 and the same was passed as a statute in ..... its recommendations, the first factories bill, 1880 was legislature, subsequently however, the bill was adopted as an act. no sooner however, the act was passed, agitation started afresh in bombay and other places and on the basis of the report of a committee, the indian factories (amendment) act of 1891 introduced in the 13 (2001) 7 scc65925 part f was passed. the provisions of the .....
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