Court : Supreme Court of India
Reported in : 1996VIAD(SC)389; AIR1996SC3484; JT1996(7)SC214; 1996(5)SCALE779
..... to. by an order dated 1st september, 1957 the deputy commissioner fixed the basic annual sum at rs. 2,815/-. after the coming into force of the amendment act 33 of 69, which inter alia inserted section 21-a providing for review of the orders determining the basic annual sum, the respondent filed a revision which ..... upon by the high court. similarly we do not express any opinion upon the effect and validity of the mysore (religious and charitable) inams abolition karnataka amendment act, 1995 being karnataka act 29 of 1995. the said questions may be gone into in an appropriate case. 6. the appeals are accordingly dismissed subject to the above observations. no ..... last-mentioned during the pendency of this matter in this court). the high court has dealt with both the amendment acts viz., act 26 of 79 and act 24 of 84 and has made certain declarations and directions. the 1995 (amendment) act, of course, was enacted and came into force after the impugned judgment was delivered by the high court. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1329; [1964]52ITR583(SC); 1964MhLJ491(SC); [1964]6SCR857
..... made under r. 17 of the tax rules; but that in our opinion would not conclude the matter, for if the government had the power to make amendments under act 1 of 1948, the amendments in the rules could be justified under that power in spite of the wrong words used in the opening part of the notification of december 28, 1949. ..... the continuance of the existing laws of any covenanting states or of any state which merged in the state of madhya bharat until repealed or amended under the provisions of the act. section 5 of the act provided that the government may by notification published in the government gazette make regulations for the peace and good government of all the territories ..... territories which had been included in the state of madhya bharat or which may be included in it under the provisions of s. 3 of the act. it also provided for the repeal or amendment by regulation of any law already in force in any state before its administration was taken over or before it was, as the case may .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2008(56)BLJR992; [2008(116)FLR552]; [2008(1)JCR203(SC)]; JT2008(1)SC630; (2008)1MLJ1202(SC); 2008(1)SCALE250; (2008)3SCC80; 2008(1)LC255(SC)
..... was the main reason for arriving at a different result.8. in fact, by virtue of this ratio laid down the constitution bench, 85th amendment was necessitated which came by the amendment act of 2001 and it was made retrospective with effect from 17.6.1995. in case of ajit singh ii, all earlier cases were considered by ..... which in the opinion of the state are not adequately represented in the services under the state.7. as a result of this subsequent amendment which came into force by the constitution (85th amendment) act, 2001 with effect from 17.6.1995, the candidates who have been given promotion against reserved category could possibly claim a consequential seniority. ..... , 2002, and this came into force by the notification issued on 13.5.2002 by the state government. by amending act of 1994, sub-section 5-a was inserted in section 5 of the main act of 1994 enabling the state government to provide for consequential seniority in favour of scheduled castes and scheduled tribes by framing .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC2832; 2006(6)ALD29(SC); 2006(5)ALT52(SC); 2006(3)AWC2939(SC); 2006(6)BomCR710; [2006(4)JCR186(SC)]; JT2006(7)SC139; 2006(3)KLT953(SC); 2006(5)MhLj634; 2006(II)OLR; (2006)6SCC498
..... from permitting an amendment to be allowed in the pleadings either of the parties, if at the time of filing an application for ..... would also be necessary to keep in mind that the court shall allow amendment of pleadings if it finds that delay in disposal of suit can be avoided and that the suit can be disposed of expeditiously. by the code of civil procedure (amendment) act, 2002 a proviso has been added to order 6 rule 17 which restricts the courts ..... the proper administration of justice and it is, therefore, essential that they should be made to serve and be subordinate to that purpose, so that full powers of amendment must be enjoyed and should always be liberally exercised, but nonetheless no power has yet been given to enable one distinct cause of action to be substituted for another, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC2879; [2006(110)FLR1146]; JT2006(7)SC274; 2006(7)SCALE593; (2006)6SCC704; 2007(1)SLJ293(SC)
..... in the first proviso to sub-rule (2a), for the words 'state government concerned', the words 'central government' shall be substituted.in view of the said amendment, thus, an offer of retirement made by a member of service requires acceptance by the central government and not by the state government. the materials on records, as ..... circumstances, the expression, 'approval' would mean to accept as good or sufficient for the purpose of intent. ratification is noun, of the verb 'ratify'. it means the act of ratifying, confirmation, and sanction. the expression 'ratify' means to approve and accept formally. it means to conform, by expressing consent, approval or formal sanction. 'approve' ..... appointed as a member of the indian police service on 16.7.1975. indisputably, the conditions of services are governed by the provisions of the all india services act, 1951 and the rules and regulations framed there under. he belonged to joint cadre of assam & meghalaya. it is not in dispute that by a notice .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC710; 1982CriLJ340; 1981(4)SCALE1904; (1982)1SCC271; [1982]2SCR272
..... the central government, may, by notification in the official gazette, appoint,' and that 'different dates may be appointed for different provisions of this act'. section 3 of the amendment act substitutes a new clause for the existing clause (4) of article 22 of the constitution which provides inter alia for the constitution of advisory ..... the central government may fail to implement its constituent will. we hope that the central government will, without further delay, bring section 3 of the 44th amendment act into force. that section, be it remembered, affords to the detenu an assurance that his case will be considered fairly and objectively by an impartial tribunal. ..... from time to time depending upon the circumstances existing at any given time. there are, undoubtedly, some services like water, electricity post and telegraph, hospitals, railways, ports, roads and air transport which are essential to the community at all times but, people have to be forewarned if new categories are to be .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1971SC733; 37(1971)CLT233(SC); (1971)3SCC153
..... articles 14, 15 and 19(1) of the constitution, for a declaration that the 'revised policy' as enjoined by the said orissa kendu leaves (control of trade) amendment act, 1969 and rules framed is arbitrary, discriminatory and mala fide and for a writ or direction in the nature of a mandamus quashing the appointment of respondents 2 to 108 ..... divisional forest officer from moving the kendu leaves to places outside the unit.12. we are not satisfied that there can be any legitimate grievance against the amendment of the act and the promulgation of new rules set forth above. they all appear to be necessary to enable the government to control the business in kendu leaves effectively. ..... and forms i and j which applied to the cases of additional agents and additional purchasers.11. it was submitted that the scheme as envisaged after the amendment of the act in 1969 was not really in aid of establishing a state monopoly and it left loopholes for patronage by the party in power in government of their .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1981)2SCC362; [1981]2SCR1
..... like items 17, 18, 19 which relate to insurance, railways and industries. but almost all other items would fall within the purview of article 31a(1)(a). in fact, items 65 and 66, which were inserted by the 29th amendment, are the kerala land reforms (amendment) acts of 1969 and 1971 respectively, which were specifically challenged in ..... now is to the constitutionality of articles 31a, 31b and the unamended article 31c of the constitution. the various grounds of challenge to the principal act and the amending acts were met on behalf of the respondents by relying on the provisions of these articles which throw a protective cloak around laws of a certain ..... and wasteful litigation and place these laws above challenge in the courts, articles 31a and 31b and the ninth schedule were enacted by the constitution (first amendment) act. subsequent judicial decisions interpreting articles 14, 19 and 31 have raised serious difficulties in the way of the union and the states putting through other .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1990SC1106; JT1990(2)SC145; 1990LabIC890; 1990(1)SCALE492; 1990Supp(1)SCC577; [1990]1SCR994; 1991(2)SLJ174(SC); (1990)1UPLBEC571
..... .35. we are not impressed by this contention. in the first in-stance, the presumption underlying this contention is that the provisions of the act prior to its amendment by the amending act of 1987 did not permit such classification, which presumption is patently incorrect. while the provisions of sub-section (1) of section 117 prior to ..... power to the government to appoint, and/or to sanction their appointments, as the case may be, under the unamended provisions of the act, it can hardy be argued that the amending act was passd mala fide to destroy the cause of action in the present petitions. this is apart from the fact that no legislation ..... validity of section 117 of the income tax act, 1961 before its amendment by the direct tax laws (amendment) act, 1987. after the amendment of the said section by the amending act of 1987, they have amended their petition and have challenged not only the amended provision of the said section but also the amendment made to section 116, 118 and 120, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1114; 1992(3)SCALE315; (1993)1SCC345; [1992]Supp3SCR324
..... circumscribed by appropriate entries in the lists of the seventh schedule and the fundamental rights set forth in part iii of the constitution. section 4 of the amending act being within the legislative competence of parliament, the provisions thereof are binding on all courts of law notwithstanding judgments, orders or decrees to the contrary rendered ..... been substituted for the original section with retrospective effect. the law on the subject makes it clear that to give retrospective effect to the amended provisions it is enough if the amending act states that the said provisions will always be deemed to have been incorporated in the original provisions with retrospective effect from a particular date ..... is bad if the invalidity has already been pronounced upon by a court of law.(ii) the absence of a provision in the amending act to give retrospective operation to section 3 of the act does not affect the validity of section 4. it was open to parliament to adopt either course e.g., (a) to .....
Tag this Judgment!