Court : Supreme Court of India
..... power to include or exclude from the presidential list, article 341(2) correspondingly limits the power of the president (acting on the aid and advice of the council of ministers at the centre) and the governor (acting on the aid and advice of the state government when consulted) to include or exclude castes or sub-castes from ..... commissioner, prepared a list of depressed classes which included the aboriginal or hill 181 marc galanter, competing equalities: law and the backward classes in india, [oxford university press (1984)]. 130 182 report of the indian franchise committee (1932) vol i, 112 89 part d tribes, depressed classes and criminal tribes. while preparing the list, ..... a limited purpose if it is heterogeneous for another purpose. 117 shri ram krishna dalmia v. shri sr tandolkar 1958 scc online sc6 [12].. 118 ibid; special courts bill, 1978, in re, (1979) 1 scc380 119 moorthy match works v. cce, (1974) 4 scc428 120 deepak sibal v. punjab university, (1989) 2 scc145 121 indra sawhney .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1998(3)ALD736; 1998(3)ALT584
..... fit for ensuring coordinated and integrated development of technical education and maintenance of standards and for the purposes of performing its functions under this act, the council may-(a) undertake survey in the various fields of technical education, collect data on all related matters and make forecast of the needed ..... the seats. as such, the submission of the learned advocate-general has no merit.15. he also submits that the central act confers exclusive jurisdiction on the council for proper planning and coordinated development of the technical education system through out the country, which is evident from the statement of ..... technical institutions viz., engineering colleges and other connected matters, as it overlaps and repugnant to section 10 of the all india council for technical education act, 1987 (hereinafter referred to as 'central act') and the regulations framed thereunder; as such void and unenforceable, and directing the convenor (eamcet-1997-engineering admissions) to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1951]2SCR747
..... can judge to the peculiar circumstances of india....... for such doubt their lordships are unable to discover any foundation either in the affirmative or the negative words of that act' (indian councils act, 1861). the parenthetic remark (which i have italicised) is significant. it is not competent for the court, according to their lordships, to discriminate between degrees of ..... of the australian constitution and the later decisions cannot be considered as any guide in this country for a decision of the point involved in the reference. the argument pressed by mr. dixon, as he then was, in roche v. kronheimer 29 c.l.r. 329 in my opinion, states the principle correctly. 234. the decisions ..... respect and in all humility, i am constrained to observe that in these decisions, to establish the vires of the powers delegated, arguments have been pressed into service which are by no means convincing or which can be said to be based on sound juristic principles. they can only be justified on .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC3116; [2000(87)FLR638]; 2000(6)SCALE461; (2000)8SCC61; [2000]Supp3SCR379
..... of service including the privileges as to pension, provident fund and gratuity are altered by rules or other provisions made [under the karnataka state civil services act, 1978], and any such alteration shall have effect, notwithstanding anything contained in any contract or law for the time being in force.(3) notwithstanding anything contained in ..... affairs wholly beyond the sphere of the public purposes for which its governmental powers are conferred.isaacs and rich, jj., in the federated municipal and shire council employees union of australia v. melbourne corporation in the context of the dual functions of state say much to the same effect at p. 530:here ..... board case (supra), it was held to be an 'industry'.24. in this background we may proceed to examine the present state act. the preamble of this act records:an act to provide for the better regulation of marketing and agricultural produce and the establishment and administration of markets for agricultural produce in the state .....
Tag this Judgment!Court : Supreme Court of India
..... the specific and limited purpose of articles 31 and 31-a of the constitution. article 31, which was deleted by the constitution (forty-fourth amendment) act, 1978 provided for compulsory acquisition of property. clause (3) of that article provided that, no law referred to in clause (2), made by the legislature of ..... fertilizers and manures, devising appropriate sowing programme, improving irrigation and other facilities and taking steps for prevention and control of diseases and pesticides. the council fund is also to be invested for imparting technical training to cultivators in matters relating to the production of cane. the mechanism for fixing the ..... market area as commission agent, trader, broker, weighman, hammal, surveyor, warehouseman, owner or occupier of processing or pressing factories or such other market functionary except in accordance with the provisions of this act and the rules and bye-laws made thereunder.32. power to grant licences.- (1) every person specified in section .....
Tag this Judgment!Court : Delhi
..... it is noticed that as per article 4 of the constitution of airec it is a federal body of the categorical / departmental associations / councils and unions functioning on railways on industrial pattern, all duly registered under trade union act. further composition of general body is also base on constituent units. the constituent units of airec as submitted along with the constitution does ..... ) c) d) e) the number / departmental associations the confederation shall be registered under t.u. act, 1926. composition of the confederation the confederation shall be a federal body of the categorical / councils and unions functioning on rail wayson industrial pattern, all duly registered under t.u. act. number of representatives:-"the constituent units shall have equal status and privileges in the confederation. however .....
Tag this Judgment!Court : Delhi
..... it is noticed that as per article 4 of the constitution of airec it is a federal body of the categorical / departmental associations / councils and unions functioning on railways on industrial pattern, all duly registered under trade union act. further composition of general body is also base on constituent units. the constituent units of airec as submitted along with the constitution does ..... ) c) d) e) the number / departmental associations the confederation shall be registered under t.u. act, 1926. composition of the confederation the confederation shall be a federal body of the categorical / councils and unions functioning on rail wayson industrial pattern, all duly registered under t.u. act. number of representatives:-"the constituent units shall have equal status and privileges in the confederation. however .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1990Bom299
..... disputes, and has clothed it with exclusive jurisdiction in that respect.43. drawing parallel from definitions contained in the hindu marriage act, com-panies act and bombay public trusts act the learned counsel submitted that since the jurisdiction of the high court has not been saved by any express provision, it stands ..... matters should be governed by the special laws which make provision in those respects such as hindu minority and guardianship act. hindu adoption and maintenance act and guardians and wards act, 1890. the personal law of muslims classifies the guardians under distinct categories as guardianship of person and guardianship of property ..... would arise discrimination amongst different classes of persons based on their personal law which is required to be avoided. he submitted that the family courts act endeavours to prescribe special procedure for summary and speedy disposal of the matrimonial disputes and for endeavouring in the direction of conciliation between the spouses .....
Tag this Judgment!Court : Mumbai
Reported in : 2003(3)BomCR550; 2004(2)MhLj874
..... to them to take appropriate proceedings in accordance with law. but once it has been held that the collector has power to press into service section 308(1) of the act and suspend an order or resolution of the council, the matter must necessarily end there. in our opinion, therefore, even those observations in prakash kutik are not sound and ..... it may be stated that sections 308 and 309 are part of the same scheme. while section 308 is designed to present in emergency an order, resolution or act of the council which is likely to lead to serious consequence, section 309 invests the collector with the power of execution of certain works in case of emergency. it would, ..... r. 374. in both the cases, this court held that the collector could exercise the power under sub-section (1) of section 308 of the act to prevent any imminent act of the council which was likely to give rise to one of the situations contemplated by the section. but once an action is taken, the provision has no application .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2010(1)ALT112
..... 21. the management or administration of a temple partakes to a secular character as opposed to the religious aspect of the matter. the 1978 act segregates the religious matters with secular matters. so far as, religious matters are concerned, the same have entirely been left in the ..... regard to the said factor in mind. by reason of section 4(1) of the 1978 act, the committee will consist of nine members. the nomination of one person from the council of ministers as a representative of the employees of the devaswom and five persons, one ..... present case with regard to the legislative competence of the parliament to enact the wakf act and the only ground pressed by the learned senior counsel for the petitioners is that the impugned provision of section 14(b)(iv) of ..... the wakf act is discriminatory as it violates the equality clause enshrined under article 14 of the .....
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