Judgment Search Results Home > Cases Phrase: re entry permit Court: supreme court of india Page 10 of about 25,756 results (0.121 seconds)

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... , does not survive for discussion any longer because it is rightly admitted on behalf of the petitioners that the constitution (twenty fourth amendment) act, 1971, in so far as it transfers power to amend the constitution from the residuary entry (entry 97 list 1) or article 248 of the constitution to article 368, is valid; in other words article 368 of the constitution as now amended by the twenty fourth amendment deals not only with the procedure for amendment but also ..... under article 15 the words 'special provision' and in clause (4) of article 16 the making of any provision by the state, and clause (2) of article 23 imposing of a compulsory service by the state for public purposes, or preventing the state from doing or permitting it to take certain actions under article 28, clause (2) of article 29 and clause (2) of article 30 can either be by an ordinary legislative law or by an order or notification issued by the government which may or may not be under any law but may be in ..... is made to this case in the following words:in the case of in re initiative and referendum act lord haldane, in declaring the judgment of the board referred to "the impropriety in the absence of clear and unmistakable language of construing section 92 as permitting the abrogation of any power which the crown possesses through a person directly representing it"; an observation which applies with equal force to section 91 of the act of 1867 and to the abrogation of a power which remains vested in the .....

M/S. B.R. Enterprises Vs. State of U.P. and ors.

Court : Supreme Court of India

Reported in : AIR1999SC1867; JT1999(3)SC431; 1999(3)SCALE171; [1999]2SCR1111

..... states which have themselves given up the right to carry on the lottery business, there would be a violation of article 303 of the constitution of india as the state of sikkim and other states, which are covered by entry 40 of list i, can carry on the lottery business only in some states and not in others, thus impeding the free flow of goods for a reason which is not traceable to clause (2) of article 303 of the constitution. ..... is that crime could not be a business which could receive the protection of article 19(l)(g), section 5 should be so read and interpreted as to entitle only such state which does not permit its own lottery to be sold before it could prohibit lotteries of every other states and, if this is interpreted so, neither there would be any violation of article 14 nor article ..... of the union is that section 5 should be read down as to mean only such state which bans its own lotteries as it would be incongruous that a state which as a policy and in public interest does not permit sale of its own lotteries has to permit sale of lotteries of other state section if a state wants to have 'zero tolerance' state so far as lotteries are concerned, it cannot be prevented from doing so. ..... was, since bhutan lottery is under a treaty, all states should permit its sale, now the stand is such lottery would fall under entry 34, list ii hence would be subject to the law of the ..... entry 62 of list ii of the seventh schedule refers to taxes on betting and gambling which inherently permits .....

State of Punjab and anr. Vs. Devans Modern Brewaries Ltd. and anr.

Court : Supreme Court of India

Reported in : JT2003(10)SC485; 2003(10)SCALE202; (2004)11SCC26

..... to do the business itself or through an agency in terms of article 19(6) or otherwise;(d) restrictions and limitations on the trade or business in potable liquor can be both under article 19(6) or otherwise;(e) when the state permits trade or business in the potable liquor with or without limitation, the citizen has the right to carry on trade or business subject to the limitations, if any, and the state cannot make a discrimination between the citizens ..... duty on liquor or intoxicating drugs:- a duty of excise or luxury tax or both shall, if the government so direct be levied on all liquor and intoxicating drugs: (a) permitted to be imported under section 6; or(b) permitted to be exported under section 7; or(c) permitted under section 11 to be transported; or(d) manufactured under any licence granted under section 12; or (e) manufactured at any distillery, brewery, winery or other manufactory established under section 14; or(f) issued from a distillery, brewery, ..... the seventh schedule of the constitution of india stating:'under entry 8 list ii in the seventh schedule to the constitution of india and thereby under sections 49 and 143(2)(v) of the prohibition act, the state has the exclusive right/ privilege in respect of potable liquor and the state, in our opinion, can charge any reasonable expenses or even consideration for permitting such activity by grant of licence and that the respondents ..... entry 8 of list ii of the seventh schedule to the constitution does not permit the .....

Chandrapur Magnet Wires (P) Ltd., Nagpur Vs. Collector of Central Exci ...

Court : Supreme Court of India

Reported in : 1996(53)ECC139; 1996(81)ELT3(SC); JT1995(9)SC568; 1995(7)SCALE220; (1996)2SCC159; [1995]Supp6SCR593

..... the case of the excise department is that the reversal of credit entries are not permitted by the rules. ..... the contention of the department that in this situation, the assessee is not entitled to reverse the entries and get the benefit of the tax exemption is a question which merits serious consideration. ..... in view of the aforesaid clarification by the department, we see no reason why the assessee cannot make a debit entry in the credit account before removal of the exempted final product. ..... if this debit entry is permissible to be made, credit entry for the duties paid on the inputs utilised in manufacture of the final exempted product will stand deleted in the accounts of the assessee. .....

B.R. Enterprises Vs. State of U.P. and ors.

Court : Supreme Court of India

Reported in : (2000)1GLR242; (1999)9SCC700; [2000]120STC302(SC)

..... only by those states which have themselves given up the right to carry on the lottery business, there would be a violation of article 303 of the constitution of india as the state of sikkim and other states, which are covered by entry 40 of list i, can carry on the lottery business only in some states and not in others, thus impeding the free-flow of goods for a reason which is not traceable to clause (2) of article 303 of the constitution. ..... when the state does so, it does not carry on business in illegal products...regulated in the interests of the health, morals and welfare of the people....when the state permits trade or business in the potable liquor with or without limitation, the citizen has the right to carry on trade or business subject to the limitations, if any, and the state cannot make discrimination between the citizens ..... on the one hand, under the garb of regulating these lotteries, power to ban lotteries was delegated to the 'state' so as to protect the poor and gullible persons, on the other hand to permit bhutan lotteries to be sold throughout india without any condition clearly demonstrates that consideration for poor and gullible a lost sight.80 ..... then stand was, since bhutan lottery is under a treaty, all states should permit its sale, now the stand is such lottery would fall under entry 34, list ii, hence would be subject to the law of the state ..... entry 62 of list ii of the seventh schedule refers to taxes on betting and gambling which inherently permits gambling .....

Govt. Of Nct of Delhi Vs. Union of India

Court : Supreme Court of India

..... while the legislative powers which have been conferred on the legislative assembly extend to the state list (save for the excepted entries) and the concurrent list, parliament has been empowered to legislate both on matters falling within the state and the ..... station shall not take any cognizance of offences against officers, employees and functionaries of the central government is in accordance with the constitutional scheme and warrants no interference since the power is traceable to entry 2 (police) of list ii of the seventh schedule to the constitution in respect of which the legislative assembly of nctd has no power to make laws ..... . (emphasis supplied) 128 article 239aa(3)(a) permits the legislative assembly of the nct to legislate on matters in the state list, except for entries 1, 2 and 18 (and entries 64, 65 and 66 insofar as they relate to the earlier entries) and on the concurrent list, insofar as any such matter is applicable ..... . article 239aa(3) gives the delhi legislative assembly legislative powers over all but entries 1, 2, 18 and entries 64, 65 and 66 in so far as they relate to entry 1, 2 and 18 of the state list, and all the subjects ..... . agricultural produce market committee39, the court observed that the constitution of india deserves to be interpreted, language permitting, in a 39(2002) 9 scc2392 manner that it does not whittle down the powers of the state legislature and preserves federalism while also upholding the central supremacy as contemplated by some .....

Jaishri Laxmanrao Patil Vs. The Chief Minister And Ors.

Court : Supreme Court of India

..... that an interpretation which hinges on indirect impact of a provision, the amendment of which needs ratification of the states, does not violate the constitution and that unless the amendment actually deletes or alters any of the entries in the three lists of the seventh schedule, or directly amends an article for which ratification is necessary, recourse to the proviso to article 368 (2) was not ..... the petitioners, the existence of a dedicated article in the constitution authorising the making of law on a particular topic would certainly eliminate the possibility of the existence of the legislative authority to legislate in article 246 read with any entry in the seventh schedule indicating a field of legislation which appears to be closely associated with the topic dealt with by the ..... the decisions referred to above, we are of the view that the power of state legislatures to enact law to levy tax on the transfer of right to use any goods under entry 54 of list ii of the seventh schedule has two limitations one arising out of the entry itself; which is subject to entry 92-a of list i, and the other flowing from the restrictions embodied in ..... of backwardness must also cease to be relative; possible wrong inclusions cannot be the basis for further inclusions but the gates would be opened only to permit entry of the ..... backwardness must also cease to be relative: possible wrong inclusions cannot be the basis for further inclusions but the gates would be opened only to permit entry of the most .....

Ajit Mohan Vs. Legislative Assembly, National Capital Territory Of Del ...

Court : Supreme Court of India

..... learned solicitor general, while accepting the proposition that entries have to be read widely, submitted that where there is a specific entry dealing with a particular subject, that specific entry would prevail to the exclusion of the general entry.107 the entries relied upon by the respondents were general in nature, while the entries of law and order and police were specific and thus, ..... , that the assembly did not have any power legislative or executive, over the police and its functions.82 thus, exempted entries would have to be read in substance and not hyper-technically, and article 239aa would have to be read contextually as also widely to include all ancillary and ..... was so was obvious from the submission of the learned solicitor general who contended that the doctrine of pith and substance would have to be applied to the reading of the entries while dealing with them to demarcate the lakshman rekha for the parliament and the state assemblies. ..... powers may not be used to trench upon matters falling outside the legislative purview and the investigative power permits inquiry only into those subjects in reference to which the legislature has power to act.106. ..... would be too much to permit the argument that peace and harmony would impact practically everything and thus, gives power under different entries across the three lists. ..... similarly, entry 45 of list iii relating to inquiries would again not permit the assembly or the committee to inquire into the aspects of public order or .....

Loop Telecom And Trading Limited Vs. Union Of India

Court : Supreme Court of India

..... the decision of this court in cpil (supra) was entirely for each of them to determine and this cannot form the basis for granting or denying a set off; (xi) the non-refund of the entry fee to the appellant suffers from manifest arbitrariness: (a) the set off policy creates a separate class between similarly placed tsps whose licences were quashed, on the basis of whether or not a bidder or ..... criminal proceedings has been wiped off by the acquittal of the appellant by the special judge, cbi; (vi) the set off policy of the union government, in terms of which a set off of the entry fee which was paid was granted only to those entities who participated in the fresh round of auction which took place after the judgment of this court in cpil (supra), is based on incorrect classification which ..... there being grave criminal charges against it including, inter alia, charges under the prevention of corruption act 1988; (viii) the proposition that the policy of the union of india to permit the grant of a set off of the entry fee amounts to an admission that a refund of the entry fee is payable and due, finds support in the decision of this court in union of india v. ..... participate in the subsequent auction for refund of entry fee is discriminatory and has no nexus with the object sought to be achieved by the set off policy; (c) out of the eight tsps, four tsps participated in the subsequent auction and were permitted a set off of their entry fee towards payment for the auction allotted spectrum. .....

The State Of Himachal Pradesh Vs. Goel Bus Service Kullu

Court : Supreme Court of India

..... vehicle in that place in the manner in which the vehicle is being used: provided that a stage carriage permit shall, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a contract carriage: provided further that a stage carriage permit may, subject to any conditions that may be specified in the permit, authorise the use of the vehicle as a goods carriage either when carrying passengers or not: provided also ..... legislature is not competent to levy, under the present entry, an impost which is not in substance a regulatory or compensatory tax for the transport of the vehicle along the road, but a fine , for example using a vehicle without a valid permit or for issuing it in a manner not authorized by the permit, is beyond the competence of the state legislature, thus ..... above orders confines the question for consideration to be whether the imposition of additional special road tax levied on transport vehicle used without a valid permit is not a tax but a penalty and is ultra vires the legislative powers of the state legislature 3 under entries 56 and 57 of list ii (the state list) of the seventh schedule to the constitution.3. ..... entry 57 of list ii being subject to the provisions of entry 35 of list iii under which the 1988 act has been enacted, section 192a provides for 46 penalty being imposed on vehicles being used without permit or in contravention of the provisions of sub-section (1) of section 66 (providing for necessity for permits .....