Court : Supreme Court of India
Reported in : [1952]1SCR889
..... more limited application of the principle appears in the earlier cases, and the more liberal application has been rendered necessary by complex conditions due to recent developments of civilization and the increasing density of population. in the very nature of the case, modern conditions and the increasing inter-dependence of the different human ..... variations) from section 299(2) of the government of india act, 1935, which was undoubtedly designed to give effect to the recommendation of the joint parliamentary committee in para. 369 of their report that two conditions should be imposed on expropriation of private property : 'we think it (the provision proposed) should secure ..... have been left to be determined by the executive government as those must necessarily depend on the financial resources of the state and the availability of funds in regard to which the executive government alone can have special means of knowledge. by no standard of permissible delegation can the vesting of such .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1962SC1406; [1963]1SCR491
..... other countries and among the states'. section 98 says : 'the power of the parliament to make laws with respect to trade and commerce extends to navigation and shipping and to railways the property of any state'. section 99 prohibits the commonwealth, by any law or regulation of trade, commerce, or revenue, from giving preference ..... dyarchy in the federating units and the establishment of provincial autonomy, the committee sensed the dangers of breaking up the unity of india and said : '... in transferring so many of the powers of government to the provinces, and in encouraging them to develop a vigorous and independent political life of their own, we have been ..... individual citizen and came to the conclusion that restriction which the act imposed on the individual citizen were reasonable restrictions having regard to the necessity of raising funds for the maintenance of roads and the making of new roads in the state of rajasthan. then the high court considered the validity of the relevant .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC1107; [1965]2SCR477
..... or compel us to adopt this construction. on the other hand the orissa endowments act and the bombay public trusts act cases, as also the orissa mining area development fund case support a broader view of what constitutes service to the fee-payer. (1) sivaparvatamma v. executive officer, a.i.r. 1957 orissa, 285. (2 ..... on the 15th february or as soon as possible thereafter and the corporation shall consider the same. it may refer the estimates back to the standing finance committee for further consideration and resubmission within a specified time and shall- (a) ............................. (b)determine, subject to the provisions of part iv the levy of ..... carte blanche to discriminates the matter may possibly be stated more simply by adopting the language of bose, j. inrajnarain singh v. the chairman, patna administration committee, patna and another(1) 'is it the delegation of essential legislative power", or unessential details the principle being that if the legislature lays down a policy, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1967SC1643; 1967(0)BLJR818; [1967]2SCR762
..... directive principles lay down the routes of state action but such action must avoid the restrictions stated in the fundamental rights. prof. anderson (changing law in developing countries, pp. 88, 89), taking the constitutional amendments, as they have been in our country, considered the directive principles to be more potent-than ..... of all intermediaries between the state and the tiller and imposition of prohibition against subletting. the abolition bills were the result. obviously the sardar patel committee on fundamental rights was not prepared to go far. in the debates that followed, many amendments and suggestions to alter the draft article protecting property ..... , therefore, the demand for written rights - since rights would provide tangible safeguards, against oppression - proved overwhelming'.27. motilal nehru, who presided over the committee called for by the madras congress resolution, in may, 1928 observed in his report : 'it is obvious that our first care should be to have our .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC564; [1970]40CompCas325(SC); (1970)1SCC248; [1970]3SCR530
..... its subsidiaries in the public sector, and that the performance of the named banks could not be belittled by referring to the banking structure and development in highly developed countries like canada, japan, france, united states and the united kingdom. on the other hand, the attorney-general said that the commercial banks ..... validation of acquisition fell within the mischief of the decision of punjab province v. daulat singh and ors. 73 i.a. 59 where the judicial committee dealing: with section 5 of the punjab alienation act which provided for the avoidance of benami transactions as therein specified which were entered into either before ..... new bank. the expression 'undertaking' shall include all assets, rights, powers, authorities and privileges, and all property, movable and immovable, cash balances, reserve fund investments and all other rights and interests arising out of such property as are immediately before the commencement of the ordinance in the ownership, possession, power or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... economic and social programme the state is to own or control the key industries and services, mineral resources, railways, waterways, shipping and other means of public transport. in 1945 the working committee said that the concentration of wealth and power in the hands of individuals and groups was to be prevented. social control of ..... of a constitution. upon its existence and truthfulness, i.e. its correspondence with real and natural conditions, depends the question as to whether the state shall develop with peaceable continuity or shall suffer alterations of stagnation, retrogression, and revolution. a constitution, which may be imperfect and erroneous in its other parts, can be ..... same." article 29(2) provides that "no person shall be denied admission into any educational institution maintained by the state or receiving aid out of state funds on grounds only of religion, race, caste, language or any of them.135. article 30 gives further rights to minorities whether based on religion or .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC1389; (1974)1SCC717; [1975]1SCR173
..... that educational institutions have existed with vigour and excellence without state recognition or affiliation. in europe unaffiliated academies have made great contribution to the development of science and humanities. in pre-independent india there were a number of unaffiliated and unrecognised educational institutions of good repute. one of ..... the motilal nehru medical college, allahabad, which is a constituent college of that university, is not subject to such control. while the selection .committee selecting teachers to the associate colleges consists of certain university authorities, the selection of teachers to the constituent colleges is made wholly by the u. ..... and administer its educational institutions is, obviously, inevitable and undeniable. thus, unless the state could punish lawlessness within an institution or misappropriation of funds by its trustees or prevent abuse of its powers over teachers or other employees by a managing body of an educational institution, whether the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1207; 1976CriLJ945; (1976)2SCC521; [1976]SuppSCR172; 1976(8)LC610(SC)
..... :it is clear enough that high echelon administrators are understandably impatient with the restraints imposed upon them by the traditional concept of the rule of law as developed by dicey. administrators deal with the implementation of highly technical and complex matters involving the immediate interests of many citizens. to accomplish this they are granted ..... believing the state to be threatened by traitorous conspiracies, once more sought power to countermine treason by powers beyond the law.relying upon the report of a secret committee, mr. pitt moved 'for a bill to empower ins majesty to secure and detain persons suspected of conspiring against ins person and government. he justified this ..... 1772], 16 cr. pract.289 lord mansfield dealt with a case of a negro named sommersett,: who was being taken in a ships to jamaica for sale in a slave market. when the ships-anchored at london port, a habeas corpus petition was presented by some englishmen who were moved by the yelling and cries of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1977SC915; (1977)2SCC548; [1977]2SCR790
..... the easy possibility of judicial solecism when courts wear legal blinkers while adjudging questions of agronomics, national reconstruction and sociological programmes in the setting of developing countries. professional innocence of current economics, anthropology and sociology, in essentials, while rendering constitutional verdicts on developmental laws, is forensic guilt.36. in ..... is the result of the hierarchical agrarian organisation. the harijan serfdom or dalit proletarianism can never be dissolved without a radical redistribution of land ownership. development strategies, income diffusion programmes and employment opportunities, why, even the full realisation of the social and economic potential of the 'green revolution' demand ..... the fixing of the ceiling, the aggregate area held by all the members of the family should be taken into account;' report of the committee on 'size of holdings set up by the panel on land reforms and the other was that taking the family as a unit and .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC597; (1978)1SCC248; [1978]2SCR621
..... suffers total eclipse. the universal declaration of human rights, the resurgence of international fellowship, the vulnerability of freedoms even in democracies and the rapid development of an integrated and intimately interacting 'one-world' poised for peaceful and progressive intercourse conditioned their thought processes. the better feeling of the british ..... statutes, twelfth edition, at p. 169, while dealing with the territorial application of british legislation has stated :it has been said by the judicial committee of the privy council that : 'an act of the imperial parliament today, unless it provides otherwise, applies to the whole of the united kingdom ..... the constitution (1964 ed.) at page lin states the position thus : 'parliament normally restricts the operation of legislation to its own territories, british ships wherever they may be being included in the ambit of territory.-parliament does on occasions, however, pass legislation controlling the activities of its own citizen .....
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