Court : Rajasthan
Reported in : RLW2004(1)Raj396; 2003(4)WLC663
..... person who has a substantial interest in the company; (c) by any employer (including a company) to an employee to whom the provisions of paragraphs (a) and (b) of this sub-clause do not apply and whose income under the head 'salaries' (whether due from, or paid or allowed by, one or more employers), exclusive of the value of all benefits or amenities not provided for by way of monetary payment, exceeds fifty thousand rupees; ..... the insertion of clause (vi) in section 17(2) with effect from 1.4.2002 by the finance act, 2001 and amendment in rule 3 of the income tax rules, 1962 vide notification dated 25.9.2001, which ..... it is apparent that these reliefs relate to computation of taxable income of the members of the respective petitioners associations who are in employment with m/s aditya cement and m/s birla white cement respectively under the head 'income from salaries', which is to be computed in accordance with the provisions of the income tax act, 1961 (for short 'the act'). ..... 300a, 301 and 304 of the constitution of india; (ii) section 17(2)(vi)* as parliament has deleged without authority of law and without any guideline, to select the items of perquisites and the valuation thereof to the executive and the rule-framing authority be quashed and declared ultra vires ..... law describes fringe benefits as 'an employment benefit (as a pension, a paid holiday, or health insurance) granted by an ..... in accordance with substantive law prevailing on 1st april 2002 of the assessment year 2002-2003 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2005)140PLR70
..... , as the case may be:provided further that the allowances payable and other conditions of service of the lokpal shall not be varied to his disadvantage after his appointment,6) the salaries and allowances payable to, or in respect of, the lokpal shall be the expenditure charged on the consolidated fund of the state,'[15.2] a perusal of these sections shows that under the act the lokpal would be entitled to receive the allowances payable to and other conditions of service, as would be applicable to ..... later of those dates for the purpose of this clause.3) if and so far as an ordinance under this article makes any provision which would not be valid if enacted in an act of the legislature of the state assented to by the governor, if shall be void;provided that, for the purposes of the provisions of this constitution relating to the effect of an act of the legislature of a state which is repugnant to an act of parliament or an existing law with respect to a matter enumerated in ..... vide haryana lokpal (amendment) bill, the legislature of the state of haryana amended the 1997 act to the effect that the word ' ..... the terms of the agreement became an inherent part of his appointment as permissible in view of clause (2) of article 310 of the constitution of india and as he was appointed for a tenure of five years, he was entitled to the pay and allowances as admissible to the chief justice of punjab and haryana high court from time to time less the pension, if any. ..... as a member of the state ..... 2003 .....
Tag this Judgment!Court : Supreme Court of India
..... if the parliament (2008) 1 scc 354 intended that salary or honorarium and other allowances and other terms and conditions of service of the president and the members of the state commission have to be provided in the rules by the state government in exercise of its powers under section 30(2) and in no other manner, the provision in section 16(2) would have read, 'the salary or honorarium and other allowances payable to, and the other terms and conditions of service of the members of the state commission shall only be in accordance with ..... said services, there is no mention about admissibility of gratuity and commutation of pension.it was also pointed out that it was not proper to revise the pension of the first respondent as sanctioned by the president of india without amendment in the high court judges (conditions of service) act, 1954 ..... that in accordance with the above orders of the state government, the necessary papers for payment of pension and gratuity to the respondent were 4prepared in the prescribed form and submitted to the office of the accountant general, madhya pradesh (appellant) on august 29, 2003 by the registrar of the state commission. ..... appellant compelled the respondent to file a writ petition before the high court challenging the letters dated december 10, 2003 and september 23, 2004 addressed to the madhya pradesh state government and letter dated november 4, 2004 addressed to the respondent that pension and gratuity were not payable to the respondent. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : (2006)143PLR81a
..... any property of the gram panchayat, panchayat samiti and zila parishad; or(k) is in unauthorized occupation of property belonging to any local authority, or(1) being a sarpanch has cash in hand exceeding the amount permitted under the rules made under this act;(m) is member of either house of parliament or of the legislature of the punjab state:provided that a member of either house of the parliament or legislature of punjab state may be elected as a sarpanch or member of gram panchayat, panchyat samiti or zila parishad ..... at this stage, it shall be gainful to refer to certain provisions contained in part ix and ix-a of the constitution of india inserted by way of 73rd and 74th amendment so as to give powers of self-government' to panchayats in rural areas and municipalities in the urban areas as also to ensure elections to these institutions as a unit of ..... court held that, 'the rule of interpretation requires that while interpreting two inconsistent, or, obviously repugnant provisions of an act, the court should make an effort to so interpret the provisions as to harmonize so that the purpose of the act may be given effect to and both the provisions may be allowed to operate without rendering either of them otiose.'18. ..... appellant is 'a whole time salaried employee of a local authority/board', he is disqualified for being chosen as and for being a member of the gram panchayat as provided by section 208(1)(g) of the punjab panchayati raj act, 1994. ..... were held in the month of june, 2003. .....
Tag this Judgment!Court : Jammu and Kashmir
Reported in : AIR2003J& K83,2003(1)JKJ35
..... the amendments carried out where,' the jammu and kashmir constitution (amendment) act, 2008 (1951 a.d)', 'the jammu and kashmir constitution (amendment) act, 2009 (a.d 1952) and the 'jammu and kashmir constitution (amendment )act, 2011 (a.d 1954)'in terms of the amendment act of 2009, no person who was not a state subject of class i was eligible for elections to the office of the 'sadar-i-rayasaf the constitution act, 1939 with various amendments served as the interim constitution' of the state pending enactment of a new constitution by the state ..... of india became fully operational the president of india issued constitution (application to jammu and kashmir) order, 1950 in consultation with the government of jammu and kashmir and specified the matter with respect to which the union parliament could enact law for the state. ..... section 8 (a) of the village panchayat act provides that a person shall be disqualified for being chosed as or for being a member of a panchayat if he is not permanent resident of the state and rule 17 (a) of the jammu and kashmir civil services (classification, control and appeal) rules 1956 providesthat no person shall be eligible for appointment to any service by direct recruitment unless he is a hereditary state subject to be known hereafter as a permanent ..... she requested for the release of the salary has not been paid salary because she does not possess the permanent resident ..... , allowed to appear in the entrance test at her own risk and responsibility .....
Tag this Judgment!Court : Delhi
..... it was the parliament which legislated on the matter thereafter and enacted the delhi high court amendment act (act 35 of 2003) effective from 16th july, 2003 increasing the original civil pecuniary jurisdiction of this court to suits the value of which exceeds rs.20,00,000/-. ..... phenomena. it is for all these reasons that the states came forward to levy fee by legislative amendments in order to cover up the expenses towards the pay, allowances and pensions of judicial officers and establishment staff, their residential ..... 677. in the past, in england, the principle governing the levy of court fee was that the salaries and pensions of judges were paid by the state out of public ..... so. though it would no doubt be difficult to calculate exactly how much of the expenditure of the supreme court is attributable to the administration of public, as distinguished from private justice, the salaries and pensions paid to the judges may perhaps be taken to represent fairly that ..... bommai (supra) while rejecting the plea against secrecy, has further noted that the proclamation under article 356 has to be discussed and approved on the floor of both houses of parliament, members of which are entitled to go through the material which was the basis of the advice of the council of ministers: 87. ..... establishment. the salaries of judicial officers should be a charge on the general tax- .....
Tag this Judgment!Court : Delhi
..... it was the parliament which legislated on the matter thereafter and enacted the delhi high court amendment act (act 35 of 2003) effective from 16th july, 2003 increasing the original civil pecuniary jurisdiction of this court to suits the value of which exceeds rs.20,00,000/-. ..... phenomena. it is for all these reasons that the states came forward to levy fee by legislative amendments in order to cover up the expenses towards the pay, allowances and pensions of judicial officers and establishment staff, their residential ..... 677. in the past, in england, the principle governing the levy of court fee was that the salaries and pensions of judges were paid by the state out of public ..... so. though it would no doubt be difficult to calculate exactly how much of the expenditure of the supreme court is attributable to the administration of public, as distinguished from private justice, the salaries and pensions paid to the judges may perhaps be taken to represent fairly that ..... bommai (supra) while rejecting the plea against secrecy, has further noted that the proclamation under article 356 has to be discussed and approved on the floor of both houses of parliament, members of which are entitled to go through the material which was the basis of the advice of the council of ministers: 87. ..... establishment. the salaries of judicial officers should be a charge on the general tax- .....
Tag this Judgment!Court : Supreme Court of India
..... (3) in other respects, the powers, privileges and immunities of each house of parliament, and of the members and the committees of each house, shall be such as may from time to time be defined by parliament by law, and, until so defined shall be those of that house and of its members and committees immediately before the coming into force of section 15 of the constitution (forty fourth amendment) act 1978 (4) the provisions of clauses (1), (2) and (3) shall apply in relation to persons who ..... empowerment of women committee on estimates committee assurances committee on papers laid on the table committee on petitions committee on private members bills and resolutions committee on public accounts committee on public undertakings committee legislation committee on the welfare of scheduled castes and scheduled tribes house committee joint committee on offices of profit joint committee on salaries and allowances of parliament library committee rules committee subordinate of members 15 15 15 30 15 15 15 15 22 22 15 30 12 15 15 9 15 68 from there ..... (bradley and others) v secretary of state for work and pensions (attorney general intervening)20, the court of appeal visited the statement in prebble that section 16(3) of the parliamentary privileges act, 1987 in australia declared the true effect of article 9 of the bill of rights and that section ..... the 17 (2003) 4 scc289: air2003sc134418 air2004sc426419 (2008) 1 scc68320 air1989sc189926 judgment of these organs to function and exercise their .....
Tag this Judgment!Court : Supreme Court of India
..... that occupation of residential bungalows after expiry of the term of office of the chief ministers is in violation of the provisions of the uttar pradesh (salaries, allowances and miscellaneous provisions) act, 1981, (hereinafter referred to as the 1981 act ) which pertains to salaries and other perquisites to be given to the chief ministers.17. ..... ministers, who are in occupation of government bungalows, are either serving as members of parliament or governors or cabinet ministers in central government and they have already been provided another accommodation. ..... has contended that aspect of emoluments and pensions of former president and vice president of india is governed by president s emoluments and pensions act, 1951 and vice president s pension act, 1997 and rules framed there- under. ..... no.1313 (m/s) of 1996, respondent no.1-state framed rules titled as the distinguished personality trust allotment of houses in lucknow under the control of state estate department rules, 2003 (hereinafter referred to as the 2003 rules ) under office memorandum dated 31.12.2003 to deal with lease of houses for the use of any social service trust set up in the name of a distinguished person who is known as a national ..... pendency of writ petition no.1313 (m/s) of 1996, the aforestated writ petition was amended so as to challenge the validity of the 1997 rules on the ground that the 1997 rules were not only unconstitutional and illegal, but were also violative of the provisions of article 14 of the .....
Tag this Judgment!Court : Karnataka
..... (5) the holder of a mining lease or a prospecting licence-cum-mining lease granted on or - 237 - after the date of commencement of the mines and minerals (development and regulation) (amendment) act, 2015, shall, in addition to the royalty, pay to the district mineral foundation of the district in which the mining operations are carried on, an amount which is equivalent to such percentage of the royalty paid in terms of the second schedule, ..... what is the meaning of the expression taxes on mineral rights subject to any limitations imposed by parliament by law relating to mineral development within the meaning of schedule vii list ii entry 50 of the constitution of india?. ..... (4) no quarrying of minor mineral under this chapter shall be allowed in contravention of environment impact assessment notification dated 14-9-2006 issued by the ministry of environment - 203 - and forest, government of india, as amended from time to time. ..... thus, the block periods in the present case will be 1994-97, 1997-2000, 2000 to 2003,2003 to 2006, 2006 to 2009, 2009 to 2012, 2012 to 2015 and 2015 to 2018. ..... some of the other learned members of the bar appearing for the petitioners argued that sub-rule (5) of rule 36 which requires payment of one tenth (1/10) of the royalty amount in advance in the form of performance guarantee is completely arbitrary and illegal. .....
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