Court : Supreme Court of India
Reported in : JT1997(4)SC124; 1997(3)SCALE1; (1997)4SCC606; [1997]2SCR1086
..... in the country, pooja is performed by the devotee himself touching the linga as a result that controversy was referred to kashi vidvat parishad (kashi council of scholars) for resolution of the dispute and to find out whether lokik parampara with the tradition of offering prayers to the linga by touching the ..... of clauses (b) and (d) of article 26 as a religious denomination in the matter of management, administration and governance of the temples under the act. the act, therefore, is not ultra vires articles 25 and 26 of the constitution.35. it is then contended that abolition of the right to manage the temple ..... thus, the constitution lays seed-bed to integrate the people transcending from various religious, regional, linguistic, sectional, diversities, castes, sects and/or divisive actions or acts. integration of all sections belonging to different castes sub-castes, sects and sub-sections or people professing different religious faiths transcending the diversity of religious beliefs. .....
Tag this Judgment!Court : Chennai
Reported in : (1904)14MLJ471
..... the appellate court in an appeal from an order to exercise powers which are something more than 'procedure' in the limited sense. it has been held by the privy council that by virtue of the enactment corresponding to section 647 of the present code a district court possesses the power of review, see reasut hossein v. hadjee abdoollah i.l ..... .r., 2 c. 131. again a reference to section 19, clause 3 of the succession certificate act, shows that in that enactment the legisla-ture proceeded on the assumption that section 647 where the word ' procedure' occurs confers the power to grant a review. in england ..... interim injunction, even when the action itself was for an injunction has been held to come within the words ' practice and procedure ' in section 1(4) of the judicature act, 1894, mcharg v. universal stock exchange (1895) 2 q.b. 81.2. i should be loath to hold that this court as an appellate tribu-nal does not possess .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1954Cal513,58CWN391
..... indisputable that if one is to regard the present question, from the point of view of section 15(2)(b) alone, one would be bound to concede that the council, acting under the powers conferred by that clause,' could make a provision under section 30(1) like the one in dispute, namely, a provision requiring the articled clerk to ..... down that a chartered accountant will be entitled to charge premia from his pupils as of right and independently of any regulations that might be framed by the council. indeed, the act has not taken it upon itself to make any provision as to the conditions of service and training as between chartered accountants and their articled clerks, but ..... and training of articled clerks'. this section, does not provide for any rule-making power, but has reference to the duties and powers of the council in carrying out the provisions of the act. the rule-making power is first conferred by the main provision of section 30, namely, section 30(1), which reads as follows:'30. power .....
Tag this Judgment!Court : Customs Excise and Service Tax Appellate Tribunal CESTAT Mumbai
Reported in : (2003)(158)ELT759Tri(Mum.)bai
..... and the fact that consequent to earlier letter dtd. 7.7.94 of the board, the appellants were led to believe that the 'entity is exempted' and they acted on that belief as is apparent from the record of correspondence exchanged with coal india limited and other customers, it can be concluded that the charge in view and ..... the show cause notice, the classification of emulsion matrix was also disputed and it was proposed to be classified as chemical product under chapter 38 of the central excise act.10. the commissioner, after hearing the parties and considering the material on record, vide the order impugned before us, decided the following show cause notices and relying upon ..... and 49 are in fact one unit and explosives emerges at plot no. 48 and 49, as a result of application of section vi of the central excise tariff act. it was further stated that bmd vehicle cannot be treated as workshop, consequently exemption granted to goods manufactured in a workshop is not available to the appellant.9. .....
Tag this Judgment!Court : Mumbai
Reported in : (1940)42BOMLR767
..... customs to collectors of land customs or land customs officers. further, by section 4 of the central board of revenue act (act iv of 1924), the governor-general in council was substituted for the local government in section 191 of the sea customs act.8. at the hearing before the board, the appellant maintained that the decision of the assistant collector of customs, dated ..... -authority of the presidency or place in which such dispute shall have arisen shall settle the same, subject to an appeal to the local government, acting under the general instructions of the governor-general of india in council.clxxxiv. if any dispute shall arise as to the proper rate of duty payable in respect of any goods imported into, or exported from .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(3)BomCR322; (1992)94BOMLR562
..... basic features are absent, you cannot legally claim from the licensee under the label 'fee'.' in regard to the liberty cinema case, the supreme court observed that, the council in that case, had rightly abandoned the fee-cum-quid pro quo formula and anchored itself on the right to exact the higher rate as a 'tax on land ..... pointed out that in the madras act, chapter vi of part iii is devoted to taxation and finance. section 78(1)(a) authorizes levy or property tax. the section sets out the other taxes a municipal council may levy. section 7(3) together with a proviso, contains the procedural prescriptions for imposing taxes. it has pointed out that ..... admittedly there has been no compliance with this procedure and if such conformance is mandatory, as it is, the case tax set up by the appellant collapses. in respect of the calcutta act it is .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2004KAR3892; 2004(3)KarLJ505
..... it is difficult for me to think that when the entire industrial field, even covering municipalities, universities, research councils and the like, is regulated in the critical area of industrial disputes by the i.d. act, parliament would have provided an oasis for the corporation where labour demands can be unilaterally ignored. the general words ..... examine the witnesses, the lokayukta has come to the conclusion that the allegations made against them have been substantiated and the said report is released to the press and it has been given wide publicity, thus seriously affecting the reputation of the petitioners. thus, the petitioner's fundamental right guaranteed to them under ..... of his life, his limbs, his body, his health and his reputation. the supreme court in maneka gandhi v. union of india and anr. : [1978]2scr621 , held that both the rights of personal security and the personal liberty recognised by what blackstone termed natural law are embodied in article 21 of the constitution .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1995P& H315
..... , prepare, mix or dispense any medicine. contravention of this provision has been made punishable with imprisonment or fine. in nut-shell, under the 1948 act the pharmacy council of india through its education regulations prescribes the minimum standard of education required for qualification as a pharmacist and approves the courses of studies and examinations. ..... argument of the learned counsel for the petitioner is that the diploma course of the college having been approved by the pharmacy council of india under the 1948 act, it is this council alone which would govern the colleges and that no approval of aicte is required nor can the latter reduce the intake of ..... filed on behalf of aicte the first respondent in the case, it has been pleaded that after the enactment of all india council for technical education act, 1987 (for brevity the 1987 act), all technical institutions including the pharmacy institutions are required to be approved by aicte in terms of sections 10 and 11 of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1964SC1260; [1964(8)FLR334]; (1964)IILLJ105SC; [1964]6SCR913
..... it has been passed and the nature of the benefit which is intended to be conferred on them. chapter ii of the act deals with the corporation, standing committee and medical benefit council and their constitution; chapter iii deals with the problem of finance and audit; chapter iv makes provisions for contribution both by the ..... need careful experimentation have sometimes to be adopted by stages and in different phases, and so, inevitably, the question of extending the statutory benefits contemplated by the act has to be left to the discretion of the appropriate government. 'appropriate government' under s. 2(1) means in respect of establishments under the control of ..... under them would be due to any other legislative authority than that of the governor-general in council. their whole operation is directly and immediately under and by virtue of this act (xxii of 1869) itself. the proper legislature has exercised its judgment as to place, person, laws, powers; and the result of that judgment .....
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 .....
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