Judgment Search Results Home > Cases Phrase: karnataka legislature prohibition of simultaneous membership act 1956 section 2 definitions Page 3 of about 50 results (0.165 seconds)

S.S. Bola and Others Vs. B.D. Sardana and Others

Court : Supreme Court of India

Reported in : AIR1997SC3127; JT1997(6)SC637; 1997(5)SCALE90; (1997)8SCC522; [1997]Supp2SCR507

..... judicial review is a basic structure and by a colourable exercise of the legislative power, legislature is prohibited from repealing, by legislative judgment, the judicial decision. ..... had held that the central water board constituted under the inter-state water disputes act, 1956 issued interim awards directing karnataka state to release the water to tamil nadu, the lower riparian state. ..... learned counsel basic changes have been made in the act by altering the definition of service by addition of sub-clause (c), by providing that the quota of promotees could exceed beyond 50% as per proviso to section 5(2) and by changing the very criteria for determination of seniority, namely, the continuous length of service as engrafted in section 12(2) and these changes having been made and the legislative competence not having been assailed, the act must be held to be a valid piece of ..... those cases were overruled but simultaneously suggestion was made to the legislature to enact suitable law within five years from the ..... the direct recruits were already integrated into the membership of the service and they became the members of the service by fiction of the law by giving retrospective effect which otherwise is not necessary as sehgal1 and chopra2 law is the law of the land by ..... it is settled service jurisprudence under the fundamental rules that an officer cannot be appointed substantively to more than one post and he cannot also hold two posts simultaneously in a substantive capacity. .....

C.V. Raman Vs. the Management of Bank of India, Regional Office, South ...

Court : Chennai

Reported in : (1985)2MLJ439

..... that article explains the definition of 'state' which normally would mean 'sovereign power' as under:article 12: in this part unless the context otherwise requires 'the state' includes the government and parliament of india and the government and the legislature of each of the states and all local or other authorities within the territory of india or under the control ..... section 37 of the subsidiary banks act, the central government has power, after consultation with the reserve bank to direct the subsidiary banks to carry on any business or to prohibit ..... found from the statement and objects of those amending acts:amending act 33 of 1955 : the scheme of the state bank of india act, 1955, envisaged the state bank of india coming into existence and the imperial bank of india going out of the existence simultaneously on the appointed day, (being the day notified ..... or persons to be members of the society and any member of the society other than a member representing the state or central government can be removed from the membership of the society by the state government with the approval of the central government. ..... that cannot be said of the company incorporated under the companies act, 1956, which derives its powers and functions from and by virtue of its memorandum and articles of association.the mere fact, that the entire share capital of ..... corresponding provisions of the shops and establishments act in the various states, like kerala, karnataka, andhra pradesh, madhya pradesh, punjab .....

B. Archana Reddy and ors. Vs. State of A.P., Rep. by Its Secretary, La ...

Court : Andhra Pradesh

Reported in : 2005(6)ALD582; 2005(6)ALT364

..... or drivers, pursuit of professions or occupations such as cycle repairing or vulcanizing, engagement of women and children in beedi-rolling, are circumstances either peculiar to the muslim community or that professing the faith of islam (definition of 'muslims' in section 2(c) of the ordinance) and these (occupational, professional, extreme poverty and want) circumstances have a causal relationship ..... sex. there shall be one general electoral roll for every territorial constituency for election to either house of parliament or to the house or either house of the legislature of a state and no person shall be ineligible for inclusion in any such roll or claim to be included in any special electoral roll for any such constituency on grounds only of religion, race ..... . charitable and hindu religious institutions and endowments act, 1987, repelled the contention that classification of tenants of the lands held by religious institutions or endowments was unreasonable and it has no nexus with the object sought to be achieved and reiterated the principles of classification as under:what article 14 of the constitution prohibits is 'class legislation' and ..... never in the history of our republic has membership of a backward class been so enticing, ..... having exhausted the castes or simultaneously with it, the authority may take up for consideration ..... of fact, they are so treated in the state of karnataka as well as in the state of kerala by their respective ..... of the state of andhra pradesh on 01-11-1956 .....

Mallela Venkata Rao and Others Vs. State of Andhra Pradesh and Others

Court : Andhra Pradesh

Reported in : 2000(6)ALD555; 2000(1)ALD(Cri)226; 2000(6)ALT438

..... has to be looked into and the entries in the constitution not demarcating the powers but only demarcates the fields of respective legislatures, avoiding the literal construction of them, whether the enactment substantially falls within the powers expressly conferred by the constitution upon which legislature, the act cannot be said to suffer from the vice of legislative incompetence merely because it may incidentally encroach upon matters assigned to other ..... in this judgment, section 2(j) of the industrial disputes act was being interpreted and the supreme court found 'it is obvious that the works used in an inclusive definition denote extension and cannot be ..... is to enquire, whether the law relates to the matters enumerated in list ii or is referable to any specific constitutional provisions orthe subject is referable to the concurrent list where power has been conferred simultaneously on the state as well as the centre to legislate with respect to the fields provided by list iii of scheduled vii. ..... as a matter of fact discrimination on the basis of caste particularly for admission to the educational institutions and employment is prohibited under articles 15 and 16, but at the same time the constitution permitted framing of a list which popularly came to be ..... grouping with the difference that its membership is hereditary when one is born into ..... 1scr1 , karnataka state v. ..... is relevant is the 'constitution (scheduled castes) order, 1950' issued in 1956 and is known as 'c.o. 19'. .....

Orissa Management Colleges Association and Etc. Vs. State of Orissa an ...

Court : Orissa

Reported in : AIR2007Ori120; 104(2007)CLT310

..... act, 1956, the medical council has been established under section 3 of the said act ..... the validity of the state act vis-a-vis the central act has been summed up as follows:.if a central act has been passed which contains a declaration by parliament as required by entry 54, and if the said declaration covers the field occupied by the impugned act (meaning the state act), the impugned act would be ultra vires, not because of any repugnance between the two statutes, but because the state legislature had no jurisdiction to pass ..... the inescapable conclusion is that in the facts of the instant case, the state law definitely seeks to encroach upon the field occupied by the regulations framed under pre-existing central laws ..... to any professional body or institution in the field of technical education conferring powers, rights and privileges on it for the promotion of such profession in its field including conduct of examination and awarding of membership certificates; xx xx xx(o) provided guidelines for admission of students to technical institutions and universities imparting technical education.16. ..... case, the said act, which has been discussed above has totally prohibited the admission procedure ..... simultaneously ..... state of karnataka reported in : air2003sc3724 , the supreme court has held that some time under the central act the state government has been delegated with the power to determine fee structure in respect of professional institutions whereof requisite guidelines are issued by .....

J. Jayalalitha and Others Vs. State, By the Superintendent of Police, ...

Court : Karnataka

..... power of attorney authorising her business partner sasikala to execute the necessary loan documents, getting the loan sanctioned the same day and the issue of drafts in favour of the government simultaneously within one day speaks about the abuse of state authority in this regard, forcing the bank authorities to grant loan to the tune of crores on the security of the property ..... the learned sessions judge has made observation at para-85.2 as under:- though this evidence may suggest extravagant life lead by the inmates residing at door no.36, in the absence of clear and definite evidence to show that the said 386 pairs of footwear found in the house were purchased by a- 1 and that, these footwear were exclusively worn by her ..... , sections 209, 210, 211 and 215 of the companies act, ..... equality relatingly too large or small; lack of balance or equality; failure to be in proportion unreasonably large or small in comparison with something else; illegal : according to section 43 of the indian penal code, the word illegal is applicable to everything which is an offence or which is prohibited by law, or which furnishes ground for a civil action; and a person is said to be legally bound to do whatever it is ..... of this court in course of the day to the registrar general of the high court of karnataka so that he can place the judgment before the learned single ..... provision as found in the corruption act will only lead to the conclusion that the legislature did not want to wipe ..... the time of getting the .....

indra Sawhney Etc. Etc Vs. Union of India and Others, Etc. Etc.

Court : Supreme Court of India

Reported in : AIR1993SC477; [1992]Supp2SCR454; 1992DGLS(soft)768:1992Supp(3)SCC217

..... to any matter with which any state government is concerned, a copy of such report shall be forwarded to the governor of the state who shall cause it to be laid before the legislature of the state along with a memorandum explaining the action taken or proposed to be taken on the recommendations relating to the state and the reasons for the non-acceptance, if any, of any of such ..... to (g), the chance of 'getting into or getting out of the definition of 'poorer sections' will be like a see-saw depending upon the fluctuating fortunes ..... the reasons for which title vi of the civil rights act, 1964 was enacted leads to the conclusion that the prohibition contained in title vi was intended to be consistent with ..... issued by the second backward classes commission, the state of assam, andhra pradesh, bihar, gujarat, karnataka, kerala, maharastra, punjab, rajasthan and uttar pradesh stated that caste should be used as one ..... of action appended to the report of the commission while placing it on the table of the parliament [as required by clause (3) of article 340] on september 3, 1956, pointed out that the caste system is the greatest hindrance in the way of our progress to egalitarian society and that in such a situation recognition of certain specified castes ..... (5) thus:caste :caste is a largely, exclusive social class, membership in which is determined by birth and involves particular customary restrictions ..... having exhausted the castes or simultaneously with it, the authority may .....

In Re Article 370 Of The Constitution

Court : Supreme Court of India

..... of ladakh without a 321 part e legislature308 and the union territory of jammu and kashmir with a legislature.309 the territories of the former comprise kargil and leh whereas the territories of the latter comprise territories other than kargil and leh.310 section 103 of the reorganisation act empowers the president to issue an order removing any difficulties which arise in giving effect to the provisions ..... be initiated only by the introduction of a bill for the purpose in the legislative assembly and when the bill is passed in each house by a majority of not less than two-thirds of the total membership of at the house, it shall be presented to the sadar-i-riyasat for his assent and, upon such assent being given to the bill, the constitution shall stand amended in accordance with the terms of ..... were: name of the act act no.year immovable properties requirement orders v samvat, 2009 (validation) act, 2009 vegetable seeds act, 2009 xii samvat, 2009 prohibition of smoking (cinema and xviii samvat, 2009 theatre halls) act, 2009 utilization of lands act, 2010 iv samvat, 2010 ..... troops at the disposal of the state had to be dispersed and thus had to face the enemy at the several points simultaneously, that it has become difficult to stop the wanton destruction of life and property and looting. ..... in 1956 and the deletion of classification of states to part a, part b, and part c states, the definition became obsolete ..... provisions for the state of karnataka the ninety-eighth amendment with .....

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

..... demonstrate as to what would be the nature and scope of the money bill, reference was made to the following literature: relevant excerpts from erskine may s parliamentary practice definition of money bill section 1(2) of the act defines a money bill as a public bill which in the opinion of the speaker of the house of commons contains only provisions dealing with all or any of the following ..... mangalore beedi, to formulate following principles: (iii) article 255 the ground of any alleged (i) the validity of an act cannot be challenged on the ground that it offends articles 197 to 199 and the procedure laid down in article 202; (ii) article 212 prohibits the validity of any proceedings in a legislature of a state from being called in irregularity of question on procedure; and the requirements as to recommendation and previous ..... learned chief justice then was) in state of karnataka v state 556 (1966) 2 scr158435 part j of tamil nadu557, was dealing with a batch of civil appeals filed against a final order of the cauvery water disputes tribunal constituted under the inter- state river water disputes act, 1956 ..... emphasized that a bicameral structure acts as a control over the tyranny of a majority.135 levmore similarly echoes this thought: at the very least, if the two chambers consider an issue simultaneously, one chamber s agenda ..... unemployment; (v) equal pay for equal work without any discrimination; (vi) just and favourable remuneration for work; and (vii) formation and membership of trade unions .....

Govt. Of Nct of Delhi Vs. Union of India

Court : Supreme Court of India

..... we have noticed, the inclusive definition of the expression state in section 3(58) of the general clauses act, 1897 provides that as respects any period after the commencement of the constitution (seventh amendment) act, 1956, the expression state shall mean ..... obvious intent that even where express conferment of power or functions is written into the articles, such business has to be disposed of decisively by the ministry answerable to the legislature and through it vicariously to the people, thus vindicating our democracy instead of surrendering it to a single summit soul whose deification is incompatible with the basics of our ..... this bill seeks necessary provisions in respect of the legislative assembly and its functioning including the provisions relating to the speaker, deputy speaker, qualifications or disqualifications for membership, duration, summoning, prorogation or dissolution of the house privileges, legislative procedures, procedure in financial matters, adders by the lieutenant governor to the legislative assembly, ..... to any proposal or matter in any department and such requisition shall be complied with by the secretary to the department concerned, he shall simultaneously inform the minister-in- charge of the department of the action taken by him ..... means which are appropriate, which are plainly adapted to that end, which are not prohibited, 13 but consist with the letter and spirit of the constitution, are constitutional ..... court in state of karnataka v union of .....