Judgment Search Results Home > Cases Phrase: jammu and kashmir state legislature delegation of powers act 1992 repealed Page 1 of about 103 results (0.212 seconds)

Er B. R. Manhas Vs. State of Jandk; and ors

Court : Jammu and Kashmir

..... earlier the state legislature had enacted the jammu and kashmir right to information act, 2004 followed by right to information (amendment) act, 2008, which, however, came to be repealed by the act of 2009. ..... 2.2 section 24 of the act, like section 27 of the central act, delegates power to the state government to make rules for carrying out the provisions of the act in general and regarding some matters in particular. ..... . additional advocate general that delegated power to make rules, regulations or bylaws under an act inheres also the power to amend or repeal the rules, regulations or bylaws so made ..... 3 in exercise of its delegated power under section 24 of the act the state government earlier framed rules called the jammu and kashmir right to information rules, 2009, which were notified vide sro196dated 29.07.2009. ..... . the object of placing the rules framed in exercise of delegated legislative power under an act before the legislature, which enacted the main act, is to enable the legislature, which is primary law making body, to hold control over delegated legislation and effect any modification as may be required or even not to agree with the rules so framed ..... . additional advocate general, appearing for the respondents 1 to 3 submitted that when government or a competent authority is delegated with power to frame rules under an enactment of the legislature, that power inheres also power to repeal or amend the rules so made. mr .....

Ranga Reddy District Sarpanches' Association and Ors. Vs. Government o ...

Court : Andhra Pradesh

Reported in : 2004(2)ALD1; 2004(1)ALT659

..... . article 243n continuance of existing laws and panchayatsnotwithstanding anything in this part, any provision of any law relating to panchayats in force in a state immediately before the commencement of the constitution (seventy-third amendment) act, 1992, which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier: provided that all the panchayats existing immediately before such ..... state of jammu and kashmir, : air1959sc749 , lingappa v. ..... in state of jammu and kashmir v. t.n. ..... bodies at various levels, including powers of the government to issue directions, to remove a sarpanch, president or a chairperson, to dissolve a gram parishad, mandal parishad or zilla parishad, provisions for delegation of powers, provisions relating to emergency power of the government, commissioner and district collector and powers of review and revision by the government, and the like.part-viii sets out provisions relating to the power of the government to make rules for carrying out the purposes of the act, provisions relating to adjudication of disputes between local authorities and repeal and savings ..... union of india, : air2000sc498 , state of jammu and kashmir v. a.r. .....

Smt. Parkasho Devi and ors. Vs. Assessing Authority

Court : Jammu and Kashmir

Reported in : AIR1986J& K42

..... state of jammu and kashmir, air 1968 j&k; 105, a division bench of this court held that the charging section 3(1) of the act is not covered by entry 82 of list i and it clearly falls within the residuary field of the state and the state legislature was fully competent to enact the act as would be evident even from entry 49 of the state list in the seventh sch. ..... the fixation of rates of taxes may be legitimately left by a statute to a non-legislative authority, for there is no distinction in principle between delegation of power to fix rates of taxes to be charged on different classes of goods and power to fix rates simpliciter, if power to fix rates in some cases can be delegated then equally the power to fix rates generally can be delegated.12. ..... modalities about the rate, persons and the properties to be taxed can be safely entrusted to a delegate provided the delegate is not given unguided and uncanalised powers so as to make the purpose and aim of the statute redundant or so as to render the statute punitive in character. ..... legislature has full powers to make delegation to executive for purposes of carrying out the provisions of the statute. ..... of sales tax, air 1974 sc 1660 : (1974 tax lr 2017) is an authority in which delegation of legislative powers to subordinate authorities under section 8(2)(b) of central sales tax act was held to be valid and not bad on account of vice of excessive delegation.18. .....

Sehajdhari Sikh Federation Vs. Union of India and Others

Court : Punjab and Haryana

..... ., air 1970 sc 1118, follows pranlal lakhanpal's case and, in the context of vires of section 13-a of the jammu and kashmir preventive detention act, 1964, holds that the power of the president under article 370(1)(d) to bring the state of jandk within the ambit of the constitution, subject to such `exceptions' and `modifications' as the president may deem necessary, are to be construed with widest possible amplitude and the word `modify' may also mean to `vary' i.e ..... but it is also equally well-settled that once the essential legislative function is performed by the legislature and the policy has been laid down, it is always open to the legislature to delegate to the executive authority ancillary and subordinate powers necessary for carrying out the policy and purposes of the act as may be necessary to make the legislation complete, effective and useful." c. ..... , air 1974 mp 59 (fb), wherein principles governing the power of legislature to delegate its functions; extent of such delegation; ingredients of essential legislative functions; condition precedent to lay down principles or standards for the guidance of the delegate; and impermissibility of uncontrolled entrustment of power to a delegate etc. ..... statute. the parliament while empowering the central government to `modify' an act under section 72(2) neither intended nor could it delegate the power to `repeal' or `amend' an act, for such a power under the constitutional scheme is exercisable by the legislature .....

United Receland Limited and anr. Vs. the State of Haryana and ors.

Court : Punjab and Haryana

Reported in : (1996)114PLR227

..... to the same effect is the judgment of the bill bench of the jammu and kashmir high court in glacier cold storage and ice mills and ors. v. ..... in the act, the intention of the legislature wherever desired and power to exempt is specifically stated in sections 13, 13-a and 13-b. ..... : [1985]1scr29 , it was held :-'the constitutionality of the regulations has to be adjudged only by a three fold test, namely (1) whether the provisions of such regulations fall within the scope and ambit of the power conferred by the statute on the delegate ; (2) whether the rules/regulations framed by the delegate are to any extent inconsistent with the provisions of the parent enactment and lastly (3) whether they infringe any of the fundamental rights or other restrictions or limitations imposed by the constitution.'20. ..... according to the petitioners it was not within the competence of the legislature whereas the respondents have pleaded that there was no bar for repealing the provision and imposing tax liability retrospectively if the legislature otherwise had the legislative competence to enact the law on the subject.26. ..... 1 of 1992 and act no. ..... : [1992]196itr188(sc) held, 'that the legislature was the best judge of need of people, manifest its intention from time to time through amendment, substitution and omission considering the social and economic conditions in view. .....

Ranbir Datt Bhanot and Nathu Ram and ors. Vs. State of J and K and ors ...

Court : Jammu and Kashmir

Reported in : 2005(2)JKJ328

..... the detailed reading of the judgment of the hon'ble full bench, constitution of state and other laws on the subject, it appears that the full bench was not apprised of the delegation of the authority of the government to various ministers under the provision of section 43 of the constitution of the jammu and kashmir by the governor by framing business rules, which inter alia delegate and distribute the powers to the ministers, who are allocated concerned departments. ..... the state legislature enacted j&k; grant of permanent resident certificate (procedure) act, 1963 for the regulation and grant of permanent resident certificate to the permanent residents of the state, as there was no specified procedure prior to that and particularly after the constitution of jammu and kashmir came into being providing definition of the ..... the date this act comes into force, all previous law, rules, commands, orders, circulars and instructions relating to the grant of state subject or permanent resident certificates in so far as they are repugnant to this act, shall be deemed to have been repealed. ..... provided that laws in force in the state immediately before the commencement of the constitution shall continue in force until altered or repealed or amended by the competent authority. ..... such repeal, all certificates granted, actions taken and other things done under the laws, rules, commands, orders, circulars and instructions so repealed shall be deemed to have been granted taken or done under this act. .....

Kartar Singh Vs. State of Punjab.

Court : Supreme Court of India

Reported in : 1994SCC(3)569; JT1994(2)423

..... though originally the proviso to sub-section (2) to section 1 was added reading, "provided so much of this act as relates to terrorist acts shall not apply to the state of jammu and kashmir", this proviso was omitted by act 46 of 1985. ..... . the executive indeed can exercise the powers of departmental or subordinate legislation when such powers are delegated it by the legislature.it can also, when so empowered, exercise judicial functions in a limited way ..... scc (cri) 40: (1979) 3 scr 532 (iv)25 (1980) 1 scc 115: 1980 scc (cri) 57: (1979) 3 scr 1276 (vi)26 (1983) 2 scc 104: 1983 scc (cri) 361 27 (1983) 2 scc 68: 1983 scc (cri) 342: (1983) 2 scr 348 28 (1992) 1 scc 225: 1992 scc (cri) 9321 (1978) 1 scc 248: (1978) 2 scr 62129 198 us 77, 87: 49 l ed 950, 954 (1905) 30 412 us 434: 37 l ed 2d 57 (1973)31 435 us 850: 56 l ed 2d 18 (1977)640balancing approach by taking note of the possible prejudices ..... . he also made reference to the prevention of terrorism (temporary provision) act, 1984 (uk) and some other acts enacted in india which are now repealed prescribing special procedure and providing severe punishments.225 ..... however, this act repealing the ordinance, received the assent of the president of india on september 3, 1987 and was published in the gazette of india, extra. ..... subsequently, this ordinance was repealed by act 35 of 1991 thus extending the life of the act 28 of 1987 to six years. ..... however, this act is not repealed, but is in operation. .....

Ahmedabad Millowners' Association and Anr. Vs. Thakore (i.G.) (Preside ...

Court : Gujarat

Reported in : AIR1965Guj112; (1964)GLR705; (1965)ILLJ567Guj

..... the supreme court examined entry 23 of the state list which vests in the state legislature power to enact laws on the subject of regulation of mines and mineral development subject to the provisions of list i with respect to regulation and development under the control of the union and entry 54 in the union list, and held that the central act having been enacted by parliament in exercise of the legislative power contained in entry 54 and containing a declaration in terms of what is required under that entry, there could be no argument that to the ..... 1(2) was substituted and the amended sub-section (2) was made applicable to the whole of india except jammu and kashmir and later on by act xxxvi of 1956 that sub-section was again substituted by the present sub-section (2) of s. ..... as regards the first question the contention urged by sri patwari was that the two acts the bombay industrial disputes act, 1938, and the central act occupied the same field that though the central act does not expressly repeal the bombay industrial disputes act, the latter act was repugnant to the former act and therefore the resultant effect was that under the provisions of s. ..... 4, this power could be delegated to the provincial government. ..... ii of the bombay industrial relations act are unconstitutional and void on the ground of excessive delegation of legislative power does not survive in view of this court's decision in special civil application no. .....

Mian Bashir Ahmad and Etc. Vs. State of J. and K. and ors.

Court : Jammu and Kashmir

..... k. legislature had to introduce section 24-g in the act, was like an open book for anybody to read and see as it was mainly intended to restrict the spread of malady of defections from one party to another to reach the state of jammu ..... the constitution itself; fifthly, that clause (e) of section 69 of the state constitution on its plain terms has to be read ejusdem generis to clauses (a), (b), (c) and (d) of the said section, and the disqualification created by the impugned section not having the same genus as that of the disqualification contemplated by the other clauses of the section, the impugned section is ultra vires of the powers vested to the state legislature; and sixthly, that it in destructive of the basic structure of the constitution ..... conduct of election rules having been deliberated upon in parliament as required by section 169(3) of the representation of the people act, 1951, became part and parcel of the act and as such, it could not be said that the directions issued in the notification were issued in exercise of any power of delegated legislation. ..... may be possible to attack the legislation on the ground of improper delegation of authority or the acts of the officers on the ground of wrongful or mala fide exercise of powers but no question of infringement of article 14 of the constitution could ..... the conduct of election rules, 196t, under which the symbol order was issued, suffered from excessive delegation of the legislative power to the election commission. .....

Tahira and ors. Vs. State and ors.

Court : Jammu and Kashmir

Reported in : 2003(3)JKJ345

..... repeal and saving: -- save as otherwise provided in these rules, if immediately before the commencement of these rules or before the commencement of the jammu and kashmir state subordinate service recruitment board act, 1990, there were or are in force in the state, any rules, notifications or orders corresponding to these rules, those rules, notifications or orders shall stand repealed ..... there are powers delegated under jammu and kashmir civil service regulations, 1956, which are more specific and elaborate, contained ..... learned advocate general, citing the relevant constitutional provisions, the law made by the state legislature under the constitutional directives and the law settled by the supreme court, submitted that the state is duty bound to provide not only school buildings, but also teaching staff and other infrastructure to the children of rural areas and that these children also have the fundamental right to receive qualitative education, at least ..... august, 1992, the government of jammu and kashmir in the general administration department promulgated the jammu and kashmir subordinate service recruitment rules, 1992 (hereinafter referred to as 'the rules of 1992'). ..... in bank of india v jagjit singh mehta, (1992) 1 scc 306, this proposition came up for consideration of their lordships of the supreme court and their lordships were pleased to hold as under:'ordinarily and as far as practicable, the husband and wife who are both employed should be posted at the same station even .....