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Parvej Aktar and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : JT1993(1)SC453; 1993(1)SCALE456; (1993)2SCC221; [1993]1SCR803

..... of general public, for the the control of the production, supply and distribution, and trade and commerce in certain commodities.sub-section (1) of section 3 states as follows:notwithstanding anything contained in the industries (development and regulation) act, 1951, the central government may, if it is satisfied, after considering the recommendations made to it by the advisory committee, that it is necessary so to do for the protection and development of the handloom industry, by order published in the official gazette, direct ..... and commerce in and production, supply and distribution of, the products of industries where the control of such industries by the union is declared by parliament by law to be expedient in the public interest.entry 33 as amended by the constitution third amendment act, 1954: trade and commerce in, and the production, supply and distribution of,-(a) the products of any industry where the control of such industry by the union is declared by parliament by law to be expedient in the public interest, and imported ..... therefore, it is meaningless to state that no opportunity was afforded to powerloom sector and that under section 3 of the impugned act regard is had only to the handloom industry while under clause 20 an over all view of all the industries could be taken.71. ..... the total production of textile sector at the end of sixth plan (1984-85) was 11,956 million mitts, of which the share of handlooms was 3514. .....

Government of A.P. and anr. Vs. Road Rollers Owners Welfare Associatio ...

Court : Supreme Court of India

Reported in : 2004(9)SCALE34; (2004)6SCC210

..... court in the impugned judgment holds that the imposition of tax was authorised by entry-57 of list-ii of schedule-vii of the constitution of india and that pursuant thereto the andhra pradesh motor vehicles taxation act, 1963 permitted levying of tax on vehicles using the roads. ..... respondents filed writ petitions claiming that road rollers were not motor vehicles under the motor vehicles act, 1988 and hence no tax could be levied on road rollers.3. ..... the andhra pradesh motor vehicles taxation act, 1963 does not define what is ..... that in this case it has been held that whilst construing a taxing section, one must take into account the purpose of the motor vehicles act which is basically to provide for transport. ..... the motor vehicles act, 1988 defines a 'motor vehicle' under section 2(28) as follows:-'2(28) - 'motor vehicle' or 'vehicle' means any mechanically propelled vehicle adapted for use upon roads whether the power of propulsion is transmitted thereto from an external ..... it is a vehicle, which is mechanically propelled, and is adapted for use on roads, it is a motor vehicle within the meaning of the motor vehicles act, 1988.6. ..... as the act categorically provides that a road roller is a motor vehicle we fail to understand how the high court, even after noticing the definition, could have held that road roller was not a ..... noticed the definition of 'motor vehicle' under section 2(28) as well as the definition of 'light motor vehicle' under section 2(21) of the motor vehicles act, 1988. .....

Shyam Kishore and Others Vs. Municipal Corporation of Delhi and Anothe ...

Court : Supreme Court of India

Reported in : AIR1992SC2279; JT1992(5)SC335; 1992(2)SCALE403; (1993)1SCC22; [1992]Supp1SCR349

..... the basis of amended list become due only when the amendment is formally made in the assessment list as a result of investigation of the notice issued under section 126(2) of the act and so long as the assessment list is not formally amended, the person liable to pay property taxes has to continue to pay the said taxes on the basis of the unamended ..... assessment has to be duly authenticated by the commissioner or an officer on his behalf but this list is subject to the other provisions of the act including section 126 and the bye-laws and once a notice has been issued under section 126(2) of the act, the assessment list though authenticated under section 124(6) is subject to the result of the notice and the assessment list as a result to ..... in the assessment list under section 126 and to the result of any appeal made under the provisions of this act, the entries in the assessment list authenticated and deposited as provided in section 124 shall be accepted as conclusive evidence:(a) for the purpose of assessing any tax levied under this act, of the rateable value of all lands and buildings to which such entries respectively relate.126. ..... that the condition of deposit of tax amount under section 170(b) of the delhi municipal corporation act, 1957 (hereinafter referred to as 'the act') is a condition precedent for hearing or determination of the appeal and the district judge had no discretion to grant stay of the disputed amount or dispense with the requirement of pre-deposit of the .....

State of M.P. Vs. Mahalaxmi Fabric Mills Limited and Others

Court : Supreme Court of India

Reported in : AIR1995SC2213; JT1995(3)SC93; 1995(1)SCALE758; 1995Supp(1)SCC642; [1995]1SCR756

..... parliament had already occupied the field pertaining to regulation and development of mines and minerals in the country by enacting the act in 1957, if the rates of royalty were to be increased, it was only the central government which could exercise power under section 9(3) of the act and as the royalty had to be paid to the states, there was nothing wrong in issuing the impugned notification ..... the counter referred to the striking down of cesses imposed by various state legislatures by this court and then at paragraph 't' it is stated that governments whose cess acts were declared unconstitutional and collection of cesses was stopped were suffering substantial losses of revenues, they approached the central government to revise the rates of royalty on coal immediately ..... 3395/94, broadly supported the aforesaid contentions of shri sanghi and shri sorabjee and further contended that section 9 of the act has nothing to do with mineral development and, therefore, enactment of section 9 could not be supported under entry 54 of the union list but would be covered by ..... (2-a) the holder of a mining lease, whether granted before or after commencement of the mines and minerals (regulation & development) amendment act, 1972, (56 of 1972) shall not be liable to pay any royalty in respect of any coal consumed by a workman engaged in a colliery provided that such consumption by the ..... study group was appointed in 1984 and that was followed by ..... group was appointed in 1984 to consider all aspects .....

indu Bhushan Bose Vs. Rama Sundari Debi and anr.

Court : Supreme Court of India

Reported in : AIR1970SC228; (1969)2SCC289; [1970]1SCR443

..... in england, held :-great public feeling was aroused by the exorbitant demands for rent that were made and the ejectments for non-payment of it, with the result that parliament passed the rent restriction acts with the two-fold object, (1) of preventing the rent from being raised above the prewar standard, and (2) of preventing tenants from being turned out of their houses even if the term for which they ..... an argument was sought to be built on it that regulation of house accommodation was not intended to cover control of rents when that expression was used in the corresponding entry in the government of india act, and that this expression used in the constitution should also be interpreted to cover the same field, so that, but for the addition made within brackets, parliament could not have legislated for control of rents of ..... it has been contended on behalf of the appellant that the high court is not correct in holding that the field of legislation covered by the act, which is primarily concerned with control of rents and eviction of tenants, is included within the expression 'regulation of house accommodation in cantonment areas' used in entry no. ..... obviously, it could not be intended that parliament should not be able to pass a law containing provisions similar to the provisions in these earlier acts which did interfere with private letting out of house accommodation in cantonment areas by owners for certain purposes.11. .....

M. Narasimhaiah Vs. Deputy Commissioner for Transport, Bangalore Divis ...

Court : Supreme Court of India

Reported in : AIR1988SC240; JT1987(4)SC466; 1987(2)SCALE1171; 1987(Supp)SCC452; [1988]2SCR10

..... in the instant case we feel that when a registered owner of a motor vehicle which is permitted to be used as a stage carriage cannot be asked to pay additional tax under section 8 of the act merely because he has carried on some occasions more passengers than the maximum number of passengers that he is permitted to carry under the permit. ..... aggrieved by the levy of additional tax under section 8 of the karnataka motor vehicles taxation act, 1957 (hereinafter referred to as 'the act') in respect of his motor vehicle, which he has been running as a stage carriage under a permit issued under the provisions of the motor vehicles act, 1939, the appellant herein questioned the levy of the said additional tax before the high court of karnataka in writ petition no ..... in that case the appellant had paid the duty under para 6 of the schedule ii to the finance act, 1922 which was a residuary clause under which he had to pay 16 for taking out the licence for using his motor vehicle as a private motor ..... the action on the part of the registered owner is contrary to the provisions of the motor vehicles act, 1939 there is sufficient provision in that act to take appropriate action against him and either to cancel the permit or to suspend it.14. ..... a person who has obtained a stage carriage permit exposes himself to the cancellation of the permit itself under section 60 of the act if he carries passengers in excess of the maximum number of passengers that he is permitted to carry under the permit,8. .....

In the Matter of a Reference by the Governor in Council Concerning Sec ...

Court : Canada Supreme Court

..... the arguments of the attorney general of canada [96] the attorney general of canada argues (i) that the mention of the supreme court in the constitution act, 1982 has no legal force, and (ii) that the failed attempts to entrench the eligibility requirements in the meech lake accord of 1987 and the charlottetown accord of 1992 demonstrate that ..... of canada are absent from ottawa or for any reason are unable to sit, of a judge of a provincial superior court to be designated in writing by the chief justice, or in the absence of the chief justice, by any acting chief justice or the senior puisne judge of that provincial court on that request being made to that ..... the charlottetown accord went furthest by stipulating that it was entrenching the current supreme court act requirement of nine members, of whom three must have been admitted to the bar of ..... as she is, no province in the dominion is so greatly interested as our own in the passage of the act now under discussion, and which before many days are over, will form a most important chapter in the statute ..... addressing who is eligible to be appointed a judge of the supreme court of canada, the act addresses which judges of other courts are eligible to sit as ad hoc judges of the ..... most significantly, the amended bill that became the supreme court act provided that two of the six judges shall be taken from among the judges of the superior court or court of queens bench, or the barristers or advocates of the ..... 1984 canlii 33 (scc), [1984 .....

The Gujarat University, Ahmedabad Vs. Krishna Ranganath Mudholkar and ...

Court : Supreme Court of India

Reported in : AIR1963SC703; (1963)GLR450(SC); [1963]Supp1SCR112

..... whereas under the proviso in respect of the subjects prescribed, english was to be the only medium for the periods specified clause (28) which confers authority upon university 'to do all acts and things whether incidental to the powers aforesaid or not as may be requisite in order to further the objects of the university and generally to cultivate and promote arts, ..... maintained in them; clause (15), to control and co-ordinate the activities of, and to give financial aid to affiliated colleges and recognized institutions; and clause (28), to do all such acts and things whether incidental to the powers aforesaid or not as may be requisite in order to further the objects of university and generally to cultivate and promote arts, science and other branches of ..... of mandamus or other writ, directions or order requiring the university of gujarat to treat sections 4(27), 18(i)(xiv) and 38a of the gujarat university act, 1949, and statues 207, 208 and 209 as void and inoperative and to forbear from acting upon or enforcing those provisions and requiring the vice-chancellor to treat the letters or circulars issued by him in connection with the medium of instruction ..... as illegal and to forbear from acting upon or enforcing the same, and also requiring the university to forbear from objecting to or from prohibiting the admission of shrikant to 'the english medium .....

Rajasthan Pharmaceutical Laboratory, Bangalore and Two ors. Vs. State ...

Court : Supreme Court of India

Reported in : AIR1981SC809; (1981)83BOMLR227; 1981CriLJ348; 1981(1)SCALE139; (1981)1SCC645; [1981]2SCR604

..... a complaint was filed in the court of the city magistrate, bangalore alleging that the appellants were guilty of an offence under section 18(a)(i) of the act for having in their stock and exhibiting for sale drugs not of standard quality and further that they were guilty of an offence under section 18(a)(vi) for ..... the bombay high court reported in : (1971)73bomlr613 which holds that the words 'punished accordingly' in clause (2) of section 34 of the act mean that the persons mentioned therein can be punished only in the same way as a company would be punishable, that is, only with ..... liable to be proceeded against and punished accordingly:provided that nothing contained in this sub-section shall render any such person liable to any punishment provided in this act if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence. ..... that the high court having convicted the appellants as aforesaid and sentenced them under section 27(b) of the act further convicted them 'for having committed the offence punishable under section 22(1)(c)' and sentenced 'each one ..... first appellant is a manufacturer of the said drugs in view of the definition of the term 'manufacture' occurring in section 3(f) of the act which is as follows:manufacture in relation to any drug or cosmetic includes any process or part of a process for making, altering, ornamenting, finishing, packing, labelling, breaking up or otherwise treating .....

Naga People's Movement of Human Rights Vs. Union of India (UOi)

Court : Supreme Court of India

Reported in : AIR1998SC465; 1998(1)ALD(Cri)220; JT1997(9)SC431; 1997(7)SCALE741; (1998)2SCC109; [1997]Supp5SCR469

..... of officers of military or air forces: - any commissioned officer, warrant officer or non commissioned officer of his majesty's military or air forces may, in any area in respect of which a proclamation under sub-section (1) of section 15 of the police act, 1861 (v of 1861) is for the time being in force or which is for the time being by any form of words declared by the provincial government under any other law to be a disturbed or dangerous area,(a) if in his opinion it is ..... of opinion that it is necessary so to do for the maintenance of public order, after giving such due warning as he may consider necessary fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the disturbed area prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons or of fire-arms, ammunition ..... necessary so to do for the maintenance of public order, after giving such warning, if any, as he may consider necessary, fire upon or otherwise use force, even to the causing of death, against any person who is acting in contravention of any law or order for the time being in force in the said area prohibiting the assembly of five or more persons or the carrying of weapons or of things capable of being used as weapons; (b) arrest without warrant ..... 1980, 9229-30 of 1982 and 13644-45 of 1984 will stand disposed of in terms of this judgment .....