Court : Supreme Court of India
..... (19) in connection with the recruitment process of this post, in case any necessity arises for cancelling this advertisement or instruction for any reason, or to make amendment in the same, then, the complete right/authority shall be with the selection committee to do so, and for this the selection committee shall not be bound to give ..... that the order of the division bench of the high court of gujarat cannot be sustained in the eye of law, we are inclined to balance the equities and do justice by exercising our power under article 142 of the ..... (15) in case any necessity arises for cancelling this advertisement for any reason, or to make amendment in the same or to make addition or decrease in the numbers of posts, then, the department shall have complete right/authority to do so, and, for this it ..... the legislative intent is ascertained either by express provision or by necessary implication; if the amended rules are not retrospective in nature the selection must be regulated in accordance with the rules and orders which were in ..... of the selection committee dated 03.09.2015, providing for the consequence of non-filling of a post meant for a special category to be filled up with the other eligible candidates, was overturned without even bringing an amendment, that too unilaterally, after the declaration of the result.16. ..... publishing the selection list after the change is nothing but a ministerial act. ..... of a statutory prescription, unless it becomes contrary to either a rule or an act. .....
Tag this Judgment!Court : Supreme Court of India
..... contained to the contrary in articles 152 and 308 as well as any other article of the constitution or any other provision of the constitution of jammu and kashmir or any law, all the provisions of the constitution of india as amended from time to time shall apply to the state of jammu and 18 kashmir; (c) thus, in view of the 2019 presidential order and the said declaration, with effect from ..... successor union territory of jammu & kashmir into parliamentary constituencies, shall be carried by the delimitation commission, to be constituted under the delimitation act, 2002 as amended by this act, and shall take effect from such date as the central government may, by order, published in the official gazette, specify.63. ..... successor union territory of jammu & kashmir into assembly constituencies, shall be carried by the delimitation commission, to be constituted under the delimitation act, 2002 as amended by this act, and shall take effect from such date as the central government may, by order, published in the official gazette, specify. ..... section 62 of the j&k reorganisation act which is carrying out readjustment of parliamentary and legislative assembly constituencies, it was not necessary for the election commission to undertake the exercise under section 60 of the delimitation act; (f) article 3 specifically empowers parliament by law to form a new state/union territory and the said law referred to in article 3 must provide for the appropriate amendments to the first schedule and .....
Tag this Judgment!Court : Supreme Court of India
..... the 'limbu' and 'tamang' communities (earlier notified under 'central list of other backward classes ' in the year 1995) which got recognised and notified as the scheduled tribes in the year 2003 by the scheduled castes and scheduled tribes orders (amendment) act 2002; (c) the communities which got recognised and notified for inclusion in the 'central list of other backwards classes' in the year 1995, namely, 'bhujel', 'gurung', 'manger', 'kirat rai', ..... the indian foreign service (conduct and discipline) rules, 1961 which required a woman member in foreign service to obtain permission of the government in writing before her marriage and to resign if the government is satisfied that her family and domestic commitments are likely to come in the way of due and efficient discharge of her duties ..... that the disqualification placed on sikkimese women marrying non-sikkimese men after 1st april, 2008, was based on the customary laws of sikkim which provide that descent shall be through a woman s father and any privileges vested by virtue of such descent would continue until ..... under the said amendment, any law corresponding to the income tax act, 1961, which was in force in the ..... of either sex over members of the other, merely to accomplish the elimination of hearings on the merits, is to make the very kind of arbitrary legislative choice forbidden by the equal protection clause of the fourteenth amendment the choice in this context may not lawfully be mandated solely on the basis of sex. .....
Tag this Judgment!Court : Supreme Court of India
..... aspect, we wish to quote with profit the decision of this court in the case of ajoy kumar banerjee (supra), 38 .as mentioned hereinbefore if the scheme was held to be valid, then the question what is the general law and what is the special law and which law in case of conflict would prevail would have arisen and that would have necessitated the application of the principle generalia specialibus non derogant ..... entire process was done in tune with the 2015 rules and in exercise of the power conferred under the uttar pradesh subordinate services selection commission act, 2014 (hereinafter referred to as the 2014 act ), the reliance was made on the 1978 rules which has found favour with the high court ..... . the 1978 rules, governed the field until the 2016 amendment, which only came into force after the interviews in the impugned selection process, and as such, the 8 rules of the game cannot be changed once ..... . rule 15(4), which was left untouched by the subsequent amendment, enabled the selection committee to prepare the list of candidates in order of merit as disclosed by the marks ..... because the appellant sought to amend the 1978 rules subsequently in 2016, it cannot be presumed that the 1978 rules particularly with respect to rule 15 continue to exist in the statute book, considering the fact that the 2016 amendment 15 was only clarificatory ..... . we are concerned with two amendments by which the earlier group d posts were converted into group c posts, with the change in the .....
Tag this Judgment!Court : Supreme Court of India
..... of clause (4) to article 15 by the constitution (first amendment) act, 1951; moving on to the insertion of clause (4-a) to article 16 by the constitution (seventy-seventh amendment) act, 1995 to the insertion of clause (4-b) to article 16 by the constitution (eighty-first amendment) act, 2000 and further amendment of the said clause (4-a) by the constitution (eighty-fifth amendment) act, 2001; yet further with the insertion of clause (5) to article 15 by the constitution (ninety-third amendment) act, 2005; and lately with insertion of articles 366(26-c) ..... of carefully considering the lucid and erudite judgment delivered by my learned brother justice ravindra bhat taking the view that sections 2 and 3 resply of the constitution (one hundred and third amendment) act, 2019 which inserted clause (6) in article 15 and clause (6) in article 16 respectively are unconstitutional and void on the ground that they destroyed and are violative of the basic ..... by the constitution (eighty-sixth amendment) act, a new power was made available to the state under article 21-a of the constitution to make a law determining the manner in which it will provide free and compulsory education to the children of the age of six to fourteen years as this goal contemplated in the directive principles in article 45 before this constitutional amendment could not be achieved for ..... .: (2003) 4 scc399has pithily explained the principles in the following terms (of ..... kalpaz publications, new delhi (2003)].. .....
Tag this Judgment!Court : Supreme Court of India
..... estimate of the corporation s receipts and income for the next ensuing official year (i) arising from sales, leases and other dispositions of immovable property vesting in the corporation by reason of the enactment of the city of bombay municipal (amendment) act, 1933 or acquired by the corporation for any of the purposes of chapter xii a; and (ii) being payments of interest on and repayments in whole or part of the capital of loans granted by the corporation and secured on the aforesaid immovable ..... any residential or non residential building or portion thereof were on the basis of annual letting value arrived at considering the leave and licence 15 charges, by whatever name called, then for the purposes of the first proviso it shall be lawful for the commissioner to ascertain such tax leviable during such immediately preceding year, as if such building or portion thereof were self occupied and had been so entered in the assessment book: provided also that, ..... . before considering the challenge raised on various grounds, at the outset the high court dealt with the approach to be adopted by a court while dealing with the challenge to the validity of tax laws, and concluded that in case of taxing statute, more latitude would be required to be given to the legislature and that the burden on the petitioners challenging the validity 37 would be more onerous .....
Tag this Judgment!Court : Supreme Court of India
..... (2013) 14 scc64331 part e63 the legislature explicitly recognized this fact when it enacted the criminal law (amendment) act 2013 which inter alia amended the evidence act to insert section 53a. ..... lj1045 ) there is not even a rule of prudence which has hardened into a rule of law that a dying declaration cannot be acted upon unless it is corroborated. ..... is well settled that, as a matter of law, a dying declaration can be acted upon without corroboration. ..... sagar yadav,9 this court held that there is neither a rule of law nor a rule of prudence that a dying declaration cannot be acted upon unless it is corroborated: 13. ..... this is impermissible due to the interdict in section 60 of the evidence act, in terms of which any oral evidence which refers to an opinion must be the evidence of the person who holds that ..... (1) that it cannot be laid down as an absolute rule of law that a dying declaration cannot form the sole basis of conviction unless it is corroborated; (2) that each case must be determined on its own facts keeping in view the circumstances in which the dying declaration was made; (3) ..... in terms of section 53a of the evidence act, evidence of a victim s character or of her previous sexual experience with any person shall not be relevant to the issue of consent or the quality of consent, in prosecutions of sexual ..... court s conviction was based on its appreciation of the evidence on record as well as the position of the law, in the following terms: a. ..... shariff (2003) 2 scc473 bhagirath .....
Tag this Judgment!Court : Supreme Court of India
..... however, restored by the direct tax laws (amendment) act, 1989 with effect from 1 ..... the direct tax laws (amendment) act, 1987 deleted section ..... by the taxation laws (amendment) act, 1975, section 10 (23c) was brought into force for the first time, and by virtue of sub-clauses (iv) and (v), other funds and institutions established for charitable purposes ..... the andhra pradesh high court, by its detailed impugned judgment4, held that the appellant trusts which claimed benefit of exemption under section 10 (23c) of the it act were not created solely for the purpose of education, and that to determine that issue, the court had to consider the memorandum of association or the rules or ..... change the very concept of the intendment of the enactment by insisting on certain mandatory conditions to be fulfilled in order to make the enactment workable: (3) it may be so embedded in the act itself as to become an integral part of the enactment and thus acquire the tenor and colour of the substantive enactment itself; and (4) it may be used merely to act as an optional addenda to the enactment with the sole object of explaining the real intendment of the statutory provision.58. ..... emphasized that though there are several heads of charity and several kinds of organizations which are recognised by the it act, the statute underlines that those which claim to be educational institutions should have only the sole object of education, ..... 8 scc481: air2003sc355 islamic academy of education, (2003) 6 scc697. ..... 2003 .....
Tag this Judgment!Court : Supreme Court of India
..... new part in the constitution, inter alia, seeks to empower the parliament in respect of multi-state co-operative societies and the state legislatures in case of other co- operative societies to make appropriate law, laying down the following matters, namely:- (a) provisions for incorporation, regulation and winding up of co-operative societies based on the principles of democratic member-control, member- economic participation and autonomous ..... new part in the constitution, inter alia, seeks to empower the parliament in respect of multi-state co-operative societies and the state legislatures in case of other co- operative societies to make appropriate law, laying down the following matters, namely:- (a) provisions for incorporation, regulation and winding up of co-operative societies based on the principles of democratic member-control, member- economic participation and autonomous functioning ..... 2013, all laws on co-operative societies were bound to be restructured in consonance with the 97th amendment of the constitution of india and, in any case, any provision in the act or rules or bye-laws otherwise inconsistent ..... on 14.01.2003 the respondent no.1 herein filed a dispute case before the registrar of the co-operative societies, west bengal against the appellant society, inter alia, praying for the ..... on 14.01.2003 the respondent no.1 herein filed a dispute case before the registrar of the co-operative societies, west bengal against the appellant society, inter alia, praying for the .....
Tag this Judgment!Court : Supreme Court of India
..... when the law commission was carrying out this exercise, the parliament enacted the anti corruption laws (amendment) act, 1964 (act 40 of 1964 ..... with a view to making this position clear, sub section (14) was added to section 198b by the anti corruption laws (amendment) act, 1964. ..... is interesting to see that the 41st report of the law commission fails to note how section 198 b inserted by the amendment act of 1955 was worded and how it was changed in ..... the enactment of the amendment act xxvi of 1955 (by which section 198 b was inserted), coincided with the constitution of the law commission in august/september ..... in the meantime, the parliament enacted the code of criminal procedure (amendment) act, 1955, (act xxvi of 1955) which received the assent of the president on 10th august 1955 and was published in the gazette of india on 12th ..... we have seen in paragraph 14 above, the code of 1898 contained a provision in section 198, which mandated that the cognizance of offences relating to (i) breach of contract; (ii) defamation; and (iii) marriage, cannot be taken by any court except upon a complaint made by the aggrieved person. ..... the 41st report of the law commission recognized (as seen from paragraph 15.131) that section 198 of the code dealt with the issue of cognizance of three completely unconnected groups of offences namely, (i) offence relating to breach of contract to attend on or to supply demands to helpless persons; (ii) offences relating to marriage; and (iii) offence relating to .....
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