Judgment Search Results Home > Cases Phrase: salaries and allowances of officers of parliament amendment act 2008 Page 1 of about 729 results (0.132 seconds)

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

..... of india, transfer a judge from one high court to any other high court (2) when a judge has been or is so transferred, he shall, during the period he serves, after the commencement of the constitution (fifteenth amendment) act, 1963 , as a judge of the other high court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by parliament by law and, until so determined, such compensatory allowance as the president may by order fix ..... has been or is so transferred, he shall, during the period he serves, after the commencement of the constitution (fifteenth amendment) act, 1963, as a judge of the other high court, be entitled to receive in addition to his salary such compensatory allowance as may be determined by parliament by law and, until so determined, such compensatory allowance as the president may by ..... judiciary. the following are among the most essential safeguards to ensure the independence of the judiciary certainty of tenure, protection from removal from office except by a stringent process in the cases of judges found unfit to continue as members of the judiciary, protection of salaries and other privileges from interference by the executive and the legislature, immunity from scrutiny either by the executive or the legislature of the conduct of judges with respect to the discharge of judicial ..... hearing of the present controversy, a paper written in november 2008, by nuno garoupa and tom ginsburg of the law school, university of ..... no.1, .....

Godrej and Boyce Mfg.Co.Ltd. Mumbai. Vs. Commissioner of Income Tax,

Court : Mumbai

..... the method which could have been followed by the assessing officer in any case for determining how much of the deduction claimed had proximate relation with the exempt income and (ii) it would render workable in a uniform manner the parliamentary intent under section 14a(1); and (v) the date which has been stated in the amending act from which the amendment is to have effect is irrelevant and the court has to analyze the nature of the ..... reason for the insertion of section 14a thus:"the insertion of section 14a with retrospective effect is the serious attempt on the part of the parliament not to allow deduction in respect of any expenditure incurred by the assessee in relation to income, which does not form part of the total income under the act against the taxable income (see circular no.14 of 2001 dated 22.11.2001). ..... income from mutual funds stands on the same basis;iii)the provisions of sub sections (2) and (3) of section 14a of the income tax act 1961 are constitutionally valid;iv)the provisions of rule 8d of the income tax rules as inserted by the income tax (fifth amendment) rules 2008 are not ultra vires the provisions of section 14a, more particularly sub section (2) and do not offend article 14 of the constitution;v) the provisions of rule 8d of the ..... fall for classification under one of those five heads, namely, (i) salaries; (ii) income from house property; (iii) profits and gains of business or profession; (iv) capital gains; and (v) income from other sources. .....

P.V. Narsimha Rao Vs. State (Cbi/Spe)

Court : Supreme Court of India

Reported in : AIR1998SC2120; 1997(1)ALD(Cri)157; 1998(1)ALD(Cri)762; 1997(1)BLJR263; 1998CriLJ2930; 1998(3)SCALE53; (1998)4SCC626; [1998]2SCR870

..... said expression has been used in relation to a member of the legislative council of the state (vidhan parishad), the learned attorney general has also invited our attention to the provisons of the salary, allowances and pension of members of parliament act, 1954 wherein the expression 'term of office', as defined in section 2(e) covering members of the council of states as well as the house of the people, has been used in section 3 (salaries and daily allowances) section 4 (travelling allowances) section 6(2) (free transit by railway) section 6-a (2) (free transit by steamer ..... report of the committee, known as the santhanam committee, appointed by the government of india to suggest changes which would ensure speedy trial of cases of bribery, corruption and criminal misconduct and make the law otherwise more effective, which led to the amendments introduced in section 21 ipc by the anti corruption laws (amendment) act, 1964 as well as the statement made by shri hathi, minister- in-charge, while piloting in the lok sabha the bill which was enacted as the anti .....

Suraj Prasad Vs. State of Bihar and ors.

Court : Patna

..... on 9-6-93, section 8a of salary, allowances and pension of member of parliament act, 1954 was amended by act no, 48 of 1993 as under:-- '(b) for sub-section (3), the following subsection shall be substituted, namely :-- (3) where any person entitled for pension under sub-section (1) is ..... (i) with effect from the date of com-mencement of the bihar legislature (members' salaries, allowances and pension) (third amendment) act, 1976 every such person as the case may be-- (i) as a member of the bihar legislative assembly; or (ii) as a member of the bihar legislative council; or (iii) partly as a member of the bihar legislative assembly or partly as a member of this ..... it is true that in view of amendment of section 8a of the salary, allowances and pension of members of parliament act 1954, where any person entitled for pension under sub-section (1) is also entitled to any other pension, such person shall be entitled to receive the pension under sub ..... salary, allowances and pension of member of parliament act ..... to which he is entitled under such law or otherwise, is equal to or in excess of that to which he is entitled under sub-section (1), such person shall not be entitled to any pension under sub-section (1); and (b) where the amount of pension to which he is entitled under such law or otherwise, is less than that to which he is entitled under sub-section (1), such person shall be entitled to pension under that sub-section only ..... 3, senior accounts officer, bihar, patna stopping the .....

Shri R.L. Narasimham ors. Vs. Union of India (Uoi) and anr.

Court : Supreme Court of India

Reported in : AIR1972SC2405; 1972LabIC1420; (1972)2SCC763; [1973]1SCR773

..... (1) notwithstanding anything in clause (2) of article 217 the judges of a high court in any province holding office immediately before the commencement of this constitution shall, unless they have elected otherwise, become on such commencement the judges of the high court in the corresponding state, and shall thereupon be entitled to such salaries and allowances and to such rights in respect of leave of absence and pension as are provided for under article 221 in respect of the judge of any other high court.any such judge ..... judges of the high courts from the pound sterling- a foreign currency-that the parliament in its wisdom decided to effect the necessary amendment in the 1954 act, which removed the anomaly of paying pensions to a certain category of high court judges by first determining the amount of pension in a foreign currency and then converting that amount into indian rupees for payment to them. ..... into rupees at the prevailing market rate of exchange at the time of their retirement or of actual payment, we do not think they can have any legitimate grievance against the fixation of their pension in rupees on a permanent basis by the parliament under the 1954 act as amended, in accordance with the then prevailing rate. ..... it was faintly suggested that the fact that section 18 has been retained in the 1954 act even after its amendment by act 46 of 1958 shows that a right of certain category of judges to have their pensions converted from sterling into rupees still subsists. .....

Mithilesh Kumar Sinha and Kaka Joginder Singh Alias Dharati Pakad Vs. ...

Court : Supreme Court of India

Reported in : AIR1993SC20; JT1992(5)SC479; 1992(2)SCALE566; 1993Supp(4)SCC386; [1992]Supp1SCR651

..... 58 of 1952) along with sections 3, 4, 5, 6, 7, 8 and 9 of the salaries and allowances of members of parliament act 1954 be declared void and unconstitutional.8. ..... government of india or the government of any state or under any local or other authority subject to the control of any of the said governments.explanation - for the purposes of this article, a person shall not be deemed to hold any office of profit by reason only that he is the president or vice-president of the union or the governor of any state or is a minister either for the union or for any state.article 71 provides for matters relating to or connected with the ..... that the constitutional eleventh amendment act, 1961, anti defection act, and party whip be declared ultra vires u/a 14, 38 of the constitution of india.2. ..... made [whether before or after the commencement of the presidential and vice-presidential elections (amendment) act, 1977] by the supreme court under article 145 may regulate the form of election petitions, the manner in which they are to be presented, the persons who are to be made parties thereto, the procedure to be adopted in connection therewith and the circumstances in which petitions are to abate, or may be withdrawn, and in which new petitioners may be substituted, and may require security to be given for costs.16 .....

Charan Lal Sahu and ors. Vs. Giani Zail Singh and anr.

Court : Supreme Court of India

Reported in : AIR1984SC309; 1983(2)SCALE961; (1984)1SCC390; [1984]2SCR6; 1984(16)LC873(SC)

..... with sections 3, 4, 5, 6, 7, 8, and 9 of the salaries and allowances of members of parliament act, 1954 be declared void and unconstitutional. ..... this sub-section was amended by section 7 of the presidential and vice presidential elections (amendment) act, 5 of 1974, which came into ..... amendment made by the amendment act of 1947 shows that connivance and consent connote distinct concepts for the purpose of section 18(1)(a) of the act ..... the power to set aside an election on the ground that, in its opinion, the returned candidate is not a suitable person for the office to which he is elected, the statute will stand radically amended so as to give to the court a virtual right of veto on the question of suitability of the rival candidates. ..... petitioner asks for the following reliefs:'(1) that the constitutional eleventh amendment act 1961 be declared ultra-vires of the constitution. ..... . the point of the matter is that by conveying to the voters that respondent 1 was a much safer candidate than shri khanna and that shri khanna would not be a suitable candidate to hold the office of the president of india by reason of a judgment of his, shri beg could not be said to have interfered with the free exercise of the right of the voters ..... substituted by the word 'consent' by the amendment act. ..... otherwise, a person who had not filed any nomination paper at all but who had only informed the returning officer orally that he desired to contest the election could also contend that he 'claims to have been duly .....

Shri Kihota Hollohon Vs. Mr. Zachilhu and Others

Court : Supreme Court of India

Reported in : AIR1993SC412,JT1992(1)SC600,1992(1)SCALE338,1992Supp(2)SCC651,[1992]1SCR686

..... article 368(2) that 'thereupon the constitution shall stand amended' the operation of the proviso should not be extended to constitutional amendments in a bill which can stand by themselves without such ratification.that, accordingly, the constitution (52nd amendment) act, 1985, in so far as it seeks to introduce the tenth schedule in the constitution of india, to the extent of its provisions which are amenable to the legal-sovereign of the amending process of the union parliament cannot be overborne by the proviso which cannot operate ..... of these defections[emphasis supplied] the committee on defections recommended that a defector should be debarred for a period of one year or till such time as he resigned his seat and got himself re-elected from appointment to the office of a minister including deputy minister or speaker or deputy speaker, or any post carrying salaries or allowances to be paid from the consolidated fund of india or of the state or from the funds of government undertakings in public sector in addition to those to which the defector might be ..... such an amendment act is within the competence of parliament insofar as it relates to provisions other than those mentioned in clauses (a) to (e) of proviso to article 368(2) but in respect of the amendments introduced in provisions referred to in clauses (a) to (e) of proviso to article 368(2), parliament alone is not competent to make such amendments on account of some constitutionally recognised federal principle being .....

Shah Newaz Khan Vs. The State Of Nagaland

Court : Supreme Court of India

..... while sub-section (1) of section 13 of the 19 1962 act ordained that there shall be a common high court called the high court of assam and nagaland, sub-section (3) thereof provided that expenditure in respect of the salaries and allowances of the judges of the common high court shall be allocated between the states of assam and nagaland in such proportion as the president may by order determine.20. ..... article 231, inserted in the constitution by the constitution (seventh amendment) act, 1956, is an ordainment 17 that notwithstanding anything contained in the preceding provisions of chapter v, parliament may by law establish a common high court for two or more states or for two or more states and a union territory. ..... appointed day, (a) the high court of assam and nagaland shall cease to function and is hereby abolished; (b) there shall be a common high court for the states of assam, nagaland, meghalaya, manipur and tripura to be called the gauhati high court (the high court of assam, nagaland, meghalaya, manipur and tripura); (c) the judges of the high court of assam and nagaland holding office immediately before that day shall, unless they have elected otherwise, become on that day the ..... appellants contentions1(2015) 6 glr3962 (2008) 9 scc6485 6. .....

A. Manoharan and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : 2008(2)CTC672; JT2008(2)SC527; (2008)3MLJ39(SC); 2008(2)SCALE616; (2008)3SCC641; 2008AIRSCW1487

..... authorities for certain major ports in india and to vest the administration, control and management of such ports in such authorities and for matters connected therewith.section 47h of the 1963 act reads as under:47h - officers and employees of the authority(1) the authority may appoint officers and such other employees as it considers necessary for the efficient discharge of its functions under this act(2) the salary and allowances payable to and the other conditions of service of the officers and other employees of the authority appointed under sub ..... breach of some regulations attracts penal provision.power of the central government to direct any board to make any regulations is confined to the matters specified in section 28 or section 76 or section 123 or to amend any regulation within such period as the central government may specify in this behalf.no regulation exists enabling the government to issue any direction in relation to regulation governing salaries and allowance payable to and other conditions of service of officers and employees of the authority. ..... the parliament of india enacted the major port trusts act, 1963 (for short 'the 1963 act'). ..... it also provides for laying down the same before the parliament. ..... not only approval of the central government was obtained, they were also laid before both houses of the parliament.3. .....