Judgment Search Results Home > Cases Phrase: parliamentary proceedings protection of publication repeal act 1976 Page 1 of about 498 results (0.107 seconds)

In Re: the Special Courts Bill, 1978

Court : Supreme Court of India

Reported in : AIR1979SC478; (1979)1SCC380; [1979]2SCR476

..... conservation of foreign exchange and prevention of smuggling activities (amendment) act, 1975; the maintenance of internal security (amendment) act, 1975; the election laws (amendment) act, 1975; the constitution (thirty-eighth and thirty-ninth amendment) acts, 1975; the maintenance of internal security (amendment) act, 1976; the maintenance of internal security (second amendment) act, 1976; the press counsil (repeal) act, 1976; the prevention of publication of objectionable matter act, 1976; parliamentary proceedings (protection of publication) repeal act, 1976; the constitution (forty-second amendment) act, 1976; the representation of the people (amendment) ordinance, 1977; the ..... what better designs-engineering can there be than to make a quick example of master-criminals and tainted caesars with public office as protective mantle the fundamental dynamics of public power-great trust and sure accountability-rank high in a people-oriented scheme of the rule of law.116. ..... runs thus: the special courts bill, 1978abillto provide for the trial of a certain class of offenceswhereas commissions of enquiry appointed under the commissions of enquiry act, 1952 have rendered reports disclosing the existence of prima facie evidence of offences committed by persons who have held high public or political offices in the country and others connected with the commission of such offences during the operation of the proclamation of emergency dated 25th june, 1975 .....

Union of India (Uoi) Rep. by Director of Education, Directorate of Edu ...

Court : Chennai

Reported in : (2008)5MLJ226

..... venkata reddy : (1972)iillj486sc protecting the operation of public employment (requirement as to residence act 1957) in respect of telungana region of andhra pradesh has no relevance to the case of the petitioner government. ..... be free from the vice of arbitrariness and conform to the well-settled norms, both positive and negative, underlying articles 14 and 16, which together with article 15 form part of the constitutional code of equality.para 13: before proceeding further we should steer clear of a misconception that surfaced in the course of arguments advanced on behalf of the state and some of the parties. ..... in the present case, in the absence of parliamentary law to support the policy of the government, the contention of the learned government pleader of puducherry must necessarily fail. ..... the object, it is clear from this recital, is two-fold; one, to make provisions in pursuance of article 16(3) and, two to repeal the existing laws relevant thereto. ..... 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 classes of public employment in certain areas and to repeal existing laws prescribing any such requirement. .....

Indore Development Authority Vs. Manoharlal and Ors. Etc.

Court : Supreme Court of India

..... act, 72 is that unless the contrary intention appears, the repeal does not affect the previous operation of the repealed enactment or anything duly done or suffered under it and any investigation, legal proceeding or remedy may be instituted, continued or enforced in respect of any right, liability and penalty under the repealed act as if the repealing act ..... lands by the same notification) are awarded compensation, of whom one allows the issue to attain finality- and moves on, the other obdurately seeks to stall the public purpose underlying the acquisition, by filing one or series of litigation, during the pendency of which interim orders might inure and bind the parties, the latter would ..... legal fiction which leads to a deemed lapsing of proceedings under the act of 1894, parliamentary intent under section 24(2) ought to be construed so that "physical 66 1987 supp scc35067 (1955)2 scr60368 mig cricket club v.abhinavsahakar education society, (2011) 9 scc97possession" under section 24(2) reflects the actual state of affairs as on 74 the date when the act of 2013 came into force; similarly, too ..... that, so far as regards the thing, he can assume, exercise or resume manual control of it at pleasure, and so far as regards other persons, the thing is under the protection of his personal presence, or in or on a house or land occupied by him or in any receptacle belonging to him and under his control, he is in physical possession of the ..... and regulation) act, 1976, was repealed in the .....

i.C. Golak Nath and ors. Vs. State of Punjab and anr.

Court : Supreme Court of India

Reported in : AIR1967SC1643; 1967(0)BLJR818; [1967]2SCR762

..... revolution. it was suggested for the petitioners that an alteration of fundamental rights could be made by convening a new constituent assembly outside the frame-work of the present constituent, but it is doubtful if the proceedings of the new constituent assembly will have any legal validity, for the reason is that if the constitution provides its own method of amendment, any other method of amendment of the constitution will be unconstitutional ..... in the social contract theory also the contract included protection of property with recognition of the power of the rule to act in the public interest and emergency ..... amend. it was suggested that parliament may, by a constitutional amendment, abolish the parliamentary system of government or repeal the chapter of fundamental rights or divide india into two states, or even reintroduce the rule of a ..... is concerned, because both being laws in their true character, come within the prohibition created by that clause against the state and that the directive principles cannot be invoked to destroy fundamental rights, i proceed now to examine whether the english and american precedents lay down any principle applicable to amendments of our constitution. ..... if parliament is clothed with such a power to amend the constitution it may proceed to do away with fundamental rights altogether, it may abolish elected legislatures, it may change the present form of government, it may do away with the federal structure and create a unitary state instead, and so .....

Sub-committee of Judicial Accountability Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1992SC320; JT1991(6)SC184; 1991(2)SCALE844; (1991)4SCC699; [1991]Supp2SCR1

..... parliament. since the committee and its investigations have neither any independent existence nor separate legal effect otherwise than as confined to, and for the purposes and as part of the possible protective proceedings in the houses of parliament, the court should decline to exercise jurisdiction on a matter which is of no independent legal consequence of its own and which, in the last analysis, falls and remains entirely in an area outside the courts' ..... there are some who fear that a parliamentary majority, encouraged by inflamed public feeling about an unpopular judicial decision, might some day act to remove a judge without due process.it is at least questionable whether the system of removal by an address of both houses of parliament accords to a judge the degree of security which is required by the concept of judicial independence. ..... before the said commission could give its report, the judge became gravely ill and the act was repealed [lane's commentary on the australian constitution, (1986) p. ..... v. raj narain, : [1976]2scr347 , referred to above in paragraph ..... v. raj narain, : [1976]2scr347 , that rigid separation of powers as under the american constitution or under the australian constitution does not apply to our country and many powers which are strictly judicial have been excluded from ..... [see: shetreet 'judges on trial', (1976); p. ..... [see: shetreet 'judges on trial', (1976); pp. ..... (see: shetreet - judges on trial (1976) p. .....

Udai Singh Dagar and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR2007SC2599; 2007(6)ALLMR(SC)447; 2007(2)BLJR2218; JT2007(7)SC127; 2007(7)SCALE278; (2007)10SCC306

..... ****(4) ****(5) ****(6) nothing in sub-clause (g) of the said clause shall affect the operation of any existing law in so far as it imposes, or prevent the state from making any law imposing, in the interests of the general public, reasonable restrictions on the exercise of the right conferred by the said sub-clause, and, in particular, nothing in the said sub-clause shall affect the operation of any existing law in so far as it relates to, or prevent ..... and (c) of section 6 of the general clauses act, not only the previous operation of any enactment so repealed or anything duly done or suffered thereunder but also any right, privilege, obligation or liability acquired, accrued or incurred under any enactment so repealed would stand protected. ..... the section clearly contemplates that there will be situations where an investigation, legal proceeding or remedy may have to be instituted before the right or liability can be enforced and ..... therefore which the petitioners admittedly do not possess, the right of the petitioners to continue to practice despite the fact that they do not fulfill the criteria laid down under the parliamentary act or the central act would not survive.70. ..... bihar, orissa, himachal pradesh and rajasthan, however, adopted a resolution purported to be in terms of clause (1) of article 252 of the constitution of india requesting the union of india to make a parliamentary legislation to the effect that the matter may be regulated in those states by parliamentary act. .....

Chiranjit Lal Chowdhuri Vs. the Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1951SC41; (1951)53BOMLR499; [1951]21CompCas33(SC); [1950]1SCR869

..... themselves. neither the affidavit in opposition nor the learned attorney-general in course of his arguments referred to the statement of the objects and reasons for introducing the bill which was eventually enacted or the parliamentary debates as showing the reason why and under what circumstances this law was made and, therefore, apart from the question of their admissibility in evidence, the petitioner has had no opportunity to deal ..... the second clause provides : 'no property, movable or immovable, including any interest in, or in any company owning, any commercial or industrial undertaking, shall be taken possession of or acquired for public purposes under any law authorising the taking of such possession or such acquisition, unless the law provides for compensation for the property taken possession of or acquired and either fixes the amount of the compensation ..... this petitioner has, by the ordinance or the act, been discriminated against and denied equal protection of the law, his fundamental right has been infringed and his right to approach this court for redress cannot be made dependent on the readiness or willingness of other shareholders whose rights have also been infringed to join him in these proceedings or of the company to take substantive ..... the declared purpose of this arrangement was, according to the preamble of the repealed ordinance to keep up the production of an essential commodity and to avert serious unemployment amongst a certain section of the community .....

Smith and Others Vs. the Ministry of Defence and Others

Court : UK Supreme Court

..... of osman v united kingdom and neryildiz v turkey, where authorities know or ought to know of a real and immediate risk to life, or of a situation inherently dangerous to life, and to the framework duty in the public-health sphere to make regulations compelling hospitals to adopt appropriate measures to protect patients' lives and to have an effective independent judicial system to determine the cause of death of patients in hospital and make those responsible ..... among the points considered in mulcahy was whether the repeal of the immunity in tort formerly provided by section 10 of the crown proceedings act 1947, subject to the right (never yet utilised) to revive section 10 for all or limited purposes under s.2 of the crown proceedings (armed forces) act 1987 bore on the existence or ..... the need to "bear in mind the particular characteristics of military life and its effects on the situation of individual members of the armed forces" (engel v the netherlands (no 1) (1976) 1 ehrr 647, para 54), meaning, for example, also that "many acts that would constitute degrading or inhuman treatment in respect of prisoners may not reach the threshold of ill-treatment when they occur in the armed forces, provided that they contribute ..... . it is therefore worth noting recommendation 1742 (2006) of the parliamentary assembly on the human rights of members of the armed forces of 11 april 2006, which was made in the light of a debate on a report on this issue of its committee on legal .....

Micolube India Limited Vs. Rakesh Kumar Trading as Saurabh Industries ...

Court : Delhi

..... no.30 of 94 the proceedings from the parliamentary debate on the bill were also referred to show that the concerned minister of state had observed that the act was being amended to 'provide help and protecting the rights of designers' ..... the statutory monopoly with the disclosure of the same to the authority and to the general public and with a covenant with law that after expiration of the design, the right will be available to the public to freely use the said design, it would be incongruous to assume any further public interest to protect against confusion outweighing the paramount public interest which is right to exploit the work of lapsed patent so that further intentions and ..... judgment, it can be argued that the said judgment of ampro (supra) was passed under the old designs act and the trade marks act has been amended in the year 1999 and repealed by the old act of 1958 and therefore this view should not be accepted but the fact of the matter is that the designs act has also been amended in the year 2000 which is a later enactment than that of the trade marks ..... that the definition of mark under section 2 (1) (m) of the trade marks act, 1999 provides shape of the goods as marks, however, it is equally to be looked into that designs act of 2000 under section 2(d) while defining design expressly excludes the trademark within the meaning of section 2(1) (v) of trade and merchandise marks act, 1958 which after the repeal shall be corresponding definition of trade marks act 1999. .....

Union of India (Uoi) and ors. Vs. Indian Jute Mills Associations and o ...

Court : Supreme Court of India

Reported in : AIR2005SC2534; (SCSuppl)2005(4)CHN111; JT2005(5)SC497; (2005)10SCC69

..... recommendations made by the standing advisory committee for creation of a road map for gradual dilution of the protection under the act for ultimate repeal of the act and for formation of an inter- ministerial committee for the aforesaid purpose are dehors the provision of the act and without jurisdiction;3. ..... division bench in the course of its judgment observed:-'the legislative policy as contained in the act is clear and unambiguous namely, protection of jute industry and the interest of million of farmers and workers connected therewith and the ..... interim order on 25.04.2002 directing the union of india not to proceed in respect of such recommendations made by the standing advisory committee. ..... act was enacted to provide economic security and justice to producers of raw jute and the workers engaged in the manufacturing of jute packaging material and the central government had taken a balanced view in directing the use of jute packaging material for compulsory package of certain specified commodities or percentage thereof which was subject to parliamentary ..... on 12.04.2002 after hearing the indian jute mills association and others made the recommendations for formation of inter-ministerial committee consisting of ministers of textiles, agriculture and consumer affairs, food and public distribution for the purpose of formulating a road map for the progressive dilution of compulsory packaging norms for food grains and sugar under the act to facilitate its repeal. 9. ..... the public policy. .....