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Dharam Dutt and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2004SC1295; 2003(10)SCALE14; (2004)1SCC712

..... a legislation which we have on an independent scrutiny held to be within the legislative competence of the enacting legislature merely because the legislature has re-enacted the same legal provisions into an act which, ten years before, were incorporated in an ordinance and were found to be unconstitutional in an erroneous judgment of the high court and before the error could be corrected in appeal ..... the institutions known at the commencement of this constitution as the national library, the indian museum, the imperial war museum, the victoria memorial and the indian war memorial, and any other like institution financed by the government of india wholly or in part and declared by parliament by law ..... preamble to the act, that is, the indian council of world affairs act, 2001 (act ..... the gist of the act by stating that :- (1) a new body corporate known as the indian council of world affairs has come into existence; (2) the institution, 'indian council of world affairs' has been declared to be an institution of national importance; (3) the institution has been taken over by the central government and entrusted to the new council - a statutory corporate body; (4) the society named the indian council of world affairs ..... set out in the memorandum of association, was to promote the study of indian and international questions so as to develop a body of informed opinion on world affairs and indian relation thereto through study, research, discussion, lectures, exchange of ideas and information .....

Jitendra Nath Palit Vs. Lokendra Nath Palit and ors.

Court : Kolkata

Reported in : 34Ind.Cas.657

..... indian universities act 1904 (viii of 1904), it is provided (inter alia) by clause iii, that the university shalf be and shall be deemed to have been incorporated for the purpose (among others) of making provision for the instruction of students, with power to appoint university professors and lecturers,, to hold and manage educational endowments, to erect, equip and maintain university libraries, laboratories and museums, and to do all acts consistent with the act of incorporation and this act ..... the calcutta university was established and incorporated by act ii of 1857 and the preamble to this act states that it had been determined to establish a university at calcutta for the purpose of ascertaining by means of examination the persons who had acquired proficiency in different branches of literature, science and art, and of rewarding them by academical degrees, and the act goes on to constitute certain named persons and others as one body politic and ..... the intendment of the establishment of the university, as expressed in the preamble to act ii, was for the purpose of ascertaining, by means of examination, the persons who have acquired proficiency in different branches of literature, science and art, and of rewarding them by academical degrees as ..... from the preamble to act h of 1857 it may be pointed out that the object of establishing the university of calcutta was to ascertain by means of examination the persons who had acquired proficiency in different branches of literature .....

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

Court : Supreme Court of India

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

..... time when the resolution was adopted, the legal sovereignty over india remained vested in the british crown and british parliament, and when that power was transferred, it was transferred to the constituent assembly by the indian independence, act, 1947, sections 6 and 8 of which conferred on the constituent assembly the power to enact a constitution, as well as the full powers to make laws which were not to be void or inoperative on the ground that they ..... the constitution were catalogued as follows:(1) the supremacy of the constitution;(2) the sovereignty of india;(3) the integrity of the country;(4) the democratic way of life;(5) the republican form of government;(6) the guarantee of basic human rights referred to in the preamble and elaborated as fundamental rights in part iii of the constitution; (7) a secular state;(8) a free and independent judiciary;(9) the dual structure of the union and the states;(10) the balance between the legislature, the ..... the respondents that there is no scope for reading implied or inherent limitations on the amending power, that great uncertainty would arise in regard to the validity of constitutional amendment if such limitations were read on the amending power, that the preamble is a part of the constitution and can be amended by parliament, that there is in our constitution no recognition of basic human or natural rights and that the consensus of world opinion is against the recognition of inherent limitations on ..... sadler 1910 a.c. .....

In Re: the Delhi Laws Act, 1912, the Ajmer-merwara (Extension of Laws) ...

Court : Supreme Court of India

Reported in : [1951]2SCR747

..... legislative powers, and while conceding, in view of the privy council decisions already referred to, that the governor-general (whose legislative power in emergencies was co-extensive with that of the indian legislature) could not be regarded as a delegate of the imperial parliament and that, therefore, the maxim delegatus non potest delegare had no application, nevertheless expressed the opinion that ..... discussed above and adopting the line of approach laid down there, i am of opinion that section 7 of the delhi laws act, 1912, fell within the general scope of the affirmative words of section 22 of the indian councils act, 1861, which conferred the law-making power on the governor-general in council and that the provision did not violate any of ..... parliament : (c) that the principle of non-delegation, founded either on the doctrine of separation of powers or on the theory of agency, has no application to the british parliament or the legislatures constituted by an act of the british parliament; (d) that in the ever present complexity of conditions with which governments have to deal, the power of delegation is necessary for and ancillary to the exercise of legislative power and is ..... view of this last provision it was contended that the ordinance was invalid either because the language showed that the governor-general notwithstanding the preamble did not consider that an emergency existed but was making provision in case one should arise in future, or else because the ..... acts of 1909- .....

Umesh Chandra Saxena and ors. Etc. Vs. Administrator General and ors.

Court : Allahabad

Reported in : AIR1999All109

..... after setting the facts that were brought to his notice the assistant registrar had formulated the following points : (1) whether the proceedings could be referred to the pargana adhikari under section 25(2) of the societies registration act (2) whether the election of the president of the society could be directed or not (3) whether an unregistered will could be taken note of when the matter was sub judice before the high court (4) whether ..... shri ram chandra ji gave away his properties to the mission, but he had other personal properties also, (2) the mission is a society basically for spiritual attainment and is registered under the societies registration act and it has its own constitution and bye-laws for running the day to day affairs of the society, (3) the founder president was to control the affairs of the mission and was empowered by ..... the indian succession act, 1925 in its preamble states that it is an act to consolidate the law applicable to ..... registrar was approached by a big group of members of the mission for an action under section 25(2) of the societies registration act (hereinafter referred to as the 'act') for the purpose of convening a meeting of the general body of the society to elect the president and other office ..... go through the provisions of the indian succession act regarding letters of administration. ..... 6 of the allahabad high court rules permitted an application for letters of administration when there is a will made under the indian succession act. .....

Union of India (Uoi) Vs. Firm Kiroo Mal Nawal Kishore and anr.

Court : Punjab and Haryana

Reported in : AIR1952P& H423

..... the preamble of the indian limitation act is as follows:'whereas it is expedient to consolidate and amend the law relating to the limitation of suits, appeals and certain applications to courts; whereas it is also expedient to provide rules for acquiring by possession the ownership of easements ..... connection he has drawn my attention to section 37 of the arbitration act, section 37(1) provides:'37(1) all the provisions of the indian limitation act, 1908, shall apply to arbitrations as they apply to proceedings in court ..... ' and the submission is that the limitation act, which although is a consolidating and amending act, and, therefore, must be taken to be a complete code, does not by the language of the preamble itself purport to be exhaustive in regard to the applications; but in my opinion 'certain applications' mean that they do not apply to certain kind of applications ..... ' he then referred to the preamble and also to articles 158 and 178 of the limitation act, as amended, and then observed:'but, on the present state of authorities, we are bound to say that article 181 of the limitation act is confined to applications under the civil procedure code or those applications for the making of which the civil procedure code ..... 708 said:'but the preamble to the act distinctly shows that it is not intended to apply to all, but to 'certain' applications to courts: and an examination of the third division of schedule second, which deals with applications, shows, that every article therein .....

Gujarat Urja Vikas Nigam Limited Vs. Amit Gupta

Court : Supreme Court of India

..... under such an understanding of section 60(5)(c); (vi) the moratorium under section 14 of ibc is not exhaustive because: (a) the object of section 14 is protection of the corporate debtor during the cirp; (b) the preamble of the ibc provides for preserving the maximum value of the assets of the corporate debtor; and (c) section 14(3) only excludes certain kinds of agreements and transactions from moratorium under section 14(1), as notified by ..... expressions used but not defined in this code but defined in the indian contract act, 1872, the indian partnership act, 1932, the securities contract (regulation) act, 1956, the securities exchange board of india act, 1992, the recovery of debts due to banks and financial institutions act, 1993, the limited liability partnership act, 2008 and the companies act, 2013, shall have the meanings respectively assigned to them in those ..... another ppa with the same terms and conditions as the current ppa; (iv) the second respondent as a lender bank may not be able to initiate a dispute resolution process under section 86(f) of the electricity act since it contemplates the resolution of disputes between a generator and a trading licensee; (v) section 60(5)(c) of the ibc provides that the nclt can entertain or dispose of any event or action arising out ..... ibc as enshrined in the preamble, the hon'ble supreme court ..... what is interesting to note is that preamble does not, in any manner, refer to liquidation, which is only availed of as a last resort if there .....

Hindustan Corporation (Hyderbad) Pvt. Ltd. Vs. M/S. United India Fire ...

Court : Andhra Pradesh

Reported in : AIR1997AP347

..... the english common law defining the duties and responsibilities of common carrier was enforced in this country at the time when the carriers act, 1865 was passed and that from the preamble of that act, it was clear that the legislature had assumed that the english common law relating to common carriers was then in force in ..... the only question that arose for consideration was whether ex.a.8 letter related to mere right to sue for damages which was not transferable under section 6(e) of transfer of property act and therefore the suit was not maintainable, the learned single judge held that the said right was not a mere right to sue and that the suit laid jointly ..... the high court of bombay earlier 'that the effect of the indian contract act, 1872, was to relieve common carriers from the liability of insurers answerable for the goods entrusted to them 'at all events', except in the case of loss or damage by the act of god or the queen's enemies, and to make them responsible only for that amount of care which the act requires of all bailees alike in the absence of special contract.' 7 ..... indian contract act does not impair it, and is itself only a partial measure, as the preamble ..... the indian contract act, ix of 1872, section 141, applies this principle to the contract of suretyship :but sections 124 and 125,which deal with the contract of indemnity, are silent on this point; only the ..... view that the law relating to common carriers in india was not affected by the indian contract act, 1872. .....

Cit Vs. Badri Nath Ganga Ram

Court : Allahabad

Reported in : (2005)194CTR(All)347

..... the preamble to the partnership deed it is mentioned that lakhan lal, the minor son of sri badri prasad, shall continue to get the benefits of partnership according to section 30 of the indian partnership act. ..... this sub-section in our opinion, has nothing to do with sub-section (1) of section 30 of the indian partnership act, which provides that a minor can be admitted to the benefits of partnership. ..... maritime : [1997]227itr244(ap) lays down that section 30 of the indian partnership act provides that a minor cannot be made liable for the losses of the partnership ..... placed reliance upon the following cases in support of his argument that as in the present case the minor has also been made liable to share the losses to the extent of his share, according to section 30 of the indian partnership act, the firm is not entitled for grant of registration. ..... it will not include sharing of losses by a partner or minor.the appellate commissioner while allowing the appeal lost sight of the fact that sub-sections (1) and (3) of section 30 of the indian partnership act operates in different fields.in view of the above discussions, we are of the opinion that the order of the tribunal granting registration to the assessee-firm under the income tax act, 1961, is legally not correct. ..... sub-section (3) of section 30 of the indian partnership act makes the minor's share liable for the acts of the firm, should be construed accordingly for the debts of the firm in which a minor is admitted to the benefit of .....

State Bank of India and anr. Vs. Mula Sahakari Sakhar Karkhana Ltd.

Court : Supreme Court of India

Reported in : AIR2007SC2361; 2006(5)ALD35(SC); 2006(3)AWC3124(SC); 2006(6)BomCR143; [2006]132CompCas565(SC); 2006(2)CTLJ1(SC); JT2006(6)SC152; 2006(6)MhLj257; 2006(6)SCALE600; (2006)6SCC

..... the high court, however, despite noticing the said document in extenso, committed a manifest error in opining:.the recital in the preamble in question itself cannot be the foundation to interpret the document in question as a document of indemnity....although it was opined that the same was intended to be a contract of indemnity, the high court wrongly observed ..... oral evidence adduced by the parties despite the bar contained in sections 91 and 92 of the indian evidence act holding:(i) ...the testimony of these witnesses, in no way, derogates the document in question. ..... the written document (exhibit-46) as quoted above lays emphasis on the preamble as under....yet again, in the said paragraph, the operative portion of the document was erroneously described as a preamble stating:.the preamble of the document in question creates an impression that the said document is a contract of indemnity ..... as per sections 91 and 92 of the indian evidence act, 1872 no evidence dehors the terms of the agreement, whether documentary or oral, can be led by the parties to get ..... b....the high court proceeded on the basis that section 92 of the evidence act would be attracted in the instant case but despite the same it referred to the oral evidence so as to find out the purported circumstances surrounding the transaction, which in our view ..... on construction of the said document was, thus, patently wrong.the high court committed a manifest error in terming the operative portion of the document as a preamble. .....