Judgment Search Results Home > Cases Phrase: indian evidence amendment act 2002 preamble 1 indian evidence amendment act 2002 Page 1 of about 21,055 results (0.211 seconds)

State of Assam and ors. Vs. Chhotabhai Jethabhai Patel Tobacco Product ...

Court : Guwahati

..... the said act was further amended by the assam entry tax (amendment) act, 2002, which came into effect from may 9, 2002, amending the definition of 'motor vehicle' under section 2(1)(f), 'purchase value' under section 2(1)(h), inserting sub-section (5) in section 3, empowering state government to exempt an importer from payment of tax in public interest and also inserting sub-section (5a) in ..... counsel appearing on behalf of the assessees that the preamble, objects and reasons as well as various provisions of the act, which provide for imposition of entry tax on the goods do not lay down the legislative policy and also the guidelines to the executive to exercise their power under delegated legislation, as from the preamble as well as the objects and reasons and the provisions of the act, it is evident that the same are not compensatory in nature ..... aag has also placed reliance on indian cement : [1988]2scr574 wherein the notification issued under the andhra pradesh general sales tax act, 1957 was under challenge ..... : air2003sc3095 , shree mahavir oil mills : (1996)11scc39 , indian cement : [1988]2scr574 and in jindal stainless : [2006]283itr1(sc) has submitted that the said decisions instead of supporting the contention of the appellant supports the contention of the respondent as the apex court ..... in support of his contention has placed reliance on the decisions of the apex court in indian oil corporation v ..... jharkhand reported in [2007] 6 vst 587, of the patna high court in indian oil corporation v .....

Balkrishna Pandurang Moghe Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : II(1998)DMC569

..... it was, therefore, proposed to suitably amend the indian penal code, code of criminal procedure, 1973 and the indian evidence act, 1872 to effectively deal with not only the cases of dowry deaths, but also the cases of cruelty to ..... it is, therefore, proposed to amend the indian penal code, the code of criminal procedure and the indian evidence act suitably to deal effectively not only with cases of dowry deaths but also cases of cruelty to ..... the legislature decided to amend the penal code, criminal procedure code and the evidence act by the criminal law (second amendment) act, 1983 (no. ..... extent that the legislature has deemed it necessary to provide additional provisions of law, procedural as well as substantive, to combat the evil and has consequently introduced sections 113a and 113b in the indian evidence act and sections 498a and 304b in the ..... is no vagueness or obscurity in the definition of the word 'cruelty' contained in section 498a of ipc, lastly, it is submitted that looking to the reasons and objects of the criminal law (amendment) act 46 of 1983 which received the assent of the president on 25th december, 1983, there is a rational nexus between the amended provisions of section 498a and the object that is sought to be achieved by the said section. ..... the act is to be ascertained from the examination of its title, preamble and provisions ..... 2003, will be paid not to the petitioner but to miss prachi balkrishna moghe who attains majority on 16th january, 2002.39. ..... january, 2002. .....

Balkrishna Pandurang Moghe Vs. the State of Maharashtra and anr.

Court : Mumbai

Reported in : 1998CriLJ4496

..... it was, therefore, proposed' o suitably amend the indian penal code, code of criminal procedure, 1973 and the indian evidence act, 1872 to effectively deal with not only the cases of dowry deaths, but also the cases of cruelty to married women by ..... it is, therefore, proposed to amend the indian penal code, the code of criminal procedure and the indian evidence act suitably to deal effectively not only with cases of dowry deaths but also cases of cruelty to married women by ..... combat this menace the legislature decided to amend the penal code, criminal procedure code and the evidence act by the criminal law (second amendment) act, 1983 (no. ..... 113-b in the indian evidence act and sections 198-a and 304-b in the indian penal code.26. ..... lastly, it is submitted that looking to the reasons and objects of the criminal law (amendment) act 46 of 1983 which received the assent of the president on 25th december, 1983, (here is a rational nexus between the amended provision is of section 498-a and the object that is sought to be achieved by ..... as far as the indian evidence act, 1872 is concerned, after section 113, section 113-a was inserted raising a presumption against the husband that he or his relative had abetted the suicide by ..... object of the act is to be ascertained from the examination of its title, preamble and provisions. ..... 21 st march, 2003, will be paid not to the petitioner but to miss prachi balkrishna moghe who attains majority on 16th january, 2002.38. ..... majority on 16th january, 2002. .....

Baishali Hom Chaudhuri Vs. the Union of India (Uoi) and ors.

Court : Kolkata

..... ii of the third schedule so as to include therein any qualification granted by a medical institution outside india which is not included in the second schedule: provided that after the commencement of the indian medical council (amendment) act, 2001, no such amendment shall be made in part ii of the third schedule to include any primary medical qualification granted by any medical institution outside india: provided further that nothing contained in the first proviso shall apply to inclusion in part ii of the ..... the facts leading up to the amending act of 2001 as evident from indian doctors from russia welfare assns reveal that it was the situation arising out of the breaking up of the soviet union and its impact on devalued medical qualifications from certain institutions included in part ii of the third schedule that was the guiding force behind such amending act. ..... words, any person at present undergoing medical education abroad, who did not conform to the minimum eligibility requirements for joining an undergraduate medical course in india laid down by mci, seeking provisional or permanent registration on or after 15-3-2002 shall be permitted to appear in the screening test in relaxation of this requirement provided he had taken admission in an institute recognised by mci. ..... ) pages 48-49: the heading prefixed to sections or sets of sections in some modern statutes are regarded as preambles to those sections. .....

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... particular;(v) that for abridging or taking away fundamental rights, a constituent body will have to be convoked; and(vi) that, the two impugned acts, namely, the punjab security of land tenures act, 1953 (x of 1953) and the mysore land reforms act, 1961 (x of 1962) as amended by act xiv of 1965 are valid under the constitution not because they are included in schedule 9 of the constitution but because they are ..... particular;(v) that for abridging or taking away fundamental rights, a constituent body will have to be convoked; and(vi) that the two impugned acts, namely, the punjab security of land tenures act, 1,953 (x of 1953) and the mysore land reforms act, 1961 (x of 1962) as amended by act xiv of 1965 are valid under the constitution not because they are included in schedule 9 of the constitution but because they are ..... evidently in an attempt to get over the effect of the decision in golak nath's case, parliament has enacted the 24th amendment act, 1971, and the same has been ..... various national aspirations outlined during this struggle, the national objectives as recited in the objectives resolution dated january 22, 1947 and the preamble, the complex structure of the indian nation consisting as it does of various peoples with different religions and languages and in different stages of economic development. ..... 4, cannot make radical changes in the legislative, executive and judicial administration of a state, for its law-making power is subject to chapter ii, iii and v of part .....

Shaikh Zahid Mukhtar and Others Vs. The State of Maharashtra and Other ...

Court : Mumbai

..... the principal act as well as the preamble were amended by the amendment act. ..... article 226 of the constitution of india there is a prayer made for declaration that section 5 of the animal preservation act as amended by the amendment act is ultravires article 19 of the constitution of india so far as it prohibits slaughter of bulls and bullocks. ..... the conclusions are as under: (a) we uphold the constitutional validity of the amendment to section 5 of the animal preservation act made by the impugned amendment act ; (b) we uphold the constitutional validity of sections 5a and 5b; (c) we uphold the constitutional ..... been filed by jamatul-quresh minority association and others wherein the challenge is to the constitutional validity of the amendment act on the ground that it violates the fundamental rights under articles 14,19(1)(g), 21 and 25 of the constitution of ..... are usefully employed are also set out); (iii) the dung of the animal is cheaper than the artificial manures and extremely useful of production of biogas; (iv) it is established that the backbone of indian agriculture is the cow and her progeny and they have on their back the whole structure of the ..... submitted that the petitioner has produced documentary evidence to show the decline of use of cattle ..... dealing with section 4 of the prevention of terrorism act, 2002. ..... the working group on animal husbandry and dairy farming and the tenth five year plan 2002-2007 were dealt with by the apex court. ..... others (2002)1 scc ..... lambert (2002)3 appeal .....

State of Maharashtra Vs. Kusum Charudutt Bharma Upadhye

Court : Mumbai

Reported in : (1981)83BOMLR75; 1981MhLJ93

..... writs at all.in that situation, the makers of the constitution, having decided to provide for certain basic safeguards for the people in the new set up, which they called fundamental rights, evidently thought it necessary to provide also a, quick and inexpensive remedy for the enforcement of such rights and, finding that the prerogative writs, which the courts in england had developed and used ..... assuring the dignity of the individual and the unity of the nation;in our constituent assembly this twenty-sixth day of november, 194.9, do hereby adopt, enact and give to ourselves this constitution.the preamble to the constitution of the united states of america reads as follows:we, the people of the united states, in order to form a more perfect union, establish justice, insure domestic tranquillity, ..... states), references to any substantial question of law as to the interpretation of this constitution shall be construed as including references to any substantial question of law as to the interpretation of the government of india act, 1985 (including any enactment amending or supplementing that act), or of any order in council or order made thereunder, or the indian independence act, 1947, or of any order made thereunder ..... of the conclusion reached by the said full bench thatin the matters of powers of the high court, therefore, there is clear evidence that the constitution posits a break from that past and has made absolutely a new original and vital beginning.while considering this question .....

Tata Power Company Ltd. Vs. Maharashtra Electricity Regulatory Commiss ...

Court : Supreme Court of India

Reported in : 2009(111)BomLR2966; 2009LC(SC)246; 2009(5)LC2440(SC)

..... (1) an order made thereunder may direct the licensee not to comply, except with the permission of the state government, with-- (i) the provisions of any contract, agreement or requisition whether made before or after the commencement of the indian electricity (amendment) act, 1959, for the supply (other than the resumption of a supply) or an increase in the supply of energy to any person, or (ii) any requisition for the resumption of supply of energy to a consumer after a period of six ..... context of section 86(1)(b) read with section 23 and section 2(70) of the act if construed with the preamble thereof, upon applying the principle of purposive interpretation, it would be evident that the said provisions constitute an invisible seamless web creating a context which, far from being to the contrary, mutually reinforces each other and points only in one direction, namely the necessity to ..... however, evident from the decision of this court in indian aluminium company ..... regulating generation, distribution and supply of electrical energy which is in short supply in the country wherefor endeavour should be made to ascertain the object and purport not only by reading one of the provisions of the act but the preamble thereof as also the other important provisions, namely sections 2(70) ; 7; 10; 11; 23; 60; 86(1)(b) and 86(1)(f) of the 2003 act. ..... the preamble of the 2003 act, although speaks of development of electricity industry and promotion of competition, it does not speak of equitable .....

Dr.Surbahmaniam Swamy Vs. State of Kerala

Court : Kerala

Reported in : ILR2011(1)Ker833

..... was made explicit by amending the preamble of the constitution 42nd amendment act. ..... the substance of bommai's judgment, as can be culled out from the above extracted portions of the judgment in so far as it deals with the meaning of the expression "secularism" obtaining in the preamble of the constitution and the secular nature of the state emerging from the scheme of various provisions of the constitution, is that there is no wall of separation between the state and the religion as understood in the context ..... pleaded in their counter affidavits that the impugned decision was taken in order to garner huge amounts of unutilised funds from the gulf countries available with the non-resident indians working in those countries with a view to utilise such funds for the investment in the state of kerala for the development of its people by promoting and providing financial assistance to the industries in the state of ..... a consideration of the matter, and studying the situation in detail, it came to the notice of the government that there were huge unutilized funds in gulf countries as also with non-resident indians and if only such funds could be availed of, the situation confronted by them which operates to the great detriment in progress and advancement of the state and its people could be tied over ..... this is evident from the provisions of the constitution to which we have made ..... state of karnataka and others [(2002) 8 scc 481] dealing with article 27 of the constitution, per kirpal .....

Ramesh Kymal Vs. M/s. Siemens Gamesa Renewable Power Private Limited

Court : Supreme Court of India

..... the national 1 company law tribunal ( nclt or adjudication authority ) dated 9 july 2020, holding that in view of the provisions of section 10a, which have been inserted by act 17 of 2020 (the amending act ) with retrospective effect from 5 june 2020, the application filed by the appellant as an operational creditor under section 9 was not maintainable. ..... distress faced by corporate entities; (ii) section 10a is prefaced with a non-obstante clause which overrides sections 7, 9 and 10; and 8 (iii) section 10a provides a cut-off date of 25 march 2020 and it is evident from the substantive part of the provision, as well as from the proviso and the explanation, that no application can be filed for the initiation of the cirp for a default occurring on and after 25 march 2020, for ..... it is true that that section does not itself indicate the grounds on which exemption could be granted, but the preamble to the ordinance sets out with sufficient clearness the policy of the legislature; and as that governs section 15 of the ordinance, the decision of the government thereunder cannot be said to be unguided (emphasis ..... amount claimed to be in inr10428, 76,479/- (indian rupees one hundred default and the date on and four crores twenty eight lakhs seventy six which the default occurred thousand four hundred and seventy nine only) as ..... with funds that have come back into the economy, business then eases up, which leads, overall, to higher economic growth and development of the indian economy. .....