Judgment Search Results Home > Cases Phrase: legal services authorities amendment act 2002 section 6 amendment of section 27 Page 100 of about 21,149 results (0.323 seconds)

K. Veeraswami Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : JT1991(3)SC198; (1992)IILLJ53bSC; 1991(2)SCALE150; (1991)3SCC655; [1991]3SCR189a

..... court of the special judge, madras, initiated on a charge-sheet accusing him of the offence of criminal misconduct under section 5(1)(e) punishable under section 5(2) of the act, as amended by the amendment act of 1964. ..... in the case of such public servants whenever sanction to prosecute is sought under section 6 of the act, the competent authority can form the requisite opinion on the basis of the available material including the service record of the public servant to come to the conclusion whether the offence under clause (e) of possession of disproportionate assets which the public servant cannot satisfactorily account ..... public servant is said to commit the offence of criminal misconduct -(a) if he habitually accepts or obtains or agrees to accept or attempts to obtain from any person for himself or for any other person, any gratification (other than legal remuneration) as a motive or reward such as is mentioned in section 161 of the indian penal code (45 of 1860), or(b) if he habitually accepts or obtains or agrees to accept or attempts to obtain for himself or for any other person, any valuable thing without consideration or for a consideration which ..... it does appear that this too is a pointer in the direction that even after the 1964 amendment of the act following the report of the santhanam committee when clause (e) was inserted in sub-section (1) of section 5 of the act, the legislature did not intend to include judges of the high courts and the supreme court within the .....

Air India Vs. Nergesh Meerza and ors.

Court : Supreme Court of India

Reported in : AIR1981SC1829; 1981LabIC1313; (1981)IILLJ314SC; 1981(3)SCALE1275; (1981)4SCC335; [1982]1SCR438; 1981(2)SLJ349(SC)

..... ultimately, however, the old regulation underwent a further change and by virtue of a notification published in the gazette of india on 12.4.1980 in part iii, section 4, para 3 of the amended regulation 12 was further amended thus: an air hostess shall retire from services of the corporation upon attaining the age of 35 years or on marriage if it takes place within four years of service or on first pregnancy, whichever occurs earlier.14. ..... (as he then was) clearly observed as follows: but the second criticism cannot be so easily met, since an act which gives uncontrolled authority to discriminate cannot but be hit by article 14 and it will be no answer simply to say that the legislature having more or less the unlimited power to delegate has merely exercised that power. ... ... ... .. ..... there is neither any legal nor medical authority for this bald proposition. ..... : (1973)illj42sc this court clearly held that where classes of service are different, inequality of promotional avenues was legally permissible. ..... 3 of 1981 and the writ petitions filed by the petitioners raise common constitutional and legal questions and we propose to decide all these cases by one common judgment. ..... origin, is an immutable characteristic determined solely by the accident of birth, the imposition of special disabilities upon the members of a particular sex because of their sex would seem to violate 'the basic concept of our system that legal burdens should bear some relationship to individual responsibility. 92. .....

Union of India (Uoi) and ors. Vs. MartIn Lottery Agencies Ltd.

Court : Supreme Court of India

Reported in : (2009)223CTR(SC)321; JT2009(11)SC151; 2009(7)SCALE341(1); (2009)12SCC209; [2009]17STJ237(SC); 2009[14]STR593; [2009]20STT203; 2009(6)LC2739(SC); (2009)24VST1(SC); 2009AIRSCW5301

..... of income tax, delhi-i : [2007]289itr83(sc) , holding:it may be noted that the amendment made to section 271 by the finance act, 2002 only stated that the amended provision would come into force with effect from 1.4.2003. ..... after the special leave petition was filed in this court, the parliament by finance act, 2008 inserted an explanation in sub-clause (ii) of section 65(19), which came into force on or about 16.5.2008 and reads as under:explanation--for the removal of doubts, it is hereby declared that for the purposes of this sub- clause, 'service in relation to promotion or marketing of service provided by the client' includes any service provided in relation to promotion or marketing of games of chance, organized, conducted or promoted by the client, in ..... the notice dated 30.4.2007 shows that according to the authorities clause (i) was attracted and not clause (ii) of the ..... it is the well settled legal position that an amendment can be considered to be declaratory and clarificatory only if the statue itself expressly and unequivocally states that it is a declaratory and ..... it would be entitled to raise a legal fiction, but when a new type of tax is introduced or a new concept of tax is introduced so as to widen the net, it, in our opinion, should not be construed to have a retrospective operation on the premise that it is clarificatory or declaratory in ..... the legality and/or validity of the said notice was questioned before the high court of sikkim by the respondent by way of a .....

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

..... . state of haryana61 when the validity of the punjab service of engineers, class i, pwd (irrigation branch) rules, 1964 as amended by the state of haryana by notification dated 22-6-1984 came up for consideration this court found that the said rule is violative of section 82(6) of the punjab reorganisation act, 1966, as the prior approval of the central government had not ..... the court, therefore, needs to carefully scan the law to find out: (a) whether the vice pointed out by the court and invalidity suffered by previous law is cured complying with the legal and constitutional requirements; (b) whether the legislature has competence to validate the law; (c) whether such validation is consistent with the rights guaranteed in part iii of the constitution ..... proviso deals with minimum qualified service for an officer who is a member of the service working on the civil side on buildings and roads branch unless one has served a total minimum period of two years on a post relating to the design or planning or research or survey and investigation or teaching or training or purely office posting whether in head office or circle office or research laboratory under the haryana government or while on deputation under any other authority, he is ineligible for promotion ..... . but, on appeal, a bench of four judges of this court had held that the act gives naked power to the authorities to retire any employee after his attaining the age of 55 years without providing any guidelines for the exercise of .....

A.J. Patel and ors. Vs. the State of Gujarat and ors.

Court : Gujarat

Reported in : AIR1965Guj234a

..... having considered of provisions of section 115 s a whole and having considered the provisions in the light of the other provisions contained in the state reorganisation act, it appears to us that the central government has certain functions to perform in connection with the integration of services, but that it is not constituted the sole and exclusive authority for the purpose of the integration of services and that the power of the state government is not wholly taken away in connection therewith. ..... on the premise that the rules 1957 and the equation of posts made by the state government under the resolution dated 25th october 1957 were merely administrative directions which did not confer any legal rights justiciable in a court of law and for this purpose reliance was placed on two decisions, one a decision of the privy council in 64 ind app 55: (air 1937 pc 31) and the other a decision of a division bench of the high ..... it was argued by the learned attorney general in answer to the contention of mr.v.b.patel that the act in the present case was an act made by the parliament under article 3 and that the act could, therefore, contain not only such provision for the amendment of the first schedule and the forth schedule as might be necessary to give effect to the provisions of the act but also such supplemental, incidental and consequential provisions as the parliament might deem necessary. .....

Amreli District Co-operative Sale and Purchase Union Ltd. and ors. Vs. ...

Court : Gujarat

Reported in : (1984)2GLR1244

..... (6) the impugned act of 1982, insofar as it seeks to amend the principal act by substituting new section 69 in place of the old one by section 9 of the said amending act is ultra vires the powers of the state legislature inasmuch as it amounts to levy of tax without authority of law and, therefore, violative of article 265 ..... is in the context of this settled legal position that we have to examine as to whether the challenge to sections 17-a, 22(2) and 24 of the amending act of 1982 as violative of article ..... service and credit facilities, producer societies banking societies rendering banking services at urban, district and state level, sales and purchase unions at taluka, district and state level, challenge the gujarat co-operative societies (amendment) act, 1981 (hereinafter referred to as 'the impugned act of 1981) and the gujarat co-operative societies (amendment and validation) act, 1982 (hereinafter referred to as 'the impugned act of 1982) by which the gujarat co-operative societies act, 1961 (hereinafter referred to as 'the principal act) has been substantially amended ..... as violative of article 19(1)(c) qua all societies irrespective of the nature of the societies concerned or article 14 of the constitution for the reasons which we will indicate immediately after setting out as to what is the correct legal position when a provision in form and in substance tends to affect the right of association but its direct and inevitable effect is on the right to carry on business .....

H.S. Chauhan and ors. Vs. Life Insurance Corporation of India and ors.

Court : Rajasthan

Reported in : 1982WLN321

..... of the corporation including those who became employees and agents of the corporation on the appointed day under this act,(b) after sub-section (2), the following sub-section shall be inserted namely:(2a) the regulations and other provisions as in force immediately before the commencement of the life insurance corporation (amendment) act, 1981, with respect to the terms and conditions of service of employees and agents of the corporation including those who became employees and agents of the corporation on the ..... in any case of conflict the fundamental law must govern, and the act in conflict with it must be treated as of no legal validity.the learned chief justice observed:to decide upon the question of constitution not validity in relation to an act of a statutory authority, how-high-se-evea is a duty devolving ordinarily upon the superior courts by virtue of their office, and in the absence of any bar wither express or implied which stands in the way of that duty being performed in respect of ..... counsel for the corporation submitted that since the impugned order and the regulations have been struck down and declared illegal and void and the case raises serious and important questions of legal interpretation, the corporation should be allowed reasonable time to file an appeal and to make an attempt to obtain a stay order from the appellate forum and, till then the operation of this judgment should not be made effective .....

Bhanwarlal and ors. Vs. Rajasthan State Road Transport Corporation and ...

Court : Rajasthan

Reported in : (1985)ILLJ111Raj

..... that after a standing order is certified by the statutory authority under section 5 of the act, it becomes 'part of the statutory terms and conditions of service' between the employer and employees of the industrial establishment ..... high court took from the 1946 model standing orders was washed off the shores of 'social justice' -- 'jurisprudence ocean' and the 42nd amendment has, by introduction of 'social state' in the preamble of our constitution and 'workers participation' by the amendment in directive principles, acted as the last nail in the coffin of the laissez faire jurisprudence and durante bene placito (during pleasure) doctrine which has been termed ..... reasons for discharging an employee are furnished to the employee concerned, he not only has the satisfaction of knowing why his services are dispensed with but it becomes easy for him in appropriate cases to challenge the order on the ground that it is either not legal or proper which in the absence of knowledge of those reasons it may be difficult, if not impossible for him ..... koranic law.barrister govind das lamented establishment of diverse legal theories (1) concept of it and system of law a-; under:the authors on jurisprudence have catalogues the legal theories as under the righteous justice of manu-brahaspati, greek and roman legal theory -- early greek legal theory, plato's view, aristotlian theory of law, the stoic law of nature, early christian doctrine; legal philosophy of middle ages -- the thomist philosophy of .....

Km. Manju and anr. Vs. State

Court : Himachal Pradesh

Reported in : AIR1972HP37

..... laid down the following tests:'wherever any body of persons having legal authority to determine questions affecting the rights of subjects, and having the duty to act judicially act in excess of their legal authority they are subject to the controlling jurisdiction of the king's bench division exercised in ..... principle of law were applied in the case of the father of each of the two petitioners, we think that, on the facts deposed by each of them, unshaken by cross-examination, coupled with their long services in himachal pradesh and the unlikelihood of their transfer outside, it could not be said that they had not settled in himachal pradesh or had not acquired a himachali domicile merely because they were not well enough to ..... passage from batt's book on 'master and servant' which said:--'it is this right of control or interference, of being entitled to tell the servant when to work (within the hours of service) or when not to work, and what work to do and how to do it (within the terms of such service), which is the dominant 'characteristic in this relation and marks off the servant from an independent contractor, or from one employed merely to give to his employer the fruits or results ..... before us was whether the compartment-wise distribution of 60 seats and the second amendment made by the government reserving all the seats except one in category (f) for the children of the defence service personnel and two in category (g) for children of central government employees were valid. .....

indu B. Srivastava, Bangalore Vs. Avani Kumar Varma and Others

Court : Karnataka

..... the first time as per the notification dt.27th september 2008, the union of india by exercising its powers under sub-section (1) of section 3 of al india services act 1951, created the post known as head of forest force in each state cadre on a apex scale ofrs.80,000/- ..... chief conservator of forest as head of forest force in the each state cadre); (with effect from the date of issue of notification of the indian forest service (pay) amendment rules, 2008); note 1: appointment of a member of the service in the senior time scale and above shall be regulated as per the provisions in the guidelines regarding promotion to various grades in the indian forest ..... : government order no.dpar 04 sep 2008 bangalore dated 10.12.2009 in pursuance of the letter dated 27.9.2008 of the government of india read at sl.no.2 above, and under rule 3(i)(d)(iii) of ifs (pay) 2nd amendment rules, 2008, vide government of india notification read at sl.no.1 above the existing ifs cadre post of principal chief conservator of forests, karnataka, bangalore in the above super time scale (hag+) of rs.75,500/- ( ..... the legality and correctness of the order passed by the central administrative tribunal, bangalore bench, bangalore in o.a.no.59/10 dt.27.5.2011 wherein the tribunal on the application filed by the 1st respondent-avani kumar varma has set aside the selection of the petitioner to the post of principal chief conservator of forests (head of forest force), karnataka and directed the selection authority .....