Court : Supreme Court of India
Decided on : Dec-09-2003
Reported in : JT2005(11)SC342; (2004)2MLJ144(SC); 2003(10)SCALE54; (2004)2SCC249
..... do we do so since we have upheld the appellants' contentions on the very imposition of the cess under section 3(2).43. in the circumstances, we allow the appeals. section 3(2) of the upkar adhiniyam, 1981 as introduced by the amendment act, 2001 and amended in 2003 is declared ultra vires the constitution as being outside the legislative competence of the state. as ..... , 2000. the respondents have not urged to the contrary. so now we have two pieces of legislation viz. the sudhar adhiniyam, 2000 and the amendment act of 2001, both, enacted by the state which are both equally valid.33. the first question, therefore, is - whether section 12(3) does in fact impose any fetter on the power of state to legislate? sub ..... list-ii. they respectively read:'list-i '84. duties of excise on tobacco and other goods manufactured or produced in india except - (a) alcoholic liquors for human consumption.(b) opium, indian hemp and other narcotic drugs and narcotics, but including medicinal and toilet preparations containing alcohol or any substance included in sub-paragraph (b) of this entry. list-ii'53. taxes ..... consumption of electricity. see hoechst v. bihar : [1985]154itr64(sc) . this position is accepted by the respondents.11. the madhya pradesh electricity duty act, 1949 provides for the levy of a duty on the consumption or sale of electrical energy and under section 3 of this act subject to certain statutory exceptions, every distributor and every producer of electrical energy is required to pay .....
Tag this Judgment!Court : Gujarat
Decided on : Oct-17-2003
Reported in : (2004)1GLR116
..... no reasonable classification at all. the distinction itself is unreasonable, irrational arbitrary and contrary to the directions issued by the state government under section 26 of the act.50. said classification made by the board is not based upon the said three resolutions and the same is not having any foundation ..... 31st december, 1995 under the family pension scheme, 1950 as contained in the revised pension rules, 1950 or the family pension scheme, 1972 as amended from time to time.(d) existing 'temporary increase' (dearness relief) means the temporary increase due to pensioners/family pensioners upto average cpi 1510 at ..... and the specific date for the conferment of additional benefits cannot be considered arbitrary. it was further held that: (scc p.735,para 8);'in the case of indian ex services league v. union of india [(1991) 2 scc 104 : 1991 scc (l & s) 536 : (1991) 16 atc 488 : (1991) ..... state government and the family pension rules, 1972 and, therefore, in past, the state government has accepted the proposal of the board dated 6.11.1987 and accordingly, the benefits were given with retrospective effect from 12th november, 1973 including the revision of pension rules, 1950 and the family pension ..... of the report of the 5th pay commission.6. the petitioners have filed one additional affidavit in view of this court's order dated 3.11.1999 (coram : rajesh balia,j.). the petitioners were required to bring before this court a resolution of the government regarding implementation of 5th .....
Tag this Judgment!Court : Mumbai
Decided on : Feb-27-2003
Reported in : 2003(3)ALLMR521; 2003(5)BomCR695
..... at the time of entering into agreement for sale and delivering possession of the flat, cannot deprive the flat owners of invoking the provisions of section 7 (i) (ii) of the act as it stood before its amendment in 1986. the promoter/builders/ owners could not, under the cloak of the blanket consent obtained under the proforma agreement for sale, carry out the ..... . 1982 mh.l.j. 607, a learned judge noted the statutory duty cast on the owner/developer and observed after considering the various sections of mofa as under '.....all these liabilities read with further obligation under section 10, 11 and 12 go to show that the promoter is under a statutory obligations who should complete the and pass a conveyance to the organization ..... incurred heavy expenses for constructions and considering this aspect and third party rights that are created, this court ought also not to interfere with the order of the trial court.11. at the time of hearing some photographs of the building constructed, have been placed on record by the appellants. from the photographs placed on record, it is clear that the ..... that the motion deserves to be dismissed and and ought to be dismissed with exemplary costs.in an additional affidavit filed by the said shri. sanjay k. patel, on 23.11.2001, it is again specifically set out that the building under construction is separate and independent structure. it is further pointed out that sanctioned plan adverted to, forms part of .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-11-2003
Reported in : JT2003(9)SC50; (2004)ILLJ217SC; 2003(9)SCALE520; (2003)12SCC68; 2004(86)SLJ107(SC); (2004)1UPLBEC921
..... been filed by the union of india. writ petition filed by the employees challenging the validity or employees' provident fund and miscellaneous provisions (amendment) act 1896 and employees' pension scheme, 1995 ore pending in the calcutta high court. the division bench of the high court directed to maintain status ..... 378/2000, t.c. no. 15/98, 4/99, 11-12/89, 514/98, 29/38, 31/98, 32/98, 33/98, 56/98, 61/98, 51/99, 57/99 (1) validity of the employees' provident fund and miscellaneous provisions (amendment) act 1996 and employees' pension scheme, 1995 has been challenged by ..... are under challenge before us in these proceedings. main challenge is to the employees' provident funds & miscellaneous provisions (amendment) act, 1996 and the employees' pension scheme, 1995, as unreasonable, arbitrary and discriminatory inasmuch ..... basis.10. introduction of the scheme necessitated the amendment of the act. sections 6a and 6b of the act which were being inserted by act 61 of 1971 with effect from 23.4.1971 stood completely modified by act 25 of 1935 with effect from 16.11.1995. the said provisions and the consequent ..... pension scheme introduced which came into force from 16.11.1995 .....
Tag this Judgment!Court : Rajasthan
Decided on : Nov-15-2003
Reported in : 2004CriLJ1606; 2003(4)WLC616
..... these reasons we dispose of the instant appeal in the following terms :--(a) while maintaining the conviction of the appellant under sections 302, 452 and 324/34, ipc, we set aside the order of sentence and remit the case to learned additional sessions judge, sikar with the direction to ..... juvenile. accordingly we hold that sentence awarded to the appellant is not sustainable in view of section 20 of the jj act. while confirming the conviction of the appellant under sections 302, 452 and 324/ 34, ipc, we set aside the sentence awarded to him vide judgment dated july 3, 1997. we ..... may 13, 1993 around 4.30 p.m. and the police station laxmangarh registered a case against the appellant under sections 147, 148, 149, 302, 452, 323 and 379, ipc. the appellant was arrested on april 5, 1996 and learned additional sessions judge, sikar proceeded with the trial and convicted ..... determine whether the accused is a juvenile or not, is the date on which the offence was committed.8. the jj act was enacted to consolidate and amend the law relating to juveniles in conflict with law and children in need of care and protection by providing for proper care, ..... forward the appellant to the juvenile board who shall pass appropriate orders in terms of sections 15 and 16 of the jj act and jj rules.(b) the impugned judgment of learned trial judge stands modified as indicated above.11 .....
Tag this Judgment!Court : Mumbai
Decided on : Apr-25-2003
Reported in : 2003(3)ALLMR873; 2003(5)BomCR501; 2003(27)PTC555(Bom); [2003]45SCL335(Bom)
..... carry on any business similar to that of the firm within a specified period or within specified local limits, and, notwithstanding anything contained in section 27 of the indian contract act, 1872 such agreement shall be valid if the restrictions are reasonable.'it is, therefore, clear from the above provisions, it is clear that ..... . we agree with the high court that where there is a case of description of parties it is open to the court to allow an amendment of the plaint at any time and the question of limitation would not arise in such a case.'the above observation leaves no manner of doubt ..... . 3, a partner who had agreed to the above order, started using the trade mark 'mastaan'. then after this court passed the order dated 30.11.2001 directing the receiver to engage an advocate to initiate proceedings in respect of the infringement of the trade mark 'postman', the defendant no. 1 started ..... oomerbhoy and also as ahmed mills. there is no dispute that this registration is current and subsisting.25. it appears that after the order dated 30.11.2001 was passed, the defendant-company which is controlled by the defendant no. 3 and his relatives started marketing packed refined groundnut oil under the trade ..... with the trade mark 'mastaan' and finding it to be deceptively similar to the trade mark 'mastaan' took out a notice of motion on 8.11.2001 seeking to restrain the defendant no. 1 from using the trade mark 'mastaan'. the defendant no. 1 is a company which is admittedly controlled by .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-20-2003
Reported in : AIR2004SC408; 2003(1)ALD(Cri)638; 2004(1)ALD(Cri)309; I(2004)BC246(SC); 2004(1)BLJR471; [2003]117CompCas781(SC); (2004)2CompLJ11(SC); 2004CriLJ664; 2003(4)CTC628; JT2003(9)
..... provide a criminal remedy of penalty, which is just the thing that is sought to be done by the amending act.'11. to fulfil the objective, the legislature while amending the act has made the following procedure:'(i) under section 138 a deeming offence is created.(ii) in section 139, a presumption is ingrained that the holder of the cheque received it in discharge of liability.(iii ..... court in ashok yeshwant badave v. surendra madhavrao nighojakar, : 2001crilj1674 . the decision in modi case overruled an earlier decision of this court in electronic trade & technology development corporation. ltd. v. indian technologists & engineers (clectronics)(p)ltd., : 1996crilj1692 which had taken a contrary view. we are in respectful agreement with the view taken in modi case. the said view is in consonance ..... , or with fine which may extend to twice the amount of the cheque, or with both. section 138 has now been amended and the penalty of imprisonment for a term which may extend to one year has been substituted to two years as provided by the amending act of 2002 and the fine which may extend to twice of the amount of the cheque ..... . this has been prescribed as the punishment for the offence under section 138 of the act.26. the object and the ingredients under the provisions, in particular. section 138 & 139 of the act cannot be ignored. proper and smooth functioning .....
Tag this Judgment!Court : Gujarat
Decided on : Jul-28-2003
Reported in : [2004(101)FLR368]
..... considered the submissions made by the learned advocates for the parties present before this court. it is necessary to consider section 10(1) of the industrial disputes act, 1947. section 10(1) of the act provides that when the appropriate government is having the apprehension of industrial dispute or if the appropriate government is of ..... has been committed by the respondent no.2. he has relied upon the decision of the hon'ble apex court in case of the secretary, indian tea association versus ajay kumar barat and others reported in 2000 llr page 506. he also relied upon the another decision of this court in lpa ..... and the same is, therefore, rejected. 12. for the reasons recorded hereinabove, this petition is allowed. the order dated 22/23.4.2003 (page 11 to this petition) cancelling the earlier order of reference dated 10th february, 2003 is hereby quashed and set aside and consequently the said order dated 10th february ..... the most important principles of natural justice. it is after all an approved rule of fair play. the concept has gained significance and shades with time.' 11. therefore, even on that count also, the order in question is illegal and bad in law. it is also bad in law, illegal and without ..... can vary and amend the terms of reference. 10. as regards the contention raised by the learned agp mr. m.s. rao on behalf of the state, that the government can reject the reference, that is the initial stage and not the subsequent stage. section 12(5) of the id act, 1947 is relating .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Apr-28-2003
Reported in : 2003(3)AWC2529(SC); 104(2003)DLT566(SC); JT2003(4)SC280; 2003(4)SCALE357; (2003)5SCC545; [2003]3SCR987
..... from payment of tax.all that it does is to empower the chairperson to give effectto any exemption otherwise granted, by amending theassessment list. the power and discretion to grantexemption under the ndmc act has been conferred on thecouncil under section 124.section 124 provides:'the council may, by resolution passedin this behalf, exempt either wholly or inpart from the payment of any ..... : [1992]2scr535 to contend that since it is a charitableorganisation and the entire building is used for charitablepurposes, it is not liable to pay property tax under section 62 ofthe ndmc act, 1994 in respect of the entire building includingthe rented portion at all. in the alternative it has beensubmitted that if the appellant is liable to pay property tax, ..... had filed an application claiming exemption under thatact only in respect of the self-occupied portion of the building.the municipal committee which was the competent authorityunder section 70 of the punjab act had resolved to grantexemption from payment of property tax under the punjab actin respect of the self-occupied portion of the building. theresolution of the committee was ..... may bynotification suspend the levy of the taxor of such part thereof until the objectionhas been removed.'11. as far as the ndmc act is concerned, property tax isleviable on lands and buildings in new delhi under section60(1)(a) read with section 61(1). section 62 which has beenconstrued in the impugned order by the assistant secretary isquoted:'62(1) save as .....
Tag this Judgment!Court : Delhi
Decided on : Nov-14-2003
Reported in : 2004(72)DRJ244
..... the premises act was subsequent to the slums act and would, thereforee, prevail over the slums act. section 19 of the slums act clearly shows that it is in direct conflict with the premises act which expressly provides for the forum for evicting persons in unauthorised occupation of premises which fell in section 2 of the premises act. the premises act being subsequent to the slums act, as amended in 1964 ..... that of authorised occupation and he becomes a tenant by holding over under section 116 of the transfer of property act, has heavily relied upon a decision of the karnataka high court in the case of the indian bank, bangalore v. blaze and central (p) ltd. and ors. : air1986kant258 . paras 11, 12, & 13 of the said judgment are relevant and they are in following ..... , and again being a special act having a very limited sphere, must necessarily override the slums act.' 26. the second case relied upon from both the sides is ashoka marketing ltd. and .....
Tag this Judgment!