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Mohd. Akbar Etc. Etc. Vs. State of Chhattisgarh and anr.

Court : Chhattisgarh

Reported in : AIR2007Chh39; 2007(2)MPHT1

..... shall hold elections as early as possible. the ordinance was subsequently replaced by chhattisgarh co-operative societies (amendment) act 2004 (hereinafter referred to as the amendment act). constitutional validity of this ordinance as also the amendment act is under challenge in these writ petitions. all these petitions have been heard together and are being decided ..... provisions have been declared as ultra vires mainly on the two contentions. firstly on the comparison with the earlier provisions in force prior to substitution by amendment act no. 14 of 1990, which provides a provision that 'if the outgoing committee of the society has resolved and requested the registrar to hold election ..... for removal of doubt it is hereby declared that the term of the committee continuing in office at the commencement of the madhya pradesh cooperative societies (amendment) act, 1990 by virtue of the first proviso to sub-section (8) as it stood immediately before such commencement, shall come to an end.(10 .....

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

Court : Supreme Court of India

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

..... therefore, if it takes away or abridges the rights conferred by part iii thereof, it is void.(3) the constitution (first amendment) act, 1951 constitution (fourth amendment) act, 1955, and the constitution (seventeenth amendment) act, 1964, abridge the scope of the fundamental rights. but, on the basis of earlier decisions of this court, they were ..... therefore, if it takes away or abridges the rights conferred by part iii thereof, it is void.(3) the constitution (first amendment) act, 1951, constitution (fourth amendment) act, 1955, and the constitution (seventeenth amendment) act, 1964, abridge the scope of the fundamental rights. but, on the basis of earlier decisions of this court, they were ..... manner in which they can pass an act enabling a company to make a new railway from oxford to london. 1294. as already pointed out what distinguishes a 'rigid' constitution from a 'flexible' constitution is that it requries a special procedure for its amendment. it cannot be legally changed with the .....

Maha Ganapati Shankara Devasthana, Sirsi and Others Vs. State of Karna ...

Court : Karnataka Dharwad

..... it was pointed out by the learned senior advocate, shri m.n. rao appearing for the state that section 25 of the principal act as amended by the 2011 amendment act was no longer on the statute book, an application was filed in the petition in wp 64805 868 of 2011, seeking to include an ..... a religious denomination within the meaning of article 26 of constitution of india and accordingly to declare that karnataka hindu religious institutions and charitable endowments (amendment) act 2011 (karnataka act 27 of 2011) and rules 2002, can have no application to hindus and their right to establish, manage and administer their own religious charitable ..... 2011, wp 72157/2012 and wp 80796-80822/2013 and wp 65648/2011:- a) to declare that the karnataka hindu religious institutions and charitable endowments (amendment) act 2011 (karnataka act no. 27 of 2011) as discriminatory, violative of constitutional rights, unconstitutional and strike down the same in its entirety; b) alternatively, to declare .....

Mahaganapati Shankara Devasthana Vs. State of Karnataka

Court : Karnataka Dharwad

..... denomination within the meaning of article 26 of constitution of india and accordingly to declare that karnataka hindu religious institutions and charitable endowments (amendment) act 2011 (karnataka act 27 of 2011) and rules 2002, can have no application to hindus and their right to establish, manage and administer their ..... wp84805 868/2011, wp721572012 and wp8079680822/2013 and wp656482011:- 48 a) to declare that the karnataka hindu religious institutions and charitable endowments (amendment) act 2011 (karnataka act no.27 of 2011) as discriminatory, violative of constitutional rights, unconstitutional and strike down the same in its entirety; b) alternatively, to ..... filed under articles 226 and 227 of the constitution of india praying to declare that the karnataka hindu religious institutions and charitable endowments (amendment) act, 2011 (karnataka act no.27 of 2011) as discriminatory, violative of constitutional rights, unconstitutional and strike down the same in its entirety and etc; .....

Mohammed Khan Vs. Government of Andhra Pradesh and Others

Court : Andhra Pradesh

Reported in : AIR1991AP213; 1991(1)ALT644

..... of payment of tax. a further requirement has now been introduced that the person paying tax should also produce a certificate of registration under the motor transport workers act, 1961. the impugned amendment is in the interests of public in general and the motor workers and is not illegal or unconstitutional.3. sri s. l. chennakesava rao, learned counsel for ..... 30-3-1988 states that it is necessary for the person to further produce a certificate of registration under the motor transport workers act, 1961. the amendment made under s. 16(1) of the a. p. motor vehicles taxation act, 1963 reads as follows :'in rule 13-a of the said rules, wherever the words 'certificate of registration and the valid ..... place and the safe use of that vehicle. if so, we are of the view that the purpose of the amended rule 13-a does not travel beyond and go counter to the purposes of the taxation act.11. it is then argued for the petitioners that in all cases the owners of the vehicles are themselves driving their .....

Sri. K. Srinivas S/O. Rama Swamy and ors. Etc. Etc. Vs. the Government ...

Court : Andhra Pradesh

Reported in : 2008(3)ALD241; 2008(4)ALT53

..... a tax on motor vehicles used or kept for use in a public place, is regulatory and compensatory.15. section 3-a, as inserted by a.p. amendment act 33 of 2006 and which is deemed to have come into force with effect from 1st june, 2002, reads thus:3-a(1) notwithstanding anything contained in section ..... as contract carriages in the state of andhra pradesh, have questioned the vires of section 3-a of the andhra pradesh motor vehicles taxation act, as inserted by the andhra pradesh motor vehicles taxation (amendment) act, 2006 (act 33 of 2006), and the notification issued in g.o.ms. no. 180, transport, roads 85 buildings (tr.i) department ..... would have included the subject-matter of the proviso. s. sundaram pillai : [1985]2scr643 , ishverlal thakorelal almaula v. motibhai nagjibhai : [1966]1scr367 madras and southern mahrata railway co. ltd. v. bezwada municipality . the proviso qualifies section 3-a(1) and limits the additional tax which can be levied therein to the difference between the tax .....

Major E.G. Barsay Vs. the State

Court : Mumbai

Reported in : (1958)60BOMLR159

..... . amin on behalf of the state in the first instance attempted to counter this argument by relyng on the provisions of the criminal law amendment act, 1952. according to mr. amin, this act amended the indian penal code and the code of criminal procedure and provided for a more speedy trial of certain offences, the offences being enumerated ..... , however, it is not necessary to have recourse to the principle and cases relied upon by mr, purshottam, because though under section 7 of the criminal law amendment act offences falling within the purview of section 6(1) will be triable by special judges only, that, in our opinion, would not affect the jurisdiction of the ..... before the special judge, of public servants and persons who are not public servants, provided the offences fell within the ambit of the provisions of the criminal law amendment act, 1952. in the above case it appears that there were three appeals before their lordships of the supreme court and in one appeal, namely, appeal. no. .....

Fateh Lal Vs. Sunder Lal

Court : Rajasthan

Reported in : AIR1980Raj220; 1980()WLN188

..... the provisions of order 37, rule 3 c.p.c. as they stood prior to the enactment of the code of civil procedure (amendment) act, 1976 hereinafter referred to as the amendment act, and that by the amendment act, the provisions of rule 3 of order 37 have been completely changed and that the principles laid down by the supreme court are not ..... and inexpedient to lay down any rule of general application'.10. the provisions of rule 3 of order 37 of the civil p.c. have been substituted by the amendment act by the following provisions, --3. procedure for the appearance of defendant --(1) in a suit to which this order applies, the plaintiff shall, together with the summons ..... in which it has been judicially interpreted unless a contrary intention appears. it should therefore, be assumed that parliament in enacting rule 3 of order 37 by the amendment act, intended the said provisions to have the same meaning as was given to the provisions of rule 3, as were applicable in bombay, by the supreme court in .....

Jairamdas Vs. Regional Transport and ors.

Court : Rajasthan

Reported in : AIR1957Raj312

..... an order and, in any case, such an order would certainly be open to revision by the state transport authority under section 64a which has been introduced by the amendment act of 1958.to sum up, i would maintain that on the interpretation, which i have felt pervaded to accept, of section 64 (b) read with section 48 ..... was ready, learned counsel for the petitioner has mode an application in which he has submitted that section 48 of the motor vehicles act has been amended by the motor vehicles (amendment) act (no. 100) of 1956.--this act having come into force on the 16th february, 1957--whareby clause (d) (iia) of section 48 has been removed from its ..... . condition no. (iia) therein is that the stage carriage or such carriages shall be used only on specified routes or in specified area.this amendment was introduced by section 2 of the motor vehicles (amendment) act, (no. xxvi) of 1940. any variation, therefore, in the route or area is undoubtedly a change in the conditions of the permit. .....

Rajalakshmi Genguswamy Matriculation School Vs. Regional Transport Aut ...

Court : Chennai

Reported in : AIR2008Mad178

..... without insisting on payment of tax on seating capacity. the petitioner has paid the entire tax as per the pre-revised tax. since the relevant provisions under the amendment act in respect of enhanced taxes to the vehicles owned by the educational institutions has been stayed by this court, the petitioner is not liable to pay the increased tax ..... the tax either from the transferor or from the transferee, who is having possession and control of the vehicle and in view of the interim stay of the amendment act 13 of 2003, the petitioner is not liable to pay the enhanced tax and rule 204 of the tamil nadu motor vehicles rules, is not applicable to the ..... 10-2006. admittedly, the vehicle owned by the school is a transport vehicle, falling under section 2(47) of the motor vehicles act, 1988. the division bench of this court has upheld the validity of amendment act 13 of 2003 and therefore, the petitioner has to pay the differential tax applicable to the educational institution.7. rule 204 of .....