Court : Supreme Court of India
Reported in : AIR1997SC645; (1997)3GLR2576; (1997)ILLJ1113SC; 1996(9)SCALE70; (1997)9SCC377; [1996]Supp9SCR579
..... indication of the corporation being impregnated with governmental character; (3) it must also be relevant factor whether the corporation enjoys monopoly status which is state conferred or state protected; (4) existence of deep and pervasive state control may afford an indication that the corporation is a state agency or instrumentality; (5) if the functions of the corporation ..... treated as principal employer with various statutory obligations flowing from the act in connection with regulation of the working conditions of the contract labourers who are brought by the intermediary contractor on the principal's establishment for the benefit and for the purpose of the principal employer and who do his work ..... engineering case on the interpretation of the phrase 'appropriate government', it would be necessary to recapitulate the preamble, fundamental rights (part iii) and directive principle (part iv) - trinity setting out the conscience of the constitution deriving from the source 'we, the people', a charter to establish an egalitarian social order in which social and economic justice with ..... to provided sufficient supply of wholesome drinking water as well as sufficient number of ..... and that there is to be no private possession, but in the sense that there is no distinction of property on the grounds of natural law, but only by human agreement, and this pertains to positive law, as we have already shown. ..... karnataka high court against which an appeal came to be filed and the power to regulate .....
Tag this Judgment!Court : Jharkhand
Reported in : [2008(3)JCR365(Jhr)]
..... on the other hand submitted that the relevant provisions of the vat tax act relating to imposition of entry tax under facially and patently show that the levy of entry tax is compensatory in nature for the following reasons:(i) the preamble of the act, after amendment by 2007 amendment act says that value added tax act is an act to provide for and consolidate the laws relating to value added tax on sale or purchase ..... member(e) secretary, agriculture and sugarcane ex-officiodepartment, government of jharkhand member(f) secretary, industries department, government ex-officiojharkhand member(g) secretary, energy department, government of ex-officiojharkhand member(h) secretary, drinking water and sanitation ex-officiodepartment, government of jharkhand member5. ..... submitted that when the tax is as a part of regulation or as a part of regulatory measures, its basis shifts from the concept of 'burden' to the concept, of measurable/quantifiable benefit and then it becomes 'a compensatory tax' and its payment is then not for revenue but as reimbursement/recompense to the service/facilily provider.30 ..... services such as convenient roads, protection from transport of goods through traffic ..... in 2007 have been challenged mainly on the ground that it does not fulfill the requirement of articles ..... for assistance to local areas for their development generally and the amendment brings about only a superficial change in the language while retaining the basic character of the levy as a source for ..... karnataka .....
Tag this Judgment!Court : Karnataka
Reported in : 1999(4)KarLJ574
..... single judge has referred to the functions of the board and its powers and rightly held that the purpose behind the functions of the board is to provide protected drinking water supply and drainage facilities, but this also cannot be disputed that the board has got its own assets and liabilities, that it has got its own method ..... it must function in a defined area and must ordinarily, wholly or partly, directly or indirectly, be elected by the inhabitants of the area; (vi) it must enjoy a certain degree of autonomy with freedom to decide for themselves question of policy effecting the area administered by it; (vii) it must be entrusted by the statute with such governmental functions and duties as are usually entrusted to municipal bodies; (viii) it must have power to ..... that is the true test in determining the character of the levy'.in that case the validity of the orissa mining areas development fund act was challenged on the ground that the cess levied under the act was not a fee but in reality and in substance a levy in the nature of a duty of excise on the coal produced by the petitioner which was ..... members, the state government has the right to appoint another person to officiate for him and carry-out his functions under the act or the rules and regulations made thereunder (section 8). ..... expense supported, a supply or source of money, a store laid-up, money available to an organisation for a project etc. ..... act is intended to achieve the socialistic goal as enshrined in the preamble .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1999KAR1317; 1999(2)KarLJ259; (1999)ILLJ1239Kant
..... government.therefore, the notification dated april 11, 1997, prohibiting the employment of contract labour in the canteen (industrial canteens) in factories employing 250 workers and above in the state of karnataka under section 10 of the contract labour (abolition and regulation) 1970, was valid'.the learned advocate general also relied upon a decision of the madras high court in bharat heavy electricals limited v government of tamil nadu, where the ..... fact that parliament could possibly have made more detailed provisions, could obviously not be a ground for invalidating the law'.since there is enough guidance in the act which can be gathered from the policy and purpose of the act as set out in the preamble and in the operative provisions of the act, the constitutionality of the proviso to section 1(4)(a) and (b) cannot be questioned on the ground that there has been excessive delegation of legislative power as to amount to an ..... is seen from the above provisions of the act that the facilities to be provided by the establishments or contractors to whom the act applies if the workmen are less than 20, are only minimum facilities such as to provide for drinking water, latrine, urinals and washing facilities to ..... . .it is contended that none of the decisions has considered the argument advanced before us that a law may be protected from an attack under article 31(2) but it will still be invalid under article 13(2) if the restriction placed by it on the right of a .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC1867; JT1999(3)SC431; 1999(3)SCALE171; [1999]2SCR1111
..... it is a defence to the person charged with any offence in connection with a lottery to prove that it was one declared by statute not to be an unlawful lottery, and that, at the date of the alleged offence, he believed and had reasonable-ground for believing that none of the statutory conditions required to be observed in connection with the promotion and conduct of the lottery had been broken.it is also a defence to prove that the lottery in question was not promoted wholly or ..... the preamble of the act states :to regulate the lotteries and to provide for matters connected therewith an incidental thereto.91. ..... all sorts of betting and gambling which includes state lotteries are outside the pale of protection of article 19(1)(g) as well as of part xiii of the constitution, as betting and gambling is neither 'trade' nor 'commerce' and when the parliament enacts the law under entry 40 of list 1 as the impugned act, no state can invoke the provisions of articles 301, 302 or 303 of the constitution since the source of the power under entry 40, list i is really betting and gambling, j. ..... there cannot be business in crime.potable liquor as a beverage is an intoxicating and depressant drink which is dangerous and injurious to health and is, therefore, an article which is res extra commercium being inherently harmful. ..... remaining petitions are transfer petitions seeking transfer of the cases from madras high court, karnataka high court. ..... in central inland water transport corporation and anr. v .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2000)1GLR242; (1999)9SCC700; [2000]120STC302(SC)
..... the preamble of the act states :an act to regulate the lotteries and to provide for matters connected therewith and incidental thereto.thus, the object of this enactment is to regulate the state lotteries and other ..... sorts of betting and gambling which includes state lotteries are outside the pale of protection of article 19(1)(g) as well as of part xiii of the constitution; as betting and gambling is neither 'trade' nor 'commerce' and when the parliament enacts the law under entry 40 of list i as the impugned act, no state can invoke the provisions of article 301, 302 or 303 of the constitution since the source of the power under entry 40, list i is really betting and gambling, ..... defence to the person charged with any offence in connection with a lottery to prove that it was one declared by statute not to be an unlawful lottery, and that, at the date of the alleged offence, he believed and had reasonable ground for believing that none of the statutory conditions required to be observed in connection with thepromotion and conduct of the lottery had been broken. ..... are transfer petitions seeking transfer of the cases from madras high court, karnataka high court, andhra pradesh high court and delhi high court to this ..... there cannot be business in crime.potable liquor as a beverage is an intoxicating and depressant drink which is dangerous and injurious to health and is, therefore, an article which is res extra commercium ..... been held in central inland water transport corporation ltd. v .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC3125; 1999(4)ARBLR502(SC); 1999(3)BLJR2191; JT1999(5)SC422; 1999(4)SCALE516; (1999)9SCC620; [1999]Supp1SCR146
..... for protecting the sugarcane growers and, therefore, there was no occasion for the state' of bihar to continue the regulation of purchase and sale transactions of sugarcane atleast after 1981 as per section 3(1) of the market act ..... purchasing cane at any purchasing center shall make such provisions for the following and keep them in such repairs as may be prescribed, namely:(a) approach road and parking space for animal-driven carts;(b) sheds for animals and cart-drivers;(c) drinking water for persons using the purchasing center; and(d) drinking water and water-trough for animals.34. ..... of the same year issued under section 3 of the essential commodities act, 1955 and also the provisions of the bihar molasses (control) act, 1947 fully occupied the field of regulation of sale and purchase of sugarcane, sugar and molasses and on that ground also the provisions of the market act could not be pressed in service against the appellant-sugar factories undertaking ..... reasoning of the karnataka high court remained ..... preamble introduces the act with the recital that it is expedient to provide for the better regulation of the buying and selling of commercial crops in the presidency of madras and for that purpose to establish markets and make rules for ..... so far as the written submissions filed by the appellant on 8th may, 1999 are concerned, we may state that to the extent they tried to re-iterate what was submitted earlier and considered by ..... to call for information from various sources as enacted .....
Tag this Judgment!Court : Delhi
Reported in : 1999VAD(Delhi)365; 81(1999)DLT400
..... to above that so long as the power is traceable to the statute, mere omission to recite the provision does not denude the power of the legislature or rule making authority to make the regulations and as such the impugned directions were held to be within the powers of reserve bank of india to provide tardy, stable, identifiable and monitorable method of operations by residuary non-banking companies. ..... provide that if the authority under the explosive act find any discrepancy in the lay out and providing infrastructure and equipment, that will become a ground for the oil company to take penal action against ..... non provision of free air, drinking water, radiator water, toilet facilities, telephone (where possible), first-aid, puc (where applicable) at ro premises, the following action to be taken (in exceptional case where toilet facilities cannot be provided because of municipal and ..... 45l was neither expressly stated nor mentioned in the preamble of the directions of the required recitation of satisfaction of objec tive facts to issue the directions from the facts and circumstances it is demonstrated that the r.b.i had such ..... maharashtra, goa, gujarat, madhya pradesh, tamil nadu, karnataka, andhra pradesh, bihar and sikkim needs to be ..... also thereby, protects interest of ..... following grounds are urged by learned counsel for the petitioners assail the punishments as proposed in the guidelines and as referred to above:- (i) the exercise of executive power must have a legitimate source of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC1560; JT2000(6)SC1; 1999(4)SCALE332; (2000)9SCC572
..... karnataka was not at all inclined to resolve the problem by any amicable discussion nor did it desire any effort for mediation being undertaken by anyone whatsoever, the plaintiff had no other alternative but to approach this court under article 131 of the constitution for declarations and injunctions against the defendants for protection of the rights of the plaintiff state as well as the rights of its inhabitants flowing from the decision of the krishna ..... no ground for any further clarification.however, we may add that this project is to be executed by stages and if it is found in future that more water is available for distribution between the three states, the claim of karnataka for allocating more water ..... act has not imposed any restriction on any state for construction of any project and on the other hand clause xv expressly mentioned that: 'nothing in the order of the tribunal shall impair the right or power or authority of any state to regulate within its boundaries the use of water, or to enjoy the benefit of ..... the plaintiff voluntarily agreed for supply of 15 tmc of drinking water to madras, which ..... said act, as its preamble shows, is an act to provide for the 'adjudication of disputes relating to ..... the sources of water in this country are either the frozen snow which melts in summer or accumulated ..... karnataka to assess the magnitude and extent of submergence in maharashtra, karnataka has now stated that such surveys would be done by karnataka only from april, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC3527; [2001(91)FLR182]; (2002)1GLR792; JT2001(7)SC268; 2001LabIC3656; (2001)IILLJ1087SC; 2001(5)SCALE626; (2001)7SCC1; 2001(4)SCT1(SC); (2002)1UPLBEC228; 2001DGLS(soft)1084:2001(111)CLR349
..... (c) they were performing public, or statutory duties for the benefit of the public and not for private profit; and concluded that they, were in effect acting as the agencies of the central government and the service regulations made by them had the force of law, ..... that the requirements of canteen, rest-rooms and other facilities like sufficient supply of wholesome drinking water at convenient places, sufficient number of latrines and urinals accessible to the contract labour in the ..... displaced labour is provided with alternative employment;e) secure for contract labour the conditions and protection enjoyed by other workers engaged by the principal employer andf) set up ..... clra act prohibiting employment of contract labour or otherwise, in an industrial dispute brought before it by any contract labour in regard to conditions of service, the industrial adjudicator will have to consider the question whether the contractor has been interposed either on the ground of having undertaken to produce any given result for the establishment or for supply of contract labour ..... clra act for absorption of the contract labour when engagement of contract labour stood prohibited on publication of the notification under section 10(1) of the act, from that moment the principal employer cannot continue contract labour and direct relationship gets established between the workmen and the principal employer; (2) the act did not intend to denude the contract labour of their ..... ..... the ..... preamble .....
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