Court : Punjab and Haryana
Reported in : [2005]139STC51(P& H)
..... punjab, dated may 27, 2003 in the present writ petition whereby the petitioner has been directed to deposit 25 per cent of the tax demand, on the strength of the punjab general sales tax (third amendment) act, 2000, raised by the assessing authority.3. ..... the amended act has not given retrospective effect to the provisions of section 20(5) of the punjab general sales tax act, 1948, either expressly or by ..... commenced prior to the amendment of the punjab general sales tax act, 1948, the provisions as it existed prior to the amendment would be applicable.10. ..... 's case [1983] 53 stc 112 is solely based on the judgment of the honourable supreme court in hardeodas jagannath's case air 1970 sc 724, as well as a division bench judgment of this court in subhash chander & ..... of section 20(5) of the punjab general sales tax act, 1948 regarding the entertainment of appeal prior to amendment on april 7, 2000 read as under :'20(5). ..... retrospective effect is sought to be given, therefore, the effect of repeal of the hgst act is required to be examined with reference to section 4 of the punjab general clauses act, 1898 (as applicable to the state of haryana).section 4 of the punjab general clauses act, 1898 (as applicable to the state of haryana) is the relevant provision of law in such a situation where the subsequent act while repealing the old act has not provided for any retrospective operation of the new act either expressly or by implication. ..... of another constitution bench in hardeodas jagannath v. .....
Tag this Judgment!Court : Chennai
Reported in : II(1990)DMC574
..... respect of that marriage under this act and whether or not the marriage is held to be void otherwise than on a petition under this ..... section 16 of the hindu marriage act, 1955 was amendment by the marriage laws of amendment act, 1976, with effect from 27-5-1976 to the following effect :'(1) notwithstanding that a marriage is null and void under under section 11, any child of such marriage who would have been legitimate if the marriage had been valid, shall be legitimate, whether such child is born before or after the commencement of the marriage laws (amendment) act, 1976, and whether or not a decree of nullity is granted in ..... trial court dismissed the suit by holding that raju mudaliar married first defendant on 7-5-1949 at thiruvanmiyur temple, and the said marriage was not void under madras act 6 of 1949, and that the plaintiff, defendants, raju mudaliar and his mother were all living together as one family, and that during the life time of raju mudaliar, the status of the first defendant ..... . limbabai air 1983 bom 223 in dealing with the amended section 16, it was held that this provision contemplates disability suffered by such children as far as the property of their parents is concerned .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2008KAR4055
..... the object and reason behind the amendment act was that, every effort should be made to expedite the disposal of civil suits and proceedings so that justice may not ..... is high time in the interest of speedy disposal of cases, these rules are implemented; once implemented, in course of time, lawyers and litigants would fall in line.in order to implement these statutory provisions as amended, what is required is a change of mind set among the judges and they must have the courage to depart from the practice which is in vogue. ..... -rule (1) and (2) of rule 1 of order xvii was amended substantially by the code of civil procedure (amendment) act, 1999. ..... in spite of this provision if the judges do not understand the significance and importance of these amendments and allow the parties to control the course of litigation, it only shows either lack of will on their part to implement these statutory provisions or their inability to give effect to these ..... 92/3 has been fenced by constructing a compound wall, there are temples constructed by the defendant and they exclusively belong to the family of ..... only shows, in the 17 guntas of land owned by the defendant, he has constructed a temple and he has formed a layout. ..... from that admission it is contended that the plaintiff is not in possession and the defendant has constructed the temple and therefore, he is in possession. ..... he admits the existence of a temple, which is not the subject matter ..... the temples are the family temples and his family members are .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(2)ALT607
..... the dates from which some of the provisions are deemed to have come into force when we refer to those provisions'.para 35: by section 2 of the amending act, original section 11(1) which declared that the gram panchayats, taluqa panchayats, district panchayats, gram sabhas, nagar panchayats and conciliation panchas shall constitute the panchayat organisation ..... view to be taken by us in these applies should apply, proprio vigore, to all casual labourers of the forests department or any other department of the government.we wish to say further that if shri bhandare's submission is taken to its logical end, the justification for paying even minimum wages could wither away, leaving any employer, not to speak of model employer like the state, to exploit unemployed persons ..... kondhare, air 1996 sc 2898 the supreme court held as thus:'in so far as the financial strain on state exchequer is concerned, which submission is sought to be buttressed by shri dholakia by stating that in the forests department itself the casual employees are about 1.4 lakhs and if all of them were to be regularised and paid at the rate ..... keshav lal, : (1983)illj284sc had an occasion to consider the gujarat panchayat act 28/78 (3rd amendment) and declared as ..... to bear in mind this contention of shri dholakia as the same has been ..... be fair to shri bhandare it may, however, be stated that the learned counsel did not extend his submission this far, but we find it difficult to limit the submission of shri bandare to .....
Tag this Judgment!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
..... 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 corruption laws ..... was not comprehended in the definition of 'public servant' in section 21 ipc and that the amendments introduced in section 21 ipc by the amendment act of 1964 did not bring about any change. ..... paid or promised the member would speak or give his vote in parliament in a particular manner and he speaks and gives his vote in that manner as per the wide meaning suggested by shri rao for the expression 'in respect of, the immunity for prosecution would be available to the member who has received illegal gratification under such an agreement for speaking or giving his vote and who ..... or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remunerations, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person, with the central government ..... , : [1983]1scr1000 , this court has laid down:-'no one may speak .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(3)JKJ25[SC]; JT2004(8)SC77; 2004(8)SCALE348; (2004)12SCC634
..... of the baridars that repeal of articles 19(1)(f) and 31 of the constitution of india by the constitution (forty-fourth) amendment act, 1978, w.e.f. ..... by excluding a challenge on the ground that the compensation provided by the law was not adequate, the 4th amendment removed the restriction on legislative power in the sense that for the law to be valid it was no longer obligatory to provide for the payment of ..... 20.6.1979, does not apply to the state of jammu & kashmir, the right to property continued to be a fundamental right of the residents of jammu & kashmir; the 1988 act made no provision for payment of compensation or guidelines for determination of compensation to baridars, whose rights are extinguished; the board being a controlled corporation, is an arm of the government; all the properties of the ..... three kinds of persons: (i) baridars -- their rights stand extinguished on the coming into force of the 1988 act, (ii) employees of the dharmarth trust -- they become employees of the board on the commencement of the 1988 act, (iii) shopkeepers and other lease holders, who were tenants -- they become the tenants of the board.18 ..... , is an ex-service man who claims that in the year 1983, he became the tenant of a shop premises let out to him by shri mata vaishno devi dharmarth trust at an annual rent of rs ..... visiting the shrine became unmanageable, there were complaints with regard to administration and management of the temple, and the facilities made available for the pilgrims. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC2334; 2007(3)CTC574; 139(2007)DLT506(SC); JT2007(6)SC25; 2007(5)MhLj545; (2007)4MLJ660(SC); 2007MPLJ205(SC); RLW2007(3)SC2325; 2007(5)SCALE236; (2007)5SCC231; 2007AIRSCW4040; 2007(3)KCCRSN181
..... however, in a case where the said declaration was published before the commencement of the land acquisition (amendment) act, 1984 the award must be made within a period of two years from such commencement. ..... similarly, section 28a was also inserted by the amendment act of 1984 with effect from the same date ..... high court by the impugned judgment dismissed the writ petition filed by the petitioner on february 13, 2003 whereafter the award was pronounced on march 1, 2003.we may notice that the land acquisition (amendment) act, 1984 came into force w.e.f. ..... calculated the award ought to have been made on or before the 23rd september, 1986 when the period of 2 years from the commencement of the amendment act, 1984 expired. ..... a few broad facts may be noticed at the threshold to appreciate the contentions urged on behalf of the parties in these appeals.a notification under section 4 of the land acquisition act (hereinafter referred to as 'the act') was issued by the lieutenant governor of delhi on january 23, 1965 for acquisition of lands measuring 6241 bighas 12 biswas in village mahipalpur which was required for a public purpose, namely - planned development of ..... it also appears from the record that the notice issued under section 9(1) of the act on june 22, 1983 was challenged in several writ petitions filed before the high court in which an interim order was passed directing maintenance of status quo with regard to possession of the lands but permitted the acquisition proceeding to ..... shri .....
Tag this Judgment!Court : Chennai
Reported in : AIR1952Mad419; (1952)IMLJ308
..... a suit for partition the share to which his alienor would be entitled.the learned editor of mayne's hindu law at page 499, latest edition, expressed the opinion that since by virtue of the transfer of property (amendment) act, 1929, the section is made applicable to hindus and buddhists by omitting the words "hindu or buddhist" in the concluding portion of section 2 of the principal ..... khetra doss', 31 mad l j 275, it was decided by this court that section 44 of the transfer of property act, before the amendment of that act by the transfer of property (amendment) act of 1929 had not the effect of overriding the hindu law and would not entitle the alienee from a member of the joint hindu family to claim joint possession of the alienor's share as a tenant ..... these principles are not in any manner and to any extent affected or altered by section 44 (section 37) of the transfer of property (amendment) act and section 2 of the principal act.the last clause in the section relating to the transfer of a dwelling house cannot be treated as indicating that the "co-owner" referred to in the opening words of the section is applicable to an alienee from an undivided coparcener ..... 493 of the latest edition) that the result of the amendment of the act in 1929 is that :"while the transferee of a share of a dwelling house belonging to an undivided family is not entitled to joint possession, the transferee of a share of other immoveable property is entitled to joint possession and enjoyment; he would .....
Tag this Judgment!Court : Mumbai
Reported in : 2006(6)ALLMR401; 2006(6)BomCR673
..... (i) the first submission is that under the maharashtra private security guards (regulation of employment and welfare) (amendment) act, 1981 ('the said act' for short), as it stood prior to this amendment and as it was interpreted by the courts, the agencies or the contractors were not permitted to provide the security guards and that the employment of the security guards who ..... for the petitioners that prior to the passing of the impugned amended act, there was no scope for the security agencies to provide ..... the second submission of the petitioners is that the amending act is repugnant to the provisions of contract labour (regulation and abolition) act, 1970, it has not been reserved for the assent of the president and, therefore, the same may be declared unconstitutional on the touch-stone of ..... after consulting the advisory committee, by notification in the official gazette, and subject to such conditions and for such period as may be specified in the notification, exempt from the operation of all or any of the provisions of this act or any scheme made thereunder, all or any class or classes of security guards employed by the agency or agent as may be specified in the notification and deployed in any factory or establishment or in any class or classes of ..... will not be enforced against those petitioners till the end of january 1983 and that the government should dispose of those applications by that date ..... inference from the affidavit of one shri rajadhyaksha filed on behalf of the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1997(5)ALT69; [1998]108STC135(AP)
..... 27 of 1996 [andhra pradesh general sales tax (amendment) act, 1996] in so far as it amends the first schedule of the principal act increasing the rate of tax leviable on drugs nd medicines from 9 per cent to 10 per cent and on pesticides and insecticides, etc. ..... it has been argued that though the amendment act was gazetted on october 17, 1996 yet it was not made available till october 31, 1996 and hence the law cannot be said to be operative until october 31, 1996 and that as such the levy from october 17, 1996 to ..... in the judgment the court had held that the benefit of the constitution (46th amendment) act which had been extended by way of adoption by the apgst act, 1957 up to september 13, 1985, was available to the dealers provided they satisfied the appropriate authority that they came within the exemption of section 6 of the constitution (46th amendment) act. ..... murthy where it was observed that the incidence of sales tax is ordinarily passed on to the customer and in the event of accepting the retrospective amendment a liability would be created without affording any opportunity to the assessee to pass on the incident of the tax and in such circumstances, there was no justification for review of the judgment it had earlier rendered. ..... on the other hand, we may refer to the case of jagannath baksh singh v. ..... state of punjab : [1983]2scr1009 is a case where the retrospective levy made under the punjab motor vehicles taxation act, 1924 was in question. ..... shri krishna enterprises v. .....
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