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Salitho Ores Pvt Ltd. and Others Vs. the CaptaIn of Ports CaptaIn of P ...

Court : Mumbai Goa

..... charged on ad valorem basis at the rate of 10% of sale price and, accordingly, recommendations were accepted since the iron ore prices were not linked to any international benchmark prices and rule 64d of the mcr was amended on 10/12/2009 and royalty for iron ore was also required to be calculated on the basis of average value of minerals as published by the ibm on national and state-wise basis, which was derived from the pit mouth value ..... of the state ministers of mining and geology held on 22/1/2003 and suitable changes in rule 64d were made accordingly vide gsr 329(e) dated 10/4/2003 and since then till the rule 64d was again amended on 10/12/2009, the average sale value of minerals, as published by the ibm, on national and state-wise basis, has been used for computation of royalty for such minerals for which royalty is chargeable on ad valorem basis ..... the grievance of the petitioners is that on 13/08/2009, notification was issued amending the second schedule to the mmdr act to prescribe royalty at 10% of sale price on ad-valorem basis in entry no.22 of the second ..... from the mere fact that it is not certain whether the preamble of the act gives any guidance for fixing the rate of excise duty, it cannot be said that the legislature has no control over the delegate; that requirement of laying of rules before the legislature is control over delegated ..... preamble of the mmdr act mentions that it is an act for the development and regulation of mines and minerals under the control of .....

Cwt Vs. D.S. Virawala Suragwala

Court : Gujarat

Reported in : [2002]122TAXMAN782(Guj)

..... the successor recognised prior to the commencement of the constitution (twenty-sixth amendment) act, 1971 was exempted from the net wealth of the assessee with a view to provide some relief to such recognised ruler or successor, as a transitional provision to enable such person to adjust progressively to the changed circumstances as indicated in the preamble of the rules of indian states (abolition of privileges) act, 1972, by which section 5(1)(iii) was amended.9.1 the grant of exemption to the palace from inclusion in the net ..... under article 363a(a), notwithstanding anything in the constitution or in any law for the time being in force, the prince, chief or other person who, at any time before the commencement of the constitution (twenty-sixth amendment) act, 1971, was recognised by the president as the ruler of an indian state or any person who, at any time before such commencement was recognised by the president as the successor of such ruler shall, on and from such ..... , and such assets shall not be included in the net wealth of the assessee(i) and (ii) ** ** **(iii) any one building in the occupation of a ruler, being a building which immediately before the commencement of the constitution (twenty-sixth amendment) act, 1971, was his official residence by virtue of a declaration by the central government under paragraph 13 of the merged states (taxation concessions) order, 1949, or paragraph 15 of the part 'b' states (taxation concessions) order, 1950;'8.1 section 2(p) of .....

Sri Sahasra Lingeshwara Temple, Rep. by Its Managing Trustee Sundaresh ...

Court : Karnataka

Reported in : 2007(1)KarLJ1

..... has been inserted in the preamble by reason of the constitution 42nd amendment act, 1976. ..... counsel, would further argue that the preamble of the act would read a better provision under the karnataka hindu religious institution and charitable endowments in the state of ..... however, the state would say in the written arguments that the object/principles of the act is to enact a new law in place of several local acts to bring about uniformity in the matter of various charitable and hindu religious institutions but not all the institution uniformly in ..... restrained ourselves from declaring the law as inapplicable to the district of south kanara from today but we would like to make it clear that if the karnataka legislature does not act promptly and remove the inequality arising out of the application of the madras act of 1951 to the district of south kanara only, the act will have to suffer a serious and successful challenge in the not distant future. ..... restrained ourselves from declaring the law as inapplicable to the district of south kanara from today but we would like to make it clear that if the karnataka legislature does not act promptly and remove the inequality arising out of the application of the madras act of 1951 to the district of south kanara only, the act will have to suffer a serious and successful challenge in the not distant future. ..... in fact, the preamble to the act itself would say that this act is to make better provision for the management and administration of hindu .....

The Director of Industries and Commerce, Government of Andhra Pradesh, ...

Court : Supreme Court of India

Reported in : AIR1973SC827; 1973LabIC434; (1972)IILLJ486SC; (1973)1SCC99; [1973]2SCR562; 1973(5)LC390(SC)

..... the constitution (seventh amendment) act, 1956, inter alia, substituted a new article 371 for the old, the relevant part of which reads as ..... , the constitution (seventh amendment) act, 1956, (1) [1970 ..... enacted, provided: "section 3 and all rules made thereunder shall cease to have effect on the expiration of five years from the commencement of this act, but such cesser shall not effect the validity of any appointment previously made in pursuance of the said rules. ..... appendix 'n' of the hyderabad civil service regulation was amended and an explanation was inserted, which reads : "explanation : the above mulki rules shall be read in conjunction with the clarifications contained in the following circular letters and notification issued by the government of ..... the preamble reads : "an act to make in pursuance of clause (3) of article 16 of the constitution special provisions for requirement as to residence in regard to certain clauses of public employment in certain areas and to repeal existing laws prescribing ..... of the legislation, its object, title and the preamble to it, point to that conclusion. ..... these words is not only to continue 'he impugned rules but to continue them until parliament repeals, amends or alters them. ..... or repealed or amended the impugned rules ..... that parliament had made up its mind that rules requiring residence as qualification for appointment to services or offices shall continue because the public employment act enables the central government to make such rule s. .....

Foreshore Co-Op.Hng.Society Ltd. Vs. Praveen D Desai (D) Thr.Lrs. and ...

Court : Supreme Court of India

..... the moot question, therefore, that falls for consideration is as to whether courts shall be guided by the provisions of order xiv rule 2 of the code of civil procedure or section 9a of the code as amended by maharashtra amendment act, in the matter of deciding the objection with regard to jurisdiction of the court which concerns the bar of limitation as a preliminary issue.36. ..... thus, with the intention to put the aforesaid practice to rest, the state legislature introduced section 9a by the amendment act of 1969 requiring the court to decide the issue of jurisdiction at the time of granting or vacating the interim relief. ..... section 97 of the amendment act of 1976 inter alia provided that any amendment made in the code by the state legislature before commencement of the amendment act of 1976 shall, except insofar as they are consistent with the code as amended by the amendment act, 1976 shall stand repealed. ..... after section 9a of maharashtra amendment act stood repealed by section 97 of the cpc amendment act of 1976 being inconsistent with the code, the state legislature of maharashtra felt that certain amendments made by the earlier state amendment acts were useful and required to be continued. ..... the following notes on clauses explain the purposes of these clauses:- preamble - it gives the background and main reasons for the proposed legislation. .....

The State of Gujarat and anr. Vs. Shri Ambica Mills Ltd., Ahmedabad an ...

Court : Supreme Court of India

Reported in : AIR1974SC1300; [1974(29)FLR97]; 1974LabIC841; (1974)4SCC656; [1974]3SCR760

..... a writ petition in the high court of gujarat, in that petition it impugned the provisions of sections 3, 6a and 7 of the bombay labour welfare fund act, 1953 (hereinafter referred to as (the act) and section 13 of the bombay labour welfare fund (gujarat extension and amendment) act, 1961 (hereinafter referred to as the first amendment act) and rules 3 and 4 of the bombay labour welfare fund rules, 1953 (hereinafter referred to as the rules) as unconstitutional and prayed for the issue of a writ in ..... the preamble to the first amendment act recites that 'it is expedient to constitute a fund for the financing of activities to promote welfare of labour in the state of gujarat, for conducting such activities and for certain other ..... of gujarat thereafter enacted to first amendment act making various amendments in the act, some of them with retrospective effect ..... and berar motor vehicles (amendment) act, 1947, amended section 43 of the motor vehicles act, 1939, by introducing provisions which authorized the provincial government to take up the entire motor transport business in the province and run it in competition with and even to the exclusion of motor ..... pendency of the writ petition before the high court, the gujarat legislature passed the bombay labour welfare fund (gujarat amendment) act, 1962 on february 5, 1963 (hereinafter referred to as the second amendment act) introducing sub-section (13) in section 6a with retrospective effect from the date of commencement of the act. .....

Abu Bakar and Anr. Vs. District Handloom Weavers' Co-operative Society ...

Court : Allahabad

Reported in : AIR1966All12

..... of peaceful conditions in the tribal areas, or to promote feelings of enmity and hatred between different classes of his majesty's subjects: *** (x) the apprehension and detention in custody of any person reasonably suspected of being of hostile origin or of having acted, acting or being about to act, in a manner prejudicial to the public safety or interest or to the defence of british india, the prohibition of such person from entering or residing or remaining in any area, and the compelling of such person to reside and remain in any ..... their lordships of the privy council were considering section 2 of the defence of india (amendment) act, 1940 and the rules framed thereunder. ..... members or past members of the society or persons claiming through a member or past member or between a member or past member or persons so claiming and the committee of any officer' was necessary for carrying out the purposes of the act, there appears to be no reason tor holding that a rule providing for reference to arbitration of a dispute between the society or its committee and any officer of the society is extraneous to the purposes of the ..... the relevant portions of section 2 of the defence of india (amendment) act, 1940 are as follows:--'2. ..... the preamble of the act says that the act is enacted as it was expedient further to facilitate the formation of the co-operative societies for the promotion of thrift and self help among agriculturists, artisans and persons of limited means. .....

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... part iii in general and article 13(2) in particular;(v) that for abridging or taking away fundamental rights, a constituent body will have to be convoked; and(vi) that, the two impugned acts, namely, the punjab security of land tenures act, 1953 (x of 1953) and the mysore land reforms act, 1961 (x of 1962) as amended by act xiv of 1965 are valid under the constitution not because they are included in schedule 9 of the constitution but because they are protected by article 31-a, and ..... iii in general and article 13(2) in particular;(v) that for abridging or taking away fundamental rights, a constituent body will have to be convoked; and(vi) that the two impugned acts, namely, the punjab security of land tenures act, 1,953 (x of 1953) and the mysore land reforms act, 1961 (x of 1962) as amended by act xiv of 1965 are valid under the constitution not because they are included in schedule 9 of the constitution but because they are protected by article 31-a, and the ..... the question is, admitting this principle, how far does the constitution act operate as a limitation upon the amending power it has been suggested that any amendment which would be inconsistent with the preamble of the act referring to the 'indissoluble' character and the sections which refer to the "federal" nature of the constitution, would be invalid. ..... sir owen dixon in australian railways union v. ..... ii, p. .....

Janhit Abhiyan Vs. Union Of India

Court : Supreme Court of India

..... . starting from the insertion 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) and 342-a by the ..... the adverse effects of abject poverty illiteracy, marginal income, little or no access to basic amenities such as shelter, hygiene, nutrition, or crucially, education (which has transformational value) are given a modicum of access to achieve basic goals which the preamble assures, and part iv provisions directs the state to achieve, therefore, is another dimension which parliament thought appropriate to achieve, while introducing the economic ..... reservation in favour of ews under the right of children to free and compulsory education act, 2009, which was further affirmed the by 5-judge bench in pramati educational and cultural trust (registered) and ors. ..... j.88. ....all that we need say is that the railway board shall take care to issue instructions to see that in no year shall sc & st candidates be actually appointed to substantially more than 50 per 139 cent of the .....

S.R. Bommai and Others Etc. Etc. Vs. Union of India and Others Etc. Et ...

Court : Supreme Court of India

Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644

..... the constitution was amended more than 77 times and article 356 itself was amended six times through the constitution section 38th amendment act; 42nd amendment act: 44th amendment act; 59th amendment act; 64th amendment act and 68th amendment act. ..... it was made explicit by amending the preamble of the constitution 42nd amendment act. ..... (4) where in carrying out any direction given to a state under clause (2) as to the construction or maintenance of any means of communication or under clause (3) as to the measures to be taken for protection of any railway, costs have been incurred in excess of those which would have been incurred in the discharge of the normal duties of the state if such directions had not be given, there shall be paid by the government of india to the ..... if a direction issued under article 257(3) was failed to be complied with by the state to protect the railways, it would be another instance envisaged under article 365. ..... similarly protection of the railways within the state is of paramount importance. ..... (3) the executive power of the union shall also extend to the giving of directions to a state as to the measures to be taken for the protection or the railways within the state. ..... of the union also extends to giving such directions to a state as may appear to the government of india to be necessary for those purposes and as to the construction, maintenance of means of communication declared to be of national or military importance and for protection of railways. .....