Court : Supreme Court of India
..... is reproduced hereunder:- statement of objects and reasons1 the accountancy profession in india is at present regulated by the auditors certificates rules framed in 1932 in exercise of the powers conferred on the government of india by section 144 of the indian companies act, 1913, and the indian accountancy board advises government in all matters relating to the profession and assists it in maintaining the standards of the professional qualifications and conduct required of the members of the profession. ..... there is anything repugnant in the subject or context, x x x (b) chartered accountant means a person who is a member of the institute; (c) council means the council of the institute; x x x (e) institute means the institute of chartered accountants of india constituted under this act; x x x (2) a member of the institute shall be deemed to be in practice , when individually or in partnership with chartered accountants in practice, or in partnership with members of such other recognised professions as may be prescribed, he, in consideration of remuneration received or to be received, (i) engages ..... the amended long title and preamble of the 1949 act reads as under: an act to make provision for the regulation and development of the profession ..... learned senior counsel focused on the language of the preamble of the 1949 act to argue that the act was sought by the parliament to make provisions to ..... pertinent to note that the long title and preamble of the 1949 act was amended, w.e.f. .....
Tag this Judgment!Court : Karnataka
..... but while considering maintenance petition and by applying under section 114 of the indian evidence act, 1872, the court may presume that the petitioner and respondent have lived as husband and wife. ..... section 114 of the indian evidence act, 1872 stipulates as follows:- 114. ..... section 114 of the indian evidence act, 1872 empowers the court to presume existence of certain facts. ..... the court had commented that though such marriages are illegal as per the provisions of the act, they are not "immoral" and hence a financially dependent - 13 - nc:2024. ..... the purpose is to achieve social justice which is the constitutional vision, enshrined in the preamble of the constitution of india. ..... sunil, advocate) this rpfc is filed under sec.19 of family court act against the judgment and decree dated0201.2018 passed in c.mis.73/2016 on the file of the prl. ..... in such cases, she should know that second marriage with such a person is impermissible and there is an embargo under the hindu marriage act and therefore she has to suffer the consequences thereof. ..... preamble to the constitution of india clearly signals that we have chosen the democratic path under rule of law to achieve the goal of securing for all its citizens, justice, liberty, equality and fraternity. ..... here the court had accepted that hindu marriages have continued to be bigamous despite the enactment of the hindu marriage act in 1955. .....
Tag this Judgment!Court : Supreme Court of India
..... 17 november 1956, debates of the constituent assembly of jammu and kashmir 166 25 january 1957, debates of the constituent assembly of jammu and kashmir 167 the preamble to the indian constitution: we, the people of india, having solemnly resolved to constitute india into a sovereign socialist secular democratic republic and to secure to all its citizens: justice, social, economic and political; liberty of thought, expression, belief, ..... or to the provisions thereof shall be construed as references to the constitution or the provisions thereof as applied in relation to the said state; (b) references to the government of the said state shall be construed as including references to the sadar-i-riyasat acting on the advice of his council of ministers; (c) references to a high court shall include references to the high court of jammu and kashmir; (d) references to the legislature or the legislative assembly of the said state shall be construed as including references ..... or to the provision thereof shall be construed as references to the constitution or the provisions thereof as applied in relation to the said state; references to the government of the said state shall be construed as including references to the sadar-i-riyasat acting on the advice of this court of ministers ; references to a high court shall include references to the high court of jammu and kashmir; references to the legislature or the legislative assembly of the said state shall be construed as including references .....
Tag this Judgment!Court : Supreme Court of India
..... animals cruelty to animals cruelty to animals cruelty to animals act, 1960 (tamil nadu (karnataka second (maharashtra ( principal act ) amendment) act, amendment) act, amendment) act, 2017 2017 2017 scope an act to prevent the an act to amend the an act further to an act to amend the infliction of prevention of cruelty amend the prevention of cruelty unnecessary pain or to animals act, 1960 prevention of cruelty to animals act, suffering on animals so as to preserve the to animals act, 1960 1960, in its and for that purpose cultural ..... publication, by notification in the official gazette, make the rules, not inconsistent with the rules made by the central government, if any, for carrying into effect the provisions of sub- section (2) of section 3 of the act (2) every rule made under this section shall be laid, as soon as may be, after it is made, before each house of the state legislature, while it is in session for a total period of thirty days, ..... basis, arguments have been advanced on behalf of the petitioners that the amendment act of tamil nadu having regard to its preamble seeks to invalidate conclusive judicial opinion without curing the defects specified in that ..... cited were state of bihar and others -vs- indian aluminium company and others [(1997) 8 scc360 ..... their contention is that the fundamental duty of indian citizens to have compassion for living creatures and to develop humanism result in corresponding rights for sentient animals to be protected for distress and pain .....
Tag this Judgment!Court : Supreme Court of India
..... and the standards of proficiency therein to be obtained, in universities or medical institutions for grant of recognised medical qualifications; (k) the standards of staff, equipment, accommodation, training and other facilities for medical education; (1) the conduct of professional 95 parameters indian medical council assam rural health act, 1956 regulatory authority act, 2004 examinations, qualifications of examiners and the conditions of admission to such examinations; (m) the standards of professional conduct and etiquette and code of ethics to be observed by medical practitioners. ..... state of tamil nadu, (1996) 3 scc15 ( thirumuruga kirupananda variyar thavathiru sundara swamigal medical educational and charitable trust ) wherein it was held that under section 10a of the indian medical council act, the parliament has evinced an 17 intention to cover the whole field relating to the establishment of new medical colleges in the country and by virtue of section 10a, the parliament has made a complete and exhaustive provision covering ..... the relevant provisions of the indian medical council act, 1956 ( imc act, 1956 ), read as under: preamble an act to provide for the reconstitution of the medical council of india, and the maintenance of a medical register for india and for matters connected therewith. x x x 2. .....
Tag this Judgment!Court : Supreme Court of India
..... of papaver from which opium or any phenanthrene alkaloid can be extracted and which the central government may, by notification in the official gazette, declare to be opium poppy-for the purposes of this act; (xviii) "poppy straw" means all parts (except the seeds) of the opium poppy after harvesting whether in their original form or cut, crushed or powdered and whether or not juice has ..... considered is as to whether it is sufficient for the prosecution to establish that the raw material contains morphine and meconic acid to bring it under sub-clause (a) of clause (xvii) of section 2 of the 1985 act or is it necessary for the prosecution to further establish that, though the seized material contains morphine and meconic acid , the genus of the seized material is papaver somniferum l or any other species of papaver from ..... of morphine: (xvi) "opium derivative" means- (a) medicinal opium, that is, opium which has undergone the processes necessary to adapt it for medicinal use in accordance with the requirements of the indian pharmacopoeia or any other pharmacopeia notified in this behalf by the central government, whether in powder form or granulated or otherwise or mixed with neutral materials; (b) prepared opium, that is, any product of ..... preamble of the 1930 act would reveal that the contracting parties to the said geneva convention resolved to take further measures to suppress the contraband trafficking and abuse of dangerous drugs, especially those derived from opium , indian .....
Tag this Judgment!Court : Supreme Court of India
..... in compliance of the aforesaid letter on 04.09.2002, jspl addressed a letter requesting for grant of permission under section 28 of the indian electricity act, 1910 ( 1910 act , for short) for sale of power to the proposed units in the industrial state from its captive power plant and for grant of permission to set up transmission and distribution lines/system for ..... own distribution system within the same area, subject to the conditions that the applicant for grant of licence within the same area, shall, without prejudice to the other conditions or requirement 48 under the act comply with the additional requirements relating to the capital adequacy, creditworthiness, or code of conduct as may be prescribed by the central government, and no such applicant, who complies with all the requirements for ..... their own distribution system within the same area, subject to the conditions that the applicant for grant of licence within the same area shall, without prejudice to the other conditions or requirements under this act, comply with the additional requirements relating to the capital adequacy, credit worthiness, or code of conduct as may be prescribed by the central government, and no such applicant, who complies with all the ..... the preamble of the 2003 act states that it has been enacted to consolidate the laws relating to generation, transmission, distribution, trading and use of electricity and generally for taking measures conducive to development of electricity industry, promoting .....
Tag this Judgment!Court : Karnataka
..... following: order petitioners are knocking at the doors of writ court for assailing the order dated 09.08.2019 made by the competition commission of india (hereafter commission ) whereby in exercise of powers under section 26(1) of the competition act, 2002 (hereafter 2002 act ) an investigation as to whether their warranty policy has (i) potentially resulted in denial of market access to parallel importers & resellers of boxed micro- processors for desktop and laptop pcs & (ii) the risk of 3 higher pricing for the ..... aditya bhattacharjea3 contextualises the enactment of 1969 act and 2002 act as under: the mrtp act was passed in a context of growing evidence of concentration in indian industry, manifested in the absolute size and dominance of family-owned business groups. ..... it deals with the prohibition of certain agreements, abuse of dominant position and regulation of combinations, each of which is anathema to the concept of competition and contrary to the objects to be achieved in terms of the preamble and arts. ..... its preamble reads as under: an act to provide, keeping in view of the economic development of the country for the establishment of a commission to prevent practices having adverse effect on competition, to promote and sustain competition in markets, to protect the interests of consumers and to ensure freedom of .....
Tag this Judgment!Court : Karnataka
..... it is pertinent to mention that the preamble to the 1983 act appreciably states the statutory object being fostering the harmonious development of the mental and physical faculties of students and cultivating a scientific and secular outlook through education ..... , court found that their refusal to sing was not confined to indian national anthem but extended to the songs of every other country. ..... articles 27 and 28 emphasize the secular nature of the state indian secularism oscillates between s rva dharma samabh ava and dharma nirapekshata ..... the petition mentions about bijoe emmanuel, indian young lawyers association, jagadishwarananda avadhuta, chandanmal ..... no.4338 of2022between: ghanshyam upadhyay aged51years, indian inhabitant, occupation, advocate having his office at506 arcadia premises, 195, ncpa road, nariman point, mumbai-400021 petitioner (by shri subhash jha & amruthesh. ..... to protection of essential religious practice and the test for its ascertainment: (i) since the question of hijab being a part of essential religious practice is the bone of contention, it becomes necessary to briefly state as to what is an essential religious practice in indian context and how it is to be ascertained. ..... air1951sc11836 inasmuch as, the practice robs away the individual choice of muslim women; the so called religious practice if claimed as a matter of right, the claimant has to prima facie satisfy its constitutional morality vide k.s puttawamy supra, indian young lawyers association supra. .....
Tag this Judgment!Court : Karnataka
..... it is pertinent to mention that the preamble to the 1983 act appreciably states the statutory object being fostering the harmonious development of the mental and physical faculties of students and cultivating a scientific and secular outlook through education ..... , court found that their refusal to sing was not confined to indian national anthem but extended to the songs of every other country. ..... articles 27 and 28 emphasize the secular nature of the state indian secularism oscillates between s rva dharma samabh ava and dharma nirapekshata ..... the petition mentions about bijoe emmanuel, indian young lawyers association, jagadishwarananda avadhuta, chandanmal ..... no.4338 of2022between: ghanshyam upadhyay aged51years, indian inhabitant, occupation, advocate having his office at506 arcadia premises, 195, ncpa road, nariman point, mumbai-400021 petitioner (by shri subhash jha & amruthesh. ..... to protection of essential religious practice and the test for its ascertainment: (i) since the question of hijab being a part of essential religious practice is the bone of contention, it becomes necessary to briefly state as to what is an essential religious practice in indian context and how it is to be ascertained. ..... air1951sc11836 inasmuch as, the practice robs away the individual choice of muslim women; the so called religious practice if claimed as a matter of right, the claimant has to prima facie satisfy its constitutional morality vide k.s puttawamy supra, indian young lawyers association supra. .....
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