Court : Supreme Court of India
..... the 1993 amendment which increased the statutory enrolment fee to its present form indicates that parliament has been conscious of the need to increase the enrolment fee as and when required and is the only competent ..... conferring such powers, the legislation has to specifically law down the policy, principles, and standards that will guide the subordinate authority.68 the legislative policy can be determined from the preamble and the provisions of an enactment.69 the delegate derives its ..... the unamended section 22a of the airports authority of india act 199477 empowered the aai, after the previous approval of the central government, to levy development fees on embarking passengers at the ..... the sbcs justify charging the miscellaneous fees for the following reasons: (i) the miscellaneous fees are one-time fees paid by the advocates to the bar councils; (ii) the fees are charged as a one-time lump sum because advocates do not pay the fees periodically after their enrolment; (iii) the sbcs 56 resolution no.32 of 2013, gazette notification dated 28 june 2013 ..... the bci may prescribe rules providing for the conditions subject to which an advocate may be entitled to vote at bar council elections, qualifications for membership of bar councils and disqualification for such membership, minimum qualifications required for admission to a course for ..... the exorbitant enrolment fees prevent law graduates belonging to economically weaker sections of society from getting admitted to the rolls of the .....
Tag this Judgment!Court : Supreme Court of India
..... this section has been brought to the statute-book in consonance with the preamble of the act, which says for the prevention of, and for coping with, terrorist and disruptive activities and for matters connected therewith or ..... statement was made complying with all the procedural essentials as provided for by the tada act and the rules it can be a valid ground for the conviction when corroborated with the confessional statement of the other four accused, namely, a-1, a-2, a- 3 and a-20 respectively which have been made prior to the amendment of the act . ..... while section 12 of the probation of offenders act states that a person found guilty of an offence and dealt with under section 3 or 4 of the probation of offenders act, shall not suffer disqualification, if any, attached to the conviction of an offence ..... of punjab, (1994) 3 scc 569.the central and state government set up a review committee in order to individually review the cases of the accused persons involved in the bombay bomb blasts case to consider whether or not the provisions of tada are applicable against individual accused persons and whether or not any of the accused persons ought to be entitled to ..... 12 itself shows that parliament envisaged a situation in which a person tried under the tada act of any offence may ultimately be found to have committed any other offence punishable under any other law and in that situation, the designated court is empowered to punish the accused for the offence under such other ..... 21 2013. .....
Tag this Judgment!Court : Supreme Court of India
..... nariman, namely, that since the constitution (99th amendment) act, was brought into force, consequent upon the notification issued by the central government in the official gazette on 13.4.2015, the consideration of the njac bill and the passing of the njac act, prior to the coming into force of the constitution (99th amendment) act, would render it null and void, the learned attorney general invited our attention to article 118, which authorizes, each house of parliament, to make rules for regulating their procedure, in the matter of conducting their business. ..... based on the historical background, the preamble, the entire scheme of the constitution, and other relevant provisions thereof, including article 368, it was submitted that it could be inferred, that the supremacy of the constitution, the republican and democratic form of government, sovereignty of the country, the secular and federal character of the constitution, the demarcation of powers between the legislature, the executive and the judiciary, the dignity of the individual secured through the fundamental rights, and the mandate to build a welfare state (contained in parts iii and iv), and the unity and the integrity of the nation .....
Tag this Judgment!Court : Supreme Court of India
..... (3) the decision of the president on a petition submitted by any person under sub-section (2) of section 8a in respect of any disqualification for being chosen as, and for being, a member of either house of parliament or of the legislative assembly or legislative council of a state shall, so far as may be, apply in respect of the disqualification for voting at any election incurred by him under clause (b) of sub-section (1) of section 11a of this act as it stood immediately before the commencement of the election laws (amendment) act, 1975 (40 of 1975), as if such decision were a decision in respect of the said disqualification for ..... such amendments are in consonance with the appointment process in lokpal and lokayuktas act, 2013, the right to information act, 2005 and the central vigilance commission act, ..... democracy is meaningful only if the sublime goals enshrined in the preamble to the constitution receive the undivided attention of the rulers, namely, social, political and ..... like section 482 of the criminal procedure code conferring express power on this court to quash or set aside any criminal proceedings pending before a criminal court to prevent abuse of process of the court, but this court has power to quash any such proceedings in exercise of its plenary and residuary power under article 136 of the constitution, if on the admitted facts no charge is made out against the accused or if the proceedings are initiated on concocted facts, or if the proceedings are initiated for .....
Tag this Judgment!Court : Supreme Court of India
..... . a contract with the chief commissioner would, therefore, under section 9 read with section 3(8) of the general clauses act, be a contract with the central government, and would operate as a disqualification for election to either house of parliament under sections 7(d) and 9 of act 43 of 1951, and it would be a disqualification under section 17 of act 49 of 1951, for election to the legislative assembly of the state ..... . the insertion of the word secular into the preamble of the constitution, by the 42nd amendment, did not redefine the constitution s identity ..... legislative assembly, then, in either case, the law made by parliament, or, as the case may be, such earlier law, shall prevail and the law made by the legislative assembly shall, to the extent of the repugnancy, be void : provided that if any such law made by the legislative assembly has been reserved for the consideration of the president and has received his assent, such law shall prevail in the national capital territory : provided further that nothing in this sub-clause shall prevent parliament from enacting at any ..... . surinder s81, observed: "the unamended article 239 envisaged administration of the states specified in part c of the first schedule of the constitution by the president through a chief commissioner or a lieutenant governor to be appointed by him or 81 (2013) 1 scc403140 through the government of a neighbouring state .....
Tag this Judgment!Court : Supreme Court of India
..... of parliament or house of the state legislature becomes disqualified by or under any law made by parliament under articles 102(1)(e) and 191(1)(e) of the constitution, his seat automatically falls vacant by virtue of articles 101(3)(a) and 190(3)(a) of the constitution and parliament cannot make a provision as in sub-section (4) of section 8 of the act to defer the date on which the disqualification of a sitting member will have effect and prevent his seat becoming vacant on account of the disqualification under article ..... the preamble the fundamental importance of the freedom of the individual, indeed its inalienability, and the importance of the economic, social and political justice mentioned in the preamble, the importance of directive principles, the non-inclusion in article 368 of provisions like articles 52, 53 and various other provisions to [pic].which reference has already been made an irresistible conclusion emerges that it was not the intention to use the word amendment in the ..... (2013) 7 scc653notwithstanding anything in sub-section (1), sub-section (2) or sub- section (3) a disqualification under either sub-section shall not, in the case of a person who on the date of the conviction is a member of parliament or the legislature of a state, take effect until three months have elapsed from that date or, if within that period an appeal or application for revision is brought in respect of the conviction or the sentence, until that appeal or application is disposed of by .....
Tag this Judgment!Court : Supreme Court of India
..... cases where the land acquisition process shall be deemed to have lapsed; (ii) cases where the landholders are entitled to compensation in accordance (2015) 3 scc54152 53 land acquisition rehabilitation and resettlement bill 2011 introduced in lok sabha on 05.07.2011; right to fair compensation and transparency in land acquisition rehabilitation and resettlement bill, 2013 as passed by the lok sabha on 29.08.2013 and the right to fair compensation and transparency in land acquisition rehabilitation and resettlement act 2013 (as passed by both houses of parliament on 05.09.2013). ..... section 5(2) which lays down that the disqualification as to the holding of an office or an employment under the temple shall not apply to the goswami and the disqualification about the religion will not apply to the collector; that is to say, a collector will be a member of the board even though he may not be a hindu and a follower of the denomination ..... " "the true way", according to lord brougham is, "to take the words as the legislature have given them, and to take the meaning which the words given naturally imply, unless where the construction of those words is, either by the preamble or by the context of the words in question, controlled or alter "; and in the ..... t.p. kunhaliumma, (1976) 4 scc634 it may be seen that under the central act sans the karnataka amendment, there was no right to approach the principal civil court of original jurisdiction to compel a reference, and no time-limit was also .....
Tag this Judgment!Court : Supreme Court of India
..... the code seeks to provide for amendments in the indian partnership act, 1932, the central excise act, 1944, customs act, 1962, the income tax act, 1961, the recovery of debts due to banks and financial institutions act, 1993, the finance act, 1994, the securitisation and reconstruction of financial assets and enforcement of security interest act, 2002, the sick industrial companies (special provisions) repeal act, 2003, the payment and settlement systems act, 2007, the limited liability partnership act, 2008, and the companies act, 2013.5. ..... contained in any law enacted by the parliament or any state legislature for the time being in force, the proceeds from the sale of the liquidation assets shall be distributed in the following order of priority and within such period and in such manner as may be specified, namely (a) the insolvency resolution process costs and the liquidation costs paid in full; (b) the following debts which shall rank equally between and among the following the preceding (i) workmen's dues for the period of twenty- four months preceding liquidation ..... the committee set up by the government to oversee the working of the code has, in its report of march 2018, also considered this aspect of the matter and has opined as follows: 14.8 in regards to the disqualification under clause (c) for having an npa account, it was also stated to the committee that the time period for existence of the npa account must be increased from one year to three years. .....
Tag this Judgment!Court : Supreme Court of India
..... sub-section (2) of section 8a in respect of any disqualification for being chosen as, and for being, a member of either house of parliament or of the legislative assembly or legislative council of a state shall, so far as may be, apply in respect of the disqualification for voting at any election incurred by him under clause (b) of sub-section (1) of section 11a of this act as it stood immediately before the commencement of the election laws (amendment) act, 1975 (40 of 1975), as if such decision were a decision in respect of the said disqualification for voting also. [19]. (1976) 2 scc17decided by ..... -makers certainly intended to set up a secular democratic republic the binding spirit of which is summed up by the objectives set forth in the preamble to the constitution. ..... the central government may specify in this behalf, to the president for determination of the question as to whether such person shall be disqualified and if so, for what period: provided that the period for which any person may be disqualified under this sub-section shall in no case exceed six years from the date on which the order made in relation to him under section 99 takes effect; (2) any person who stands disqualified under section 8a of this act as it stood immediately before the commencement of the ..... clear that this shall not prevent the state from making special provisions for the advancement of socially or educationally backward classes of the citizens or for the scheduled castes and scheduled tribes. ..... ( .....
Tag this Judgment!Court : Supreme Court of India
..... the preamble to the police act, 1861 says: whereas it is expedient to reorganise the police and to make it a more efficient instrument for the prevention and detection of crime. ..... reddy held that: parliament cannot under article 368 expand its power of amendment so as to confer on itself the power to repeal, abrogate the constitution or damage, emasculate or destroy any of the fundamental rights or essential elements of the basic structure of the constitution or of destroying the identity of the constitution 186 185 ibid, at pages 486-487 (para666) 186 ibid, at page 666 (para 1212) 105 justice khanna in the course of the summation of his conclusions held, as regards the power of amendment, that: part i the power of amendment under article 368 does ..... section 5(2) authorises the interception of messages in transmission in the following terms: on the occurrence of any public emergency, or in the interest of the public safety, the central government or a state government or any officer specially unauthorised in this behalf by the central government or a state government may, if satisfied that it is necessary or expedient so to do in the interests of the sovereignty and integrity of india, the security of the state, friendly relations with foreign states or public order or for preventing incitement to the commission of an offence, for reasons to be recorded in writing, by order, direct that any message or class of messages to or from .....
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