Court : Supreme Court of India
Reported in : AIR1965SC632; (1965)0PLR563; [1965]1SCR82
..... to protected by art. 31-a. similarly, in ram narain medhi v. state of bombay [1959] supp 1 s.c.r. 489 the bombay tenancy and agricultural lands (amendment) act 1956 (which amended bombay act lxvii of 1948) was in question. it sought to distribute equitably the lands between the landlords and tenants by way of compulsory purchase of all surplus lands by tenants ..... other two appeals arise from other writ petitions. writ petition no. 761 of 1957 (civil appeal no. 553 of 1962) was dismissed by grover j. against whose decision a letters patent appeal was filed. writ petition no 454 of 1958 (civil appeal no. 554 of 1962) was heard by the bench which heard the said letters ..... patent appeal and both were dismissed on august 18, 1960. the high court did not certify the judgments as fit for appeal but the appellants obtained special leave and civil appeals .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC636; (1981)1SCC597; [1981]2SCR287; 1981(13)LC48(SC)
..... material part of sub-section (1) of section 5, which reads thus :(1) on and from the commencement of the uttar pradesh imposition of ceiling on land holdings (amendment) act, 1972, no tenure-holder shall be entitled to hold in the aggregate throughout uttar pradesh, any land in excess of the ceiling area applicable to him.explanation i.-in ..... ostensibly in the name of any other person, shall be taken into account.explanation ii is not material for our present purpose.12. the amendment act, 1972 (act no. 18 of 1973) (for short called the ceiling act) came into force with effect from june 8, 1973. it is clear that the crucial date on or from which no tenure-holder is ..... u.p. (amendment) act. no. 18 of 1973 came into force. a transfer, therefore, made after january 24, 1971 which is designed to serve as a cloak for retention of a right or interest of the transferor in the ostensibly transferred land in excess of the ceiling area, even on or after june 8, 1973, will be patently not in 'good .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2005(3)CTC741; [2005(106)FLR190]; JT2005(5)SC170; (2005)IILLJ831SC; (2005)3MLJ146(SC); (2005)5SCC1; (2005)2UPLBEC1387
..... been brought into force because notification to bring those provisions into effect has not been issued in accordance with sub-section (2) of section 1 of the amendment act. the amended definition thus remains on the statute uninformed for a period now of more than 23 years.6. on behalf of the employers, it is pointed out that ..... book. the government has been experiencing difficulty in bringing into effect the new definition. issuance of notification as required by sub-section 2 of sub-section 1 of amendment act, 1982 has been withheld so far. it is, therefore, high time for the court to reexamine the judicial interpretation given by it to the definition of ' ..... that upsetting the law settled by bangalore water is neither expedient nor desirable.8. it is pointed out that earlier an attempt was made to seek enforcement of the amended act through this court [see : aeltemesh rein v. union of india : (1960)illj251sc ]. the union came forward with an explanation that for employees of the categories .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1995SC1868; JT1995(3)SC662; 1995(2)SCALE900; 1995Supp(2)SCC686; [1995]3SCR639
..... rent to be paid by the lessee: (1) the holder of a mining lease, whether granted before or after the commencement of the mines and minerals (regulation and development) amendment act, 1972, (56 of 1972), shall, notwithstanding anything contained in the instrument of lease or in any other law for the time being in force, pay to the state government, ..... has not, in respect to the subject-matter of the statute or in the method of enacting it, transgressed the limits of its constitutional powers. such transgression may be patent, manifest or direct, but it may also be disguised, covert and indirect and it is to this latter class of cases that the expression 'colourable legislation' has been ..... be taken in by the said definition. it is patently clear that 'minerals', which are benefits to arise out of land, will be roped in within the purview of the levy under section 3(1) read with section 2(c) of the act. so the charging section of the impugned act imposes a tax on the 'minerals' also and not .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC1361; (1977)3SCC592; [1978]1SCR1
..... challenged in a court of law. and, i am saying so notwithstanding the provision contained in clause (5) of the said article introduced by the constitution (38th amendment) act, 1975. in support of the divergent views canvassed before us either in relation to the proclamation of emergency under article 352 or a proclamation under article 356, extreme ..... lie within the executive discretion. such discretion is governed by a large element of policy which is not amenable to the jurisdiction of courts except in cases of patent or indubitable mala fides or excess of power. its exercise rests on materials which are not examinable by courts. indeed, it is difficult to imagine how the ..... under article 356(1) unless and until resort to the provision, in a particular situation, is shown to be so grossly perverse and unreasonable as to constitute patent misuse of this provision an excess of power on admitted facts. on the allegations before us we cannot reach such a conclusion. and, it is not for .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC1937; (1979)4SCC429; [1980]1SCR354; 1980(12)LC312(SC)
..... to article 136 of the travancore limitation regulation) is not the proper article to be applied to such a suit where the transfer of property act, as amended by the amending act of 1929, was not in force. in taking this view, the learned judge declined to follow the decision of the travancore cochin high court.12. ..... aggrieved by this judgment and decree of the learned; single judge, the plaintiff preferred a letters patent appeal. the appeal was ultimately heard by a full bench of three ..... of conflicting and confusing decisions rendered on an interpretation of the relevant provisions of the transfer of property act, 1882, as they stood before the amendment of 1929, we may say at once that even where the transfer of property act was not in force, a redeeming co-mortgagor discharging the entire mortgage debt, which was the joint .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC349; (1969)2SCC429; [1970]1SCR803
..... under section 15(2) of the punjab pre-emption act, 1913 as amended by the punjab pre-emption amendment act, 1960. the suit was dismissed. smt. jai kaur filed an appeal under clause 10 of the letters patent of the high court. relying on an amendment made by the punjab pre-emption amendment act 1964 in the first paragraph of clause (b) ..... of sub-section (2) of section 15 of the punjab pre-emption act, hereinafter called the act, the division bench reversed the judgment of the single ..... even from another wife.5. if the above discussion is kept in view there is no difficulty in attributing a retroactive intention to the legislature when the amendment act of 1964 was enacted. it is well settled that if a statute is curative or merely declares the previous law retroactive operation would be more rightly ascribed .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644
..... leaving to the parliament to ponder over and if deemed necessary amend article 356 suitably.315. the constitution was amended more than 77 times and article 356 itself was amended six times through the constitution section 38th amendment act; 42nd amendment act: 44th amendment act; 59th amendment act; 64th amendment act and 68th amendment act. apart from the congress party, three non congress political parties were ..... exercise of this power. the court can interfere only when the power is used in a grossly perverse and unreasonable manner so as to constitute patent misuse of the provisions or to an abuse of power. the same idea is expressed at another place saying that 'a constitutionally or legally prohibited ..... anything contained in clause (2) of article 48' would be rendered redundant as if it was no part of the constitution. it is obvious and patent that no letter or part of a provision of the constitution can be said to be redundant or non-existent under any principle of construction of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC2350; 1997(93)ELT656(SC); [1997]225ITR746(SC); JT1997(4)SC493; 1997(3)SCALE409; (1997)4SCC530; [1997]3SCR539
..... the state government had fixed the charges for supply of electricity and motive power by the assessee-company with effect from february 1, 1952. after the amendment of the electricity (supply) act, 1948 in 1956 the assessee-company increased the charges for motive power from january 1, 1963 to 35 np. per unit with a maximum of rs. 7 ..... income, as distinguished from a hypothetical income, which can be brought to tax. in view of the decision of the division bench of the high court allowing the letters patent appeals of the assessee-company, which judgment was affirmed by this court on february 26, 1969, the high court has held that the assessee-company had a legal right ..... at godhra. the second appeals filed by the assessee-company were dismissed by the learned single judge of the gujarat high court on april 11, 1966 but the letters patent appeals (l.p.as. nos. 42 and 43 of 1966) filed by the assessee-company against the said judgment of the learned single judge were allowed by the division .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC2847; JT1997(1)SC40; 1996(9)SCALE613; (1997)7SCC339; [1996]Supp10SCR472
..... of part-xi of the constitution as a whole. it may be remembered that during the period intervening between the constitution seventh (amendment) act, 1956 and the constitution fourteenth (amendment) act, 1962, there was no provision for a legislature for any of the union territories. article 239-a in part-vii-'the union ..... ) delhi (2) himachal pradesh (3) manipur; (4) tripura; (5) andaman & nicobar islands; (6) the laccadive, minicoy & amindivi islands.74. the seventh amendment act also replaced articles 239 & 240 by new provision; the new article 240 allowed the president to make regulations for certain union territories and this provision continues to this day. ..... patents, inventions and designs, and also in the case of a few other entries in list i.93. thereafter, mr. sen contended that, in any event, the taxes levied by ndmc would not amount to union taxation because they are in the nature of a municipal tax. our attention was drawn towards the constitution (seventy-fourth) amendment act .....
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