Court : Madhya Pradesh
Reported in : I(2007)ACC683
..... in the aforesaid judgment the apex court has held that the enhanced rate of interest by amendment dated 15th may, 1995 in the workmen's compensation act shall be applicable to the accidents which have taken place after coming into force of the said amendment and not prior to the amendment. ..... this appeal is filed by the insurance company under section 30 of workmen's compensation act challenging the award dated 16th march, 1993 passed by the commissioner of workmen's compensation, circle 1, gwalior in case no. 19/90 w.c.a. ..... learned counsel for the appellant has also relied on the judgment of apex court in the case of kerala state electricity board v. ..... after perusing the said judgment i find that the said judgment arises out of an award of the motor accident claims tribunal and not in respect of workmen's compensation act. .....
Tag this Judgment!Court : Uttaranchal
Reported in : 2006(3)AWC2358
..... 11 of said judgment is being reproduced below:even under the old section 100 of the code (pre-1976 amendment), a pure finding of fact was not open to challenge before the high court in second appeal ..... it is pertinent to mention here that section 100 of the code of civil procedure 1908, was amended w.e.f 1.2.1977, and the memo of the appeal presented in november, 1977, does not contain suggested substantial questions of law though grounds mentioned in the appeal did raise the above ..... originaljurisdictionfirst appeal secondappeal 24 209 suit for ejectment assisant commissioner boardof persons occu- collector.pying the land 1st classwithout title anddamages.as such, the above entry contained in second schedule of the aforesaid act, read with section 331 quoted above, bars the jurisdiction of the civil court in respect of the suit in possession of an agricultural land.16 ..... act, 2000. ..... but i have already mentioned earlier that amendments in section 100 came into force ..... . the select committee to which the amendment bill was referred felt that the scope of second appeals should be restricted so that litigations may not drag on for a ..... . section 100 was, therefore, suggested to be amended so as to provide that the right of second appeal should be confined to cases where a question of law is involved and such question of law is a ..... it appears that consequently necessary amendments were made and court's fee was paid before the trial ..... but later his name was deleted by way of amendment). .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1967P& H198; 1967CriLJ254
..... observed as follows :--'it is obvious from the language of the proviso, which was added to section 42, rajasthan tenancy act by act 28 of 1956 that after the amendment by act 28 of 1956 a khatedar tenant, who was a member of a scheduled caste or a scheduled tribe, was restrained from transferring his interest in the whole or any part of his holding to any person who was not a member of a scheduled caste or a ..... or its local equivalent has in the existing law relating to land tenures in force in that area and shall also include--(i) any jagir, inam or muafi or other similar grant and in the states of madras and kerala, any janmam right;(ii) any land held under ryotwari settlement;(iii) any land held or let for purposes of agriculture or for purposes ancillary thereto, including waste land, forest land, land for pasture or sites ..... the constitution (seventeenth amendment) act, 1964 protects the rajasthan tenancy act, 1955 as it stood on the date the said amendment of the constitution of india came into ..... herein shall affect--(a) the lauds of such landowner or tenant which have been exempted under section 32-k; or(b) the right of such person to any compensation in respect of such surplus area to which he may be entitled under this act: provided further that no such order shall be made without giving the person concerned an opportunity of being heard.it may be mentioned that sections 32-bb and 32-ff were inserted by the pepsu tenancy and agricultural lands ..... state of kerala, air 1962 sc .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC123; (1989)3SCC709; 1989(2)LC712(SC)
..... may briefly turn to the provisions of the two enactments which have since replaced the two ordinances:the amendments made to sections 5, 6 and 7a of the indian electricity act, 1910, by the indian electricity (assam amendment) act, 1973, are substantial and far-reaching, section 2 of the amending act amended section 5 of the principal act by substituting the expression 'the purchase price of the undertaking' in sub-section (2) of section ..... being in force including the other provisions of this act and of any rule made thereunder or of any instrument including licence have effect by virtue of any of such acts or any rule made thereunder, shall, in so far as it is inconsistent with any of the provisions of this section, have any effect.it is material to point out that sub-section (3) of section 1 of the amending act provides that the amending act shall be deemed to have come into force ..... company limited, which are licensees under the indian electricity act 1910 for the supply of electricity within the areas of the municipal hoards of tinsukhia and dibrugarh towns respectively, in the state of assam and the share-holder-managing directors of the two companies assail the constitutional validity of the indian electricity (assam amendment) act, 1973, and of the tinsukia and dibrugarh electric ..... state of kerala hence, in order to decide whether a statute is within article 31c, the court, if necessary, may examine the nature and the character of legislation and the matter dealt with as .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC46; (1983)85BOMLR21; 1982(2)SCALE948; (1982)3SCC519; [1983]1SCR655; 1982(14)LC905(SC)
..... struck down an order dated august 27, 1981 by which the chief justice of the bombay high court, in exercise of his powers under sub-section (3) of section 51 of the states reorganization act, 1956 (act xxxvii of 1956) (for short 'the act') with the prior approval of the governor of maharashtra, directed that the judges and division courts of the high court of bombay shall also, sit at aurangabad with effect from august 27, 1981 ..... were not intended to be operative indefinitely and they were meant to be exercised either immediately or within a reasonable time and therefore the exercise of the power by the chief justice under sub-section (3) of section 51 of the act appointing aurangabad as a place where the judges and division courts of the high court may also sit after a lapse of 26 years is constitutionally impermissible, (3) the state of maharashtra was not a new state within the meaning ..... there, a question arose whether the temporary bench of the high court of kerala with its principal seat at ernakulam created by the chief justice at trivandrum by an order issued under sub-section (3) of section 51 of the act was not the high court of kerala, and the judges and division courts sitting at trivandrum were precisely in the same position as judges and division courts sitting in the several court-rooms of the high court at its principal seat ..... does, it would certain call for an amendment of that rule. ..... region, and there was no reference to pune which was added by way of amendment. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC1038; 2005(5)ALLMR(SC)803; (2005)3CALLT71(SC); 2005(2)CTC708; 2005(2)ESC173; [2004(102)FLR642]; JT2005(2)SC137; (2005)3MLJ1(SC); (2005)3SCC1; 2005(2)SLJ347(SC); 20
..... and article 239a which was inserted by the constitution (fourteenth amendment) act, 1962 read as under : 239. ..... of article 240 lays down that any regulation so made by the president may repeal or amend any act made by parliament or any other law which is for the time being applicable to the union territory and when promulgated by the president, shall have the same force and effect as an act of parliament which applies to that territory. ..... interview a final selection list was prepared and out of 55 finally selected sc candidates, 29 candidates had produced community certificates from the governments of tamil nadu, andhra pradesh and kerala, based on which the revenue authority of pondicherry had issued community certificates to them. ..... to make regulations by the president is fairly large as he can repeal or amend any act made by parliament or any other law which is applicable to the said territory and shall have the same force and effect as an act of parliament. 12. ..... within the territorial boundary of state of tamil nadu, mahe is situate within the territorial boundary of state of kerala and yanam is situate within the territorial boundary of state of andhra pradesh. ..... law as is referred to in clause (1) shall not be deemed to be an amendment of this constitution for the purposes of article 368 notwithstanding that it contains any provision which amends or has the effect of amending this constitution.'11. ..... indian administrative service, the indian police service, the forest service, etc .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC560; JT1989(2)SC483; 1989Supp(1)SCC430; [1989]2SCR629
..... of the 1949 act had been made applicable to chandigarh by the 1974 act, an amendment act of the nature presently in question had been introduced not in the punjab but, say, in kerala, there is nothing in the language of section 87 to prohibit the central government from extending the kerala amendment act to chandigarh to stand side by side with the 1974 act. ..... purported to extend to the union territory of chandigarh - hereinafter referred to also as 'chandigarh' - the provisions of the east punjab urban rent restriction (amendment) act, 1985 (punjab act 2 of 1985) (hereinafter referred to as 'the 1985 act), as it was in force in the state of punjab at the date of the notification and subject to the modifications mentioned in the said notification. ..... only if read along with and as supplementing the provisions of the 1949 act already reenacted by the 1974 act and, therefore, amend or modify the 1974 act, this is true but it does not affect our line of reasoning indicated above(2) there was considerable argument before us as to whether the modifications introduced by the 1985 act in the 1949 act, as reenacted by the 1974 act, are minor 'modifications or restrictions' or incorporate substantial changes in the scheme ..... or effacing itself, for then the legislature will shirk its responsibility and go to sleep and peoples' life, liberty or property may be made to depend on the whims of the meanest police officer in whom, by successive delegation, the legislative power may come to be vested. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC2970b; JT1999(5)SC588; 1999(3)KLT115(SC); 1999(4)SCALE680; (1999)7SCC400
..... , who are respondents in the various appeals before us, filed writ petitions before the high court of kerala, challenging the constitutional validity of the provisions contained in item 4(1)(f) of the schedule to the kerala motor vehicles taxation act, 1976, as amended by section 4 of the kerala finance act, 1994 (hereinafter referred to as 'the act') whereby the state had enhanced the rate of quarterly tax in respect of the contract carriage vehicles ..... though originally there was a challenge to the constitutional validity of the provision contained in item 4(1)(f) of the schedule to the act, as amended by section 4 of the kerala finance act, 1994 and also to the notification issued under section 22 of the act whereby the state reduced the burden of levy on vehicles covered by intra-state contract carriage permits, during the course of arguments, it seems the challenge was confined only to the difference ..... contract carriages are covered by a permit issued under section 74 of the act and, in fact, there is hardly any difference between these two types of carriages with reference to the nature of operation except that in the case of inter-state carriages they have the right to go beyond the territorial limits of the state of kerala while the intra-state carriages will have to operate within the territory of ..... therefore, in exercise of the power conferred by section 22 of the kerala motor vehicles taxation act, 1976, the government have enforced a reduction in respect of the rate .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT2003(9)SC50; (2004)ILLJ217SC; 2003(9)SCALE520; (2003)12SCC68; 2004(86)SLJ107(SC); (2004)1UPLBEC921
..... employees' writ petitions challenging the validity of employees provident fund and miscellaneous provisions (amendment) act 1996 and employees' pensions scheme, 1935 wore dismissed by the high court and their claims for exemption from the scheme were also rejected. ..... writ petition filed by the employees challenging the validity or employees' provident fund and miscellaneous provisions (amendment) act 1896 and employees' pension scheme, 1995 ore pending in the calcutta high court. ..... wherein validity of the employees' provident fund and miscellaneous provisions (amendment) act 1996 and employees' pension scheme, 1995 has been challenged.40. ..... 15/98, 4/99, 11-12/89, 514/98, 29/38, 31/98, 32/98, 33/98, 56/98, 61/98, 51/99, 57/99 (1) validity of the employees' provident fund and miscellaneous provisions (amendment) act 1996 and employees' pension scheme, 1995 has been challenged by the employees/unions.in the light of the orders made by us above, the validity of the schemes is upheld. ..... such challenge was made in the high courts of madras, kerala and karnataka in a batch of cases. ..... nos.10/98, 13/93, 14/98, 13/98, 17/98, 18/98, 19/98, 20/98, 26/98, 27/98, 28/98, 34/98, 35/98, 36/98, 39/98, 41/98, 42/98, 43/98, 44/98, 45/98, 46/98, 47/98, 48/98, 49/98, 50/98, 51/98, 62/98, 58/98, 54/98, 57/98, 53/98, 59/98, 60/98, 62/98, 2/99, 3/99, 6/99, 8/99, 7/99, 14/98, 50/99, 52/99, 63/99, 54/99, 66/99, 58/99, 21/2000, 22/2000. t.p. ..... 570/98, 56/99, 152/59, 266/99, 428/99, 490/99, 378/2000, t.c. no. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC1640; 2008(3)ALD56; 2008(2)ALT100(SC); 2008(56)BLJR1550; [2008(3)JCR90(SC)]; 2008(3)SCALE45; (2008)4SCC720; 2008AIRSCW1826; 2008(3)LH(SC)2208; 2008(2)Supreme638
..... stone of the united states supreme court observed:there may be narrower scope for operation of the presumption of constitutionality when legislation appears on its face to be within a specific prohibition of the constitution, such as those of the first ten amendments, which are deemed equally specific when held to be embraced within the fourteenth.in a letter to stone in the first flag salute case, in which stone was the lone dissenter, justice frankfurter said:i am aware of the ..... a perusal of the said provision shows that when a document is produced (or comes in the performance of his functions) before a person who is authorized to receive evidence and a person who is in charge of a public office (except a police officer) before whom any instrument chargeable with duty is produced or comes in the performance of his functions, it is the duty of such person before whom the said instrument is produced to impound the document if it is not duly stamped. ..... in our opinion, there is no violation of articles 14, 19 or any other provision of the constitution by the enactment of section 47a as amended by the a.p amendment act 8 of 1998. ..... the relevant paragraphs in the counter affidavit are quoted below:in reply to the allegations made in the affidavit it is submitted that a sale deed was executed by ii senior civil judge, city civil court on 6.1.2000 and presented before me on 7.1.2000 through one of the staff members. ..... . state of kerala : air1973sc1461 khanna ..... government of kerala and ors. .....
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