Court : Supreme Court of India
Reported in : AIR1990SC104; JT1989(3)SC148; 1989(2)SCALE28; (1989)3SCC537
..... was also placed on section 21-a inserted by section 4 of the presidency small cause courts (west bengal amendment) act, 1980 which provides:21 a. act to override other laws including letters patent: the provisions of this act shall have effect notwithstanding anything to the contrary in any other law, including in particular the letters ..... case may be, or against the railway administration on whose railway the loss, injury, destruction or deterioration occurred.the new section 80 substituted in 1961 by the amending act provides:80. suits for compensation: a suit for compensation for loss of the life of, or personal injury to, a passenger or for loss, destruction, ..... are apprehended in their proper perspective, it becomes necessary to refer to and notice the legislative history of the provision. section 14 of the indian railways (amendment) act, 1961, substituted the old section 80 by a new provision. the old section reads:section 80: suit for compensation for injury to through booked traffic .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC1588; JT1996(2)SC530; 1996(2)SCALE272; (1996)2SCC563; [1996]2SCR224
..... court of allahabad in hakim singh v. shiv sagar and ors. : air1973all596 . the u.p. state legislature enacted u.p. amendment act 33 of 1972 amending u.p. high court (abolition of letters patent appeals) act, 1962 and enacted section 4 thereof which reads as under :abolition of appeals from the judgment or order of one judge of ..... officer purporting to exercise the powers and to perform the duties of director of consolidation) under the u.p. consolidation of holdings act, 1953, anything to the contrary contained in clause 10 of the letters patent of her majesty, dated march 17, 1866, read with clauses 7 and 17 of the u.p. high court's ( ..... view of the decision of the constitution bench, the controversy no longer survives. the legislative competence in abolishing letter patents appeals in respect of revenue and tenancy matters is covered under section 4 of the said act. they are under respective laxative entries in state list ii in viith schedule to the constitution relating to jurisdiction .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2008SC2520; LC2008(2)173; (2008)5MLJ939(SC); 2008(37)PTC1(SC); 2008(8)SCALE4; (2008)10SCC657; 2008AIRSCW3509; 2008AIRSC2520
..... a design of figured glass with new and novel features not produced before by anyone else. on or about 29.10.2002 the respondent applied to the controller of patents and designs under section 51 of the act of 2000 for registration of the said design in class 25-01. the said design was duly registered on 5.11 ..... india. but with the advancement of science and technology and the number of registration of the design having increased in india, the act of 1911 was amended wholesale by the parliament and this new act known as designs act, 2000 came to be introduced in the parliament and the same was passed as such. the statement of objects and reasons ..... read as under:statement of objects and reasonssince the enactment of the designs act, 1911 considerable progress has been made in the field of .....
Tag this Judgment!Court : Supreme Court of India
..... in a manner which is not reasonable and plausible.23. before we analyse the award, we need to first ascertain the scope of section 34 of arbitration act, before the 2015 amendment, which provided for certain specific grounds for challenge. section 34, as it existed, reads as under:13. 34 application for setting aside arbitral award. (1 ..... date. this court should not interfere or set aside awards in a casual manner, while doing so this court should come to a clear understanding that the award was patently illegal. [see associate builders v. delhi development authority (2015) 3 scc49pg. 67].22. learned counsel appearing for ongc has submitted that: that the imposition of liquidated ..... tribunal was not in tune with the contract, 1 https://www.rbi.org.in/scripts/publicationsview.aspx?.id=15268 1 usd = 47.5 inr end of year 2002-03 10 which is a justifiable ground for interference. they sought to address the concern on delayed acceptance by stating that such acceptance was valid and permissible .....
Tag this Judgment!Court : Supreme Court of India
..... in associate builders v. dda . sub-section (2a) to section 34, which was introduced by the amending act of 2016, provides for an additional ground of challenge in the case of a domestic award, namely the existence of a patent illegality apparent on the face of the award. justice r f nariman, speaking for the two-judge bench, ..... mother agreement, since it is a party to an inter-connected agreement, executed to achieve a common commercial goal. 18 (2018) 15 scc67819 arbitration and conciliation (amendment) act, 2015 ( 2015 amendment ) 27 part c20in cheran properties (supra), a three-judge bench of this court interpreted and applied the group of companies doctrine in the context of the ..... in 19 the context of the application of the then amended provisions of section 8 of the act of 1996, observed that the 2015 amendment to section 8 had brought it in line with section 45 of the act of 1996. prior to the amendment, section 8(1) of the act of 1996 provided that a party to an arbitration agreement .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC231; (1973)1SCC261; [1973]2SCR1073; 1973(5)LC513(SC)
..... /- and no more; whereas in uttar pradesh an advocate has to pay not only rs. 250/- as enrolment fee but also a stamp duty as prescribed by the stamp amendment acts. secondly, in the matter of transfer also discrimination arises as has been indicated above. such an argument can have no substance because article 14 can have no application where the ..... of a duty on entry as an advocate on the roll of any high court under the indian bar councils act 1926 or in exercise of the power conferred on such court by letters patent or by the legal practitioners act 1879. after the repeal of the relevant and material portions of these enactments relating to admission of advocates by the ..... to decide this question it is essential to advert to the background in which the act came to be enacted in 1961. the enrolment of legal practitioners as advocates of the high court was made originally under one of the clauses of the letters patent in the case of chartered high courts in the country. so far as the high .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1568; (1967)69PLR824; [1967]3SCR286
..... controlled by the state government or not'. 11. section 2 of the amending act (act 27 of 1960) amended the preamble and read as follows : 'amendment of long title of east punjab act l of 1948.-- in the long title of punjab holdings (consolidation and prevention of gmentation) act, 1948 (hereinafter referred to as the principal act) the words 'and for the assignment or reservation of land for ..... high court dated november 8, 1960, in letters patent appeal no. 284 of 1956. 2. for the consolidation of land holdings in village kheowara, a scheme was prepared by the consolidation officer under s. 14 of the east punjab holdings (consolidation and prevention of fragmentation) act, 1948, (act l of 1948), hereinafter called the 'act', and the scheme was confirmed by the settlement officer .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC1325; (1992)108CTR(SC)275; [1993]199ITR43(SC); 1992(2)SCALE867; (1993)1SCC249; [1992]Supp2SCR153
..... prescribed percentage of the value of the assets used for the purposes of business. the second allowance was not there in the 1922 act originally and was introduced by the income-tax (amendment) act, 1946. the introduction was of certain allowances in respect of expenditure on 'scientific research related to the business', an expression which was ..... ) and was answered against the department. on the basis of such allegations the petitioners attempted to make out that the department's interpretation was patently untenable and that the 1980 amendment is not in the nature of a statutory clarification of an ambiguity but a totally new and fresh imposition sought to be unjustifiably given retrospective ..... proviso to section 10(2)(xiv) of the 1922 act and reproduced in clauses (iv) and (v) of section 35(2) of the 1961 act.9. before us it is claimed on behalf of the assessee that this interpretation of the statutory provisions is very clear, patent and unambiguous. it is alleged that, despite this, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC1947; 2003(5)ALT82(SC); 2003(3)SCALE54; (2003)5SCC350; [2003]2SCR781
..... by reason of the impugned judgment the said appeals were dismissed. the appellant is, thus, in appeal before us.5. by reason of the constitution 32nd amendment act, a special provision by way of article 371-d of the constitution of india was inserted in respect of the state of andhra pradesh relating to both employment ..... through gajendragadkar, j. struck down the government order impugned therein describing it as a fraud on the constitution and the action of the executive was characterized as 'patently and plainly outside the limits of the constitutional authority conferred on the state'.21. in n.m. thomas v. state of kerala : (1976)illj376sc , it ..... for 15% open seats also. a review application filed by the appellant herein before the learned single judge was dismissed. thereafter, the appellant preferred a letters patent appeal before the division bench questioning the said order of the learned single judge. the division bench, however, noticing conflict in some decisions on the question .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC3020; (2005)4CompLJ440(SC); (2005)194CTR(SC)428; 2005(99)ECC377; 2005(182)ELT33(SC); [2005]274ITR194(SC); JT2005(Suppl3)SC389; (2005)4SCC214; 2006[3]STR608; 200
..... service tax rules, 1994 had been displaced or removed.21. as we read the decision in laghu udhyog bharati, the basis was the patent conflict between sections 65, 66 , 68(1) and 71 of the finance act, 1994 as amended in 1997 on the one hand and rules 2(1) (d) (xii) and (xvii) of the service tax rules 1994 on the ..... other. each of these sections of the finance act 1994 as amended in 1997 proceeded on the basis that the tax was imposable on the person providing the service. all the other sections regarding the liability to furnish returns, assessments, penalties ..... . yet the respondents had raised demands for service tax for periods subsequent to 2nd june, 1998. it has been conceded by the union of india that the amendments made in the act would have to be read along with the notifications so that the levy and collection of service tax would be only in respect of services rendered by goods transport .....
Tag this Judgment!