Court : Supreme Court of India
..... article 32 of the constitution of india primarily assail the constitutional validity of the amendments to the provisions of the foreign contribution (regulation) act, 20101 vide the foreign contribution (regulation) amendment act, 20202, which has come into effect on 29.9.2020, in particular, sections 7, 12(1a), 1 for short, the 2010 act or the principal act , as the case may be 2 for short, the 2020 act or the amendment act , as the case may be 2 12a and 17(1), being manifestly arbitrary, ..... . to eradicate misuse and abuse of foreign contribution in the past, despite the firm regime in place in terms of the 2010 act, the parliament in its wisdom has now (vide amendment act of 2020) adopted the path of moderation by making it mandatory for all to accept foreign contribution only through one channel and to utilise the same itself for ..... amended the act by inserting a new section 15a, to take specific power to audit the accounts of certain persons, organisations or associations, if the prescribed returns are not furnished in time by such persons, organisations or associations or the returns so furnished by them are not in accordance with law or their scrutiny gives room for suspicion that the provisions of the act ..... 94 (1997) 9 scc495(paras 27-29) 95 (2003) 7 scc589(paras 31-41) 96 (2004) 3 scc402(paras 31-40) 97 (2004) 9 scc580(paras 40-45) 98 (2005) 8 scc534(paras 73-79, 135-137) 99 (2015) 16 scc421(paras 30-38) 100 supra at footnote no.21 (paras 154-159) 36 (x) it is further .....
Tag this Judgment!Court : Supreme Court of India
..... and the history of the shamilat deh (common land) in the state of punjab, including state of haryana, shows that the common land for the purposes of the present appeals falling in section 2(g)(1) and (6) of the 1961 act as amended by the amending act can be broadly classified into three categories: (i) shamilet deh recorded in the ownership of the gram panchayat prior to consolidation which vests unequivocally with the commencement of the punjab and pepsu ..... it is to be presumed that the president gave his assent to the amending act 38 air1967sc5949 in its relation to the act it sought to amend, and this is more so, when by the amending law the provisions of the earlier law relating to compulsory acquisition of property for public purposes were sought to be extended to new kinds of properties. ..... kamat, learned senior advocate appearing for the appellant argued that the appellant has challenged the provisions of the haryana municipal corporation (amendment) act, 1999 amending the haryana municipal corporation act, 75 199452 but the state has not filed any appeal against the judgment arising out of the writ petition filed by the appellant ..... 2003 scc online p&h409(for short, jai singh ii ) 5 ra -cw no.350 of 1999 decided on 8.11.2013 4 to make the provisions of the punjab village common lands (regulation) act, 1961 more effective, practical, deterrent and beneficial to the interests of the gram panchayats it is necessary to amend the punjab village common lands (regulation) act, 1961.7 .....
Tag this Judgment!Court : Supreme Court of India
..... held that as parliament did not make any provision generally for assessment of income receivable by the estate of the deceased person, the expression "any tax which would have been payable by him under this act if he had not died" cannot be deemed to have supplied the machinery for taxation of income received by a legal representative to the estate after the expiry of the year in the course of which such ..... in maruti suzuki, the fact of amalgamation was known to the ao and in the assessment order he tried to cure the defect by amending the cause title by including the name of both the existing and non- existing entity; the assessment order being in the name of a non-existing company, was highlighted to urge that as a result, this court ..... court endorsed the view of the single judge, holding that the revenue had not objected to the amalgamation schemes duly and that sections 139(5) and 119(2)(b) of the act and circular no.9/2015 issued by the cbdt were inapplicable to a case where a revised roi was filed pursuant to a scheme of arrangement and amalgamation, approved and sanctioned by the national company law tribunal.27. ..... . 2002-2003 and 2003- 04, the assessee was following project completion method and in subsequent years that assessee has changed to percentage ..... . 2002-2003 garden a-10 shalimar garden mahagun ..... . 2002-2003 garden flot no.26 shalimar mahagun ..... 2002-2003 f. ..... . 2003 ..... . 2003- ..... . 2003-2004 mahagun villa mahagun ..... 2002-2003 ..... 2002-2003 ..... 2002-2003 ..... july, 2003. .....
Tag this Judgment!Court : Supreme Court of India
..... . we were also directed to article 329-a, which excluded applicability of laws made prior to the constitution (thirty-ninth) amendment act, 1975 to specified elections and also validated such elections which may have been declared to be void under law or any order made by any court, before such commencement ..... . broach borough municipality16 to plead that while undoubtedly the parliament had the power to enact both the 102nd constitution amendment act and the 105th constitution amendment act, the latter sought to clarify the circumstances 15 (1994) 5 scc59316 (1969) 2 scc28322 | pa ge which gave rise to the court s interpretation of the former and would, thus, be retrospective.25 ..... relevant provisions of the constitution as introduced by the constitution (one hundred and second amendment) act, 2018 (hereinafter, the 102nd amendment act ), brought into force with effect from 15.08.2018, and as amended by the 105th amendment act (italicized), which came into force from 15.08.2021 in terms of the notification dated 15.09.2021 issued 8 (1975) 1 scc6969 1959 supp (1) scr48910 (1965) 1 scr93311 (1969) 1 scr4212 (1969) 2 scc33413 (1968) 3 scr71218 | pa ge by the ministry of social justice ..... . there are four essential features of the caste-system which maintained its homo hierarchicus character: (1) hierarchy; (2) commensality; (3) restrictions on marriage; and (4) hereditary occupation ..... . but pratilom marriages are not wholly known ..... . inter-marriage between two groups is impermissible .....
Tag this Judgment!Court : Supreme Court of India
..... form of accelerated promotions, remain co terminus with the person and are not related to post based promotions under the relevant recruitment rules, however, such scheme is not available under the act, 2007 and after the amendment notification dated 21st july, 2017, schedule e has been appended in exercise of power under the clause 23(5)(a) of the statute laying down the qualifications and other terms and conditions ..... nits and 3 recs including the present institution at hamirpur as national institute of technology with deemed university status, they were taken over as fully funded 2 institutions of central government by notification dated 14th may, 2003 wherein it was decided with the approval of the competent authority to implement career advancement scheme(cas) in nits after approval of the recommendations of the selection committee by the board of governors(bogs) of the nit ..... the director who is not even the authority competent under the provisions of the act, 2007 straightaway, on its own discretion, without following the procedure prescribed by law, passed orders in favour of each of the respondent teachers on mere completion of three years service in the agp rs.8000 and placed them in the higher pay band of rs.37400 67000 with agp ..... as associate professor, no procedure was followed, neither selection committee was constituted nor their suitability was adjudged and also there is no approval of the board of governors which is the requirement of law under the act 2007.24. .....
Tag this Judgment!Court : Karnataka
..... in south africa, the 2007 criminal law (sexual offences and related matters) amendment act ( sexual offences act ) provides, at s. ..... section 375 of the ipc came to be amended with effect from 10-05-2013 after introduction of criminal law amendment bill before the parliament, pursuant to the constitution of j.s.verma committee for suggesting amendments to criminal law. ..... to all the aforesaid submissions of the respective learned counsel for the respondents, the learned senior counsel for the petitioner would submit and accept that no doubt presumption under sections 29 and 30 of the posco act and their constitutionality has been considered and upheld in several judgments, but that would not mean that the 15 foundational facts need not be proved beyond all reasonable doubt.11. ..... (1) where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called dowry ..... thus a public servant who is charged of an offence under the provisions of the act may be charged by the special judge at the same trial of any offence under ipc if the same is 5 (2003) 8 scc62867 committed in a manner contemplated by section 220 of the code.14. .....
Tag this Judgment!Court : Karnataka
..... in south africa, the 2007 criminal law (sexual offences and related matters) amendment act ( sexual offences act ) provides, at s. ..... section 375 of the ipc came to be amended with effect from 10-05-2013 after introduction of criminal law amendment bill before the parliament, pursuant to the constitution of j.s.verma committee for suggesting amendments to criminal law. ..... to all the aforesaid submissions of the respective learned counsel for the respondents, the learned senior counsel for the petitioner would submit and accept that no doubt presumption under sections 29 and 30 of the posco act and their constitutionality has been considered and upheld in several judgments, but that would not mean that the 15 foundational facts need not be proved beyond all reasonable doubt.11. ..... (1) where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called dowry ..... thus a public servant who is charged of an offence under the provisions of the act may be charged by the special judge at the same trial of any offence under ipc if the same is 5 (2003) 8 scc62867 committed in a manner contemplated by section 220 of the code.14. .....
Tag this Judgment!Court : Karnataka
..... in south africa, the 2007 criminal law (sexual offences and related matters) amendment act ( sexual offences act ) provides, at s. ..... section 375 of the ipc came to be amended with effect from 10-05-2013 after introduction of criminal law amendment bill before the parliament, pursuant to the constitution of j.s.verma committee for suggesting amendments to criminal law. ..... to all the aforesaid submissions of the respective learned counsel for the respondents, the learned senior counsel for the petitioner would submit and accept that no doubt presumption under sections 29 and 30 of the posco act and their constitutionality has been considered and upheld in several judgments, but that would not mean that the 15 foundational facts need not be proved beyond all reasonable doubt.11. ..... (1) where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called dowry ..... thus a public servant who is charged of an offence under the provisions of the act may be charged by the special judge at the same trial of any offence under ipc if the same is 5 (2003) 8 scc62867 committed in a manner contemplated by section 220 of the code.14. .....
Tag this Judgment!Court : Karnataka
..... in south africa, the 2007 criminal law (sexual offences and related matters) amendment act ( sexual offences act ) provides, at s. ..... section 375 of the ipc came to be amended with effect from 10-05-2013 after introduction of criminal law amendment bill before the parliament, pursuant to the constitution of j.s.verma committee for suggesting amendments to criminal law. ..... to all the aforesaid submissions of the respective learned counsel for the respondents, the learned senior counsel for the petitioner would submit and accept that no doubt presumption under sections 29 and 30 of the posco act and their constitutionality has been considered and upheld in several judgments, but that would not mean that the 15 foundational facts need not be proved beyond all reasonable doubt.11. ..... (1) where the death of a woman is caused by any burns or bodily injury or occurs otherwise than under normal circumstances within seven years of her marriage and it is shown that soon before her death she was subjected to cruelty or harassment by her husband or any relative of her husband for, or in connection with, any demand for dowry, such death shall be called dowry ..... thus a public servant who is charged of an offence under the provisions of the act may be charged by the special judge at the same trial of any offence under ipc if the same is 5 (2003) 8 scc62867 committed in a manner contemplated by section 220 of the code.14. .....
Tag this Judgment!Court : Karnataka Dharwad
..... (1) notwithstanding that marriage marriage is null and void under section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the marriage laws (amendment) act, 1976 (68 of 1976), and whether or not a decree of nullity is granted in respect of that marriage under this act and whether or not the marriage is held to be void otherwise than on a petition under this act. ..... (3) nothing contained in sub-section (1) or sub-section (2) shall be construed as conferring upon any child of a marriage which is null and void or which is annulled by a decree of nullity under section 12, any rights in or to the property of any person, other than the parents, in any case where, but for the passing of this act, such child 13 would have been incapable of possessing or acquiring any such rights by reason of his not being the legitimate child of his parents.19. ..... section 11 of the hindu marriage act deals with void marriages and any marriage is solemnized in contravention of section 5 of the hindu marriage act, is a void marriage. ..... as such, as per section 16 of the hindu marriage act, legitimacy is confirmed on appellant no.1(b) and he will get a share in the share of the father along with other legal heirs left by the deceased. ..... however, section 16 of the hindu marriage act deals with legitimacy of children born out of the void and voidable marriages which reads thus: 16. .....
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