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Minerva Mills Ltd. and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1980SC1789; (1980)3SCC625; [1981]1SCR206; 1980(12)LC727(SC)

..... fourth amendment) act, 1955 was being debated, an ordinance was issued by the governor of west bengal omitting with retrospective effect all the items in the definition of 'public purpose' except the settlemerit of displaced persons who had migrated into the state of west bengal, with the result that the west bengal act as amended by the ordinance came within the category of legislation specified in the proposed clause (d) of article 31a, in view of this amendment, the west bengal act ..... be served by examining the various grounds of challenge urged against the validity of the second proclamation of emergency, particularly since clause (3) has been introduced in article 332 by the constitution (forty-fourth amendment) act, 1978 requiring that a proclamation of emergency shall not be issued by the president unless the decision of the union cabinet recommending the issue of such proclamation has been communicated to him in writing and ..... vested interests.the congress resolution of 1929 also emphasised the same theme of socio-economic reconstruction when it declared:the great poverty and misery of the indian people are due, not only to foreign exploitation in india, but also to the economic structure of society, which the alien rulers support so that their exploitation may continue ..... in order there-fore to remove this poverty and misery and to ameliorate the condition of the indian masses, it is essential to make revolutionary changes in the present economic and social structure .....

K.T. Plantation Pvt. Ltd. and anr. Vs. State of Karnataka

Court : Supreme Court of India

..... . after the 44th amendment act, 1978, the constitutional obligation to pay compensation to a person who is deprived of his property primarily depends upon the terms of the statute and the ..... . vishnunarayan & associates (p) ltd & another (2002) 4 scc 134, while examining the provisions of the west bengal great eastern hotel (acquisition of undertaking) act, 1980, held in the context of article 300a that the state or executive offices cannot interfere with the right of others unless they can point out the specific provisions of law which authorises ..... . our constitution makers were greatly influenced by the western doctrine of eminent domain when they drafted the indian constitution and incorporated the right to property as a fundamental right in article 19(1)(f), and the element of public purpose and compensation in ..... . right to life, liberty and property were once considered to be inalienable rights under the indian constitution, each one of these rights was considered to be inextricably bound to the other and none would exist without ..... late, right to property parted company with the other two rights under the indian constitution and took the position of a statutory right ..... roerich, grand niece of rabindranath tagore had made valuable contributions and outstanding services to the indian motion pictures and film industry, was known to be the first lady of the indian screen . ..... of the above mentioned political philosophers had also its influence on indian constitution as well .....

Sanwal Ram and Etc. Vs. Additional District Magistrate, Sri Ganganagar ...

Court : Rajasthan

Reported in : AIR1982Raj139

..... that such order is required to be re-opened on account of the discovery of new and important matter or evidence which has since come to its notice or due to some mistake or error apparent on the face of the record'section 15 of the act was further substituted by the rajasthan imposition of ceiling on agricultural holdings (amendment) act, 1978 (act no. ..... the question was considered in the light of the amending act independent of the parent act, but if the provisions of the amending act if read as part of the parent act then the provisions would become the part of the law providing for acquisition of property. ..... learned government advocate did not refute the submission that the amending act or acts, which have not been placed in the ninth schedule are open to challenge on the ground of being violative of any fundamental rights, as has been laid down in prag ice and oil mills' case (air 1978 sc 1296) supra). ..... state of west bengal, air 1973 cal 148 and submitted that when the quasi-judicial function is vested in the executive, it remains and continues to be an executive power of the government. ..... it has been observed that there is no rigidity involved in the indian constitution, as under section 71 as well as the other provisions of chap. ..... , air 1966 sc 1987, it was observed that the indian constitution does not accept the strict doctrine of separation of powers.46. ..... parekh, there are three organs of the indian republic 'the executive, the legislature and the judiciary'. .....

Crawford Bayley and Co. and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2006SC2544; 2006(4)AWC3312(SC); 2006(6)BomCR785; [2006(4)JCR195(SC)]; JT2006(6)SC217; 2006(5)MhLj723; 2006(6)SCALE541; (2006)6SCC25

..... of unauthorised occupants) act, 1971 will prevail over the west bengal premises act, 1956 and the west bengal public land(eviction of unauthorized occupants) act, 1962. ..... or controlled by government, like nationalized bank in the state of west bengal is sought therefore both these acts will govern. ..... gazetted officers of government or of the government of any union territory or officers of equivalent rank of the statutory authority, as it thinks fit, to be estate officers for the purposes of this act; provided that no officer of the secretariat of the rajya sabha shall be so appointed except after consultation with the chairman of the rajya sabha and no officer of the secretariat of the lok ..... after the notification has been vetted by that ministry, it should be got translated into hindi from the official language (legislative) commission indian law institute building, new delhi and other after both the english and hindi versions sent to the general manager government of india press, ..... thereafter this proposition again came up for consideration in the case of in re the special courts bill, 1978 reported in : [1979]2scr476 in which their lordships referred to the case of maganlal chhagganlal (supra) and did not ..... proviso, read with article 254(1) reaffirms the supremacy of any subsequent legislation of parliament on the same matter even though such subsequent legislation does not in terms amend, vary or repeal any provision of the state legislation. ..... act 1971 was amended in 1980 by act .....

The Commissioner, Bangalore Development Authority and anr. Vs. State o ...

Court : Karnataka

Reported in : ILR2006KAR318; 2006(1)KarLJ1

..... the said right was omitted by the constitution (forty-fourth amendment) act, 1978 which came into force from 20-6-1979. ..... parties and after looking into the files of bda and government, has held that in view of the amendment to the constitution of india by the constitution (seventy-fourth amendment) act, 1992, part ix-a and in particular and definition of metropolitan area defined in article 243-p(c), article 243-r relating to composition of municipalities and corresponding amendment carried out to the karnataka municipal corporations act by inserting section 503-b which provides for constitution of metropolitan planning committee and the effect of articles ..... lakshminarayana, the learned counsel appearing for some of the respondents while supporting the order of the learned single judge contended that, definition of bangalore metropolitan area as contained in section 2(c) of the bda act has lost its significance in view of the definition of the metropolitan area in clause (c) of article 243-p of the constitution and therefore in view of article 243-zf, the definition automatically stood repealed after the expiry of one year ..... state of west bengal : (1969)illj45cal , the law with regard to rules of business has been enunciated by the calcutta high court thus: the rules of business have been made for the convenience of public business. ..... 2760 of 2005 most of them are non-resident indians and the first petitioner is a company which develops software it parks. .....

Waman Rao and ors Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : (1981)2SCC362; [1981]2SCR1

..... by section 7 of the constitution (forty-fourth amendment) act, 1978 the reference to article 31 was deleted from the concluding portion of article 31a(1) with effect from june 20, 1979, as a consequence of the deletion, by section 2 of the 44th amendment, of clause (f) of article 19(1) which gave to the citizens the right to acquire, hold and ..... were the basic postulates of the indian constitution when it was enacted and does the 1st amendment do violence to those postulates can the constitution as originally conceived and the amendment introduced by the 1st amendment act not endure in harmony or are they so incongruous that to seek to harmonise them will be like trying to fit a square peg into a round aperture is the concept underlying section 4 of the 1st amendment an alien in the house of ..... . said in the bengal immunity case : [1955]2scr603 that the finality of the decisions of the supreme court, which is the court of last resort, will be greatly weakened and much mischief done if we treat our own ..... . these then are our reasons for the order which we passed on may 9, 1980 to the following effect :'(1) the constitution (first amendment) act, 1951 which introduced article 31a into the constitution with retrospective effect, and section 3 of the constitution (fourth amendment) act, 1955 which substituted a new clause (1), sub-clause (a) to (e), for the original clause (1) with retrospective effect, do not damage any of the basic or essential features of the constitution or .....

iti, Hmt, Hal, Bel and Bgml Vs. State of Karnataka

Court : Karnataka

Reported in : ILR1985KAR1129

..... this act may be called the karnataka motor vehicles taxation (amendment) act, 1978.2. ..... (amendment) act of 1978(karnataka act ..... in the light of our above discussion, we make the following orders and directions :(i) we uphold the validity of 1976 and 1978 amending acts and dismiss these writ petitions to that extent ;(ii) we direct the respondents to refund the difference of taxes collected from the petitioners forthe period from 1-4-1972 to 30-6-1972 (both days inclusive) ..... bearing these principles it is now necessary to ascertain the scope of the relevant entries with a very brief back drop of the act in the first place.22, the act, which is a consolidating and amending act was enacted by the new state of karnataka to levy taxes on motor vehicles in exercise of the legislative powers derived from article 246(3) and entry 57 list-ii, state list ..... on the outskirts of the city of bangalore there are 4 giant industrial undertakings of the central government called (i) indian telephone industries limited,('iti') ; (ii) hindustan aeronautics limited, ('hal'); (iii) hindustan machine tools limited, ('hmt) and(iv) bharat electronics limited ('bel') employing thousands of persons who have their residences ..... indian telephone industries and hindustan machine tools and any other ..... , indian telephone industries and hindustan machine tools challenged the validity of the classificationof their vehicles as contract carriages used for transporting employees to and from their places / or residences to .....

M/S. Hind Wire Industries Ltd. Vs. Commissioner of Income-tax, West Be ...

Court : Supreme Court of India

Reported in : AIR1995SC1133; (1995)124CTR(SC)219; 1998(99)ELT25(SC); [1995]212ITR639(SC); JT1995(2)SC317; 1995(1)SCALE475; (1995)3SCC136; [1995]1SCR519

..... dealer shall pay, by way of penalty in addition to the amount of tax so assessed, a sum not exceeding that amount:provided that in the case of an assessment made under any act repealed by section 52, the period for re-assessment, escapement or wrong deduction shall be provided in such act notwithstanding the repeal thereof:provided further that any reassessment proceedings pending on the date of commencement of the madhya pradesh general sales tax (amendment) act, 1978 (no. ..... any proceeding by way of appeal or revision relating to an order referred to in sub-section (1), the authority passing such order may, notwithstanding anything contained in any law for the time being in force, amend the order under that sub-section in relation to any matter other than the matter which has been so considered and decided.xxxx xxxx xxxx(7) save as otherwise in section 155 or sub-section (4) of ..... sub-sections (2) and (3) of that section read as under :(2) the deputy commissioner may of his own motion call for and examine the record of any order passed or proceeding recorded under the provisions of the act by a commercial tax officer subordinate to him and against which no appeal has been preferred to him under section 20, for the purpose of satisfying himself as to the legality or propriety of such order or as ..... tax, andhra pradesh : [1970]75itr373(sc) , this court dealt with section 34 of the indian income-tax act, 1922, which relates to reassessment in the case of income escaping assessment. .....

Abuzar HossaIn Alias Gulam Hossain. Vs. State of West Bengal.

Court : Supreme Court of India

Reported in : (2012)10SCC489

..... abhijit sengupta, learned counsel for the state of west bengal, submitted that although the provisions of 2000 act as amended in 2006, and the rules must be given full effect as these are beneficial provisions for the benefit of juveniles, but at the same time this court must ensure ..... aged below 18 years and he is therefore a child within the meaning of the expression in the west bengal children act, 1959 and, therefore, the court had no jurisdiction to sentence him to suffer imprisonment after holding a ..... of commission of the offence even prior to 1-4-2001, would be treated as juveniles, even if the claim of juvenility was raised after they had attained the age of 18 years on or before the date of commencement of the act and were undergoing sentence upon being convicted.27. the court observed in hari ram3 that often parents of children, who come from rural backgrounds, are not aware of the actual date of birth of a child, ..... less than 18 years on the date of offence on the basis of any proof specified in sub-rule (3) the court or the board or as the case may be the child welfare committee appointed under chapter iv of the act, has to pass a written order stating the age of the juvenile or stating the status of the juvenile, and no further inquiry is to be conducted by the court or board after examining and obtaining any other documentary proof ..... the appellant husband was much younger to his wife which is not the usual practice in the indian context and may happen but infrequently .....

Indian Telephone Industries Limited, Bangalore and Etc. Etc. Vs. State ...

Court : Karnataka

Reported in : AIR1985Kant186; 1985(1)KarLJ407

..... short title, commencement and duration, -(1) this act may be called the karnataka motor vehicles taxation (amendment) act, 1978. ..... the karnataka motor vehicles taxation (amendment) act of 1978 (karnataka act no. ..... in the light of our above discussion, we make the following orders and directions:(i) we uphold the validity of 1976 and 1978 amending acts and dismissing these writ petitions to that extent;(ii) we direct the respondents to refund the difference of taxes collected from the petitioners for the period from 1-4-1972 to 30-6-1972 (both days inclusive) in terms of the order ..... on the outskirts of the city of bangalore there are 4 giant industrial undertakings of the central government called (i) indian telephone industries limited, ('iti'); (ii) hindustan aeronautics limited, ('hal'); (iii) hindustan machine tools limited, ('hmt') and (iv) bharat electronics limited ('bel') employing thousands of persons who have their residences in different parts of the city. ..... indian telephone industries and hindustan machine tools and any other industrial undertakings which may put forth such claims. ..... , indian telephone industries and hindustan machine tools challenged the validity of the classification of their vehicles as contract carriages used for transporting employees to and from their places or residence to the factory and levy of the tax .....