Court : Supreme Court of India
..... even the companies act, 2013, which repeals the companies act, 1956, contains chapter 19 consisting of sections 253 to 269 dealing with revival and rehabilitation of sick companies along the lines of sections 424-a to 424-h of the amended companies act, ..... what is basic for a section or a chapter in a statute is provided: firstly, by the words used in the statute itself; secondly, by the context in which a provision occurs, or, in other words, by reading the statute as a whole; thirdly, by the preamble which could supply the key to the meaning of the statute in cases of uncertainty or doubt; and, fourthly, where some further aid to construction may still be needed to resolve an uncertainty, by the legislative history which discloses the wider context or perspective in which a provision was made to meet a particular need or to ..... consequently, the amendment of 2018 introducing the words at the time of submission of the resolution plan is clarificatory, as this was always the correct interpretation as to the point of time at which the disqualification in sub-clause (c) ..... not yet brought into force, are also an important pointer to the fact that section 22(1) of the sick industrial companies (special provisions) act, 1985 has been statutorily sought to be excluded, parliament veering around from wanting to protect sick industrial companies and rehabilitate them to giving credence to the public interest contained in the recovery of public monies owing to banks and financial institutions. .....
Tag this Judgment!Court : Supreme Court of India
..... 33-b inserted by the representation of the people (third amendment) act, 2002 does not pass the test of constitutionality, firstly, for the reason that it imposes a blanket ban on dissemination of information other than that spelt out in the enactment irrespective of the need of the hour and the future exigencies and expedients and secondly, for the reason that the ban operates despite the fact that the disclosure of information ..... and the authority implementing the same has constitutional or statutory power to implement it, the court can necessarily issue directions or orders on the said subject to fill the vacuum or void till the suitable law is enacted; that one of the basic structures of our constitution is "republican and democratic form of government and, therefore, the superintendence, direction and control of the "conduct of all elections" to parliament and to the legislature of every state vests in the election commission; and the phrase ..... or municipality, shall furnish full and complete information in regard to all the five matters referred in paragraph-5 of the preamble, in an affidavit or declaration, as the case may be, in the format annexed hereto:- provided that having regard to the difficulties in swearing an affidavit in a village, a candidate at the election to a ward member of village panchayat under the tamil nadu panchayats act, 1994 shall, instead of filing an affidavit, file before the returning officer a declaration in the same format annexed to this order:2. .....
Tag this Judgment!Court : Supreme Court of India
..... the constitution or the laws made by the parliament disabling or stipulating that the central government should not make rules (in exercise of the powers conferred by the parliament under section 169 of the rp act of 1951 read with articles 102(1)(e) and 191(1)(e) of the constitution) providing for such disqualification ..... necessary changes in the form 26 prescribed under rule 4a of the conduct of election rules, 1961 keeping in view the suggestion in para 38 of the wp; (2) to respondent no.1 to consider suitable amendment in the representation of the people act 1951 to provide for rejection of nomination papers of the candidates and disqualification of mps/mlas/mlcs deliberately furnishing wrong information about their assets in the affidavit in form 26 at the time of filing of the nomination; (3) to respondents no.3 to 5 to- inquiry/investigation (i) conduct into disproportionate increase in the assets of mps/mlas/mlcs in annexure p6 to the wp, included in ..... committed contrary to the orders, and without the consent, of the candidate or his election agent; (c) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt practices at the election; and (d) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents, then the high court may decide that the election of the returned candidate is ..... the political belief underlying the declaration of the preamble of the ..... (2013) .....
Tag this Judgment!Court : Supreme Court of India
..... by 42 constitution (amendment) act, secularism and socialism were brought in the preamble of the constitution to realise that in a democracy unless all sections of society are provided facilities and opportunities to participate in political democracy irrespective of caste, religion and sex, political democracy would not last long. ..... today, even without article 35, there is nothing to prevent the future parliament of india from passing such laws. ..... sub-section (2) of of the hindu succession act significantly provides that nothing contained in the act shall apply to the members of any scheduled tribe within the meaning of clause (25) of of the constitution, unless otherwise directed by the central government by means of a notification in the official gazette. ..... . it is the creature of a statute and is obviously subject to qualifications and disqualifications enacted by legislation ..... rahman (adam publishers and distributors, new delhi, 2013 edition), wherein by placing reliance on a hanafi muslim scholar, it was expressed that triple talaq was 86 not in consonance with quranic verses. .....
Tag this Judgment!Court : Supreme Court of India
..... the amendment of 2018 introducing the words at the time of submission of the resolution plan is clarificatory, as this was always the correct interpretation as to the point of time at which the disqualification ..... public servant, except with the previous sanction (a) in the case of a person who is employed in connection with the affairs of the union and is not removable from his office save by or with the sanction of the central government, of that government; (b) in the case of a person who is employed in connection with the affairs of a state and is not removable from his office save by or with the sanction of the state government, of that government; (c) in the case of any other person, of the authority competent to remove ..... for a section or a chapter in a statute is provided: firstly, by the words used in the statute itself; secondly, by the context in which a provision occurs, or, in other words, by reading the statute as a whole; thirdly, by the preamble which could supply the key to the meaning of the statute in cases of uncertainty or doubt; and, fourthly, where some further aid to construction may still be needed to resolve an uncertainty, by the legislative history which discloses the wider context or perspective in which a provision was made to meet a particular ..... namely, the words of an act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the act, the object of the act, and the intention of parliament. .....
Tag this Judgment!Court : Supreme Court of India
..... . it follows that even if on a true and correct construction of the expression thandan appearing in the constitution (scheduled castes) order, 2007 did not include ezhuvas and thiyyas known as thandan and assuming that the two were different at all relevant points of time, the fact that the position was not clear till the amendment act of 2007 made a clear distinction between the two, would entitle all those appointed to serve the state up to the date the amending act came into force, to continue in service. (id ..... if the prosecution ends in a conviction and sentence of the accused, it could be regarded as an offence involving moral turpitude, disqualification for elective posts or offices under the state or the union or elections to any local body, legislature or parliament; 1 (1994) 6 scc2416 part a (15). ..... the courts have constitutional duty and responsibility, in exercise of the power of its judicial review, to see that constitutional goals set down in the preamble, the fundamental rights and the directive principles of the constitution, are achieved. ..... . consequently, the first question which was referred to the full bench has been answered in the affirmative by holding that the relief of the protection of 33 (2013) 16 scc52645 services after the invalidation of a caste claim can be granted by the high court on the basis of the decisions of this court in kavita solunke and shalini .....
Tag this Judgment!Court : Supreme Court of India
..... subsequently, vide the constitution (forty-second amendment) act, 1976, the exclusive legislative field of the state legislature with regard to education was removed and deleted, and the same was replaced by amending entry 25, list iii, granting concurrent powers to both parliament and state legislature the power to legislate with respect to all other aspects of education, except that which was specifically covered by entry 63 to 66 of the list i. ..... (v) when there are more applicants than the available situations/seats, the state authority is not prevented from laying down higher standards or qualifications than those laid down by the centre or the central authority to short-list the applicants. ..... the act, 2007: the preamble of the act mentions that it is to provide for regulation of admission and fixation of fee in private professional educational institutions in the state of madhya pradesh and to provide for reservation of seats to persons belonging to the scheduled castes, scheduled tribes and other backward classes in professional educational institutions. ..... this section further provides for composition, disqualification and functions of the committee. ..... union of india (2013) 9 scr1103 again this court has recognized that right to life under article 21 includes right to health.52. .....
Tag this Judgment!Court : Supreme Court of India
..... section 5 of 1972 act stated :- in the wealth-tax act, 1957, in section 5, in sub-section (1),-- (a) in clause (iii), for the words "any one building in the occupation of a ruler declared by the central government as his official residence", the words, brackets and figures "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'' shall be substituted with effect from the 28th day of december, 1971; (b) to clause (iv), the following provisos ..... article shall be deemed to prevent the raj pramukh from accepting by a supplementary instrument any or all of the entries in the said list i relating to any tax or duty as matters with respect to which the dominion legislature may make laws for the united state; and in doing so the raj pramukh may specify the limitations, if any, subject to which the power of the dominion legislature to make laws for the united state in respect of such matters and the exercise of the executive authority of the dominion in the united state are respectively .....
Tag this Judgment!Court : Supreme Court of India
..... a list of auqaf referred to in sub-section (1) and the survey of auqaf shall be completed within a period of one year from the date of commencement of the wakf (amendment) act, 2013 (27 of 2013), in case such survey was not done before the commencement of the wakf (amendment) act, 2013: provided that where no survey commissioner of waqf has been appointed, a survey commissioner for auqaf shall be appointed within three months from the date of such commencement. ..... however, long been the practice of the courts to look for guidance as to what purposes are charitable to the preamble to the charitable uses act 1601 (commonly referred to as the statute of elizabeth i ), which lists as charitable: the relief of aged, impotent, and poor people; the maintenance of sick and maimed soldiers and mariners, schools of learning, free schools and scholars of universities; the repair of bridges, havens, causeways, churches, sea banks and highways; the education and preferment of orphans; the relief, stock or ..... assembly as required under sub-clause (ii) of clause (b), such member shall be deemed to have vacated the office of the member of the board for the state or national capital territory of delhi, as the case may be, from the date from which such member ceased to be a member of parliament from the state national capital territory of delhi, or a member of the state legislative assembly, as the case may be; (c) one person from amongst muslims, who has professional experience in town planning or .....
Tag this Judgment!Court : Supreme Court of India
..... have adverted to the aforesaid legislation only to show that parliament itself has thought it reasonable to widen the scope of the expression respondent in the act of 2013 so as to be in tune with the object sought ..... the preamble of the act nor from the provisions of the act has it been possible for us even to discern any basis for the classification made by s.30(ii) of the act ..... dealing with the principle of discrimination (when a classification does not disclose an intelligible differentia in relation to the object sought to be achieved by the act) from para 38 onwards, ultimately held that the aforesaid classification defeats the purpose of finding prima facie truth in the allegations of graft and corruption against public servants generally, which is the object for which the prevention of corruption act, 1988 was ..... our mind that the objects, reasons and the scheme of the act could not have envisaged the type of situation created by the amendment which is patently harsh and grossly unjust for the landlord of a non ..... so reading it that its provisions apply to all, legislators and non-legislators, and that, therefore, in all cases the disqualification must await affirmation of the conviction and sentence by a final court. ..... constitution bench of this court struck down section 6a of the delhi police special establishment act on the ground that it made an invidious distinction between employees of the central government of the level of joint secretary and above as against other government .....
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