Court : Supreme Court of India
..... another three-judge bench of this court invalidated section 17(2) of the securitization and reconstruction of financial assets and enforcement of security interest act, 2002 for being unreasonable and arbitrary.186. in natural resources ..... aim. the extent of interference must be proportionate to the need for such interference and there must be procedural guarantees against abuse of such interference. 81 dr. justice d.y. ..... by the court, though pro tempore in nature as clarified supra, are entitled to due weight. if the legislature in utter disregard of the indicators enunciated by this court proceeds to make ..... standard to both the rights (as purposes) to determine if the means used are suitable, necessary and proportionate to the fundamental rights. the union of india submitted that clause 7(4) of the electoral bond scheme balances the right to information of the voter and the right to informational privacy of the contributor. clause 7(4) stipulates that the information furnished by the buyer shall be treated as confidential by the authorized bank. the bank has to disclose the information when it is demanded by a competent court or upon the registration of a criminal case by a law enforcement agency. it needs to be analyzed if the measure ..... 54. in common cause (a registered society) v. union of india,73 this court dwelt on the ostentatious use of money by political parties in elections to further the prospects of candidates set up by them. justice kuldip singh 71 (1975) 4 scc12772 1985 .....
Tag this Judgment!Court : Supreme Court of India
1 REPORTABLE IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) No.373 OF2006Indian Young Lawyers Association & Ors. The State of Kerala & Ors. VERSUS Petitioner(s) Respondent(s) JUDGMENT Dipak Misra, CJI (for himself and A.M. Khanwilkar, J.) Introduction The irony that is nurtured by the society is to impose a rule, however unjustified, and proffer explanation or justification to substantiate the substratum of the said rule. Mankind, since time immemorial, has been searching for explanation or justification to substantiate a point of view that hurts humanity. The theoretical human values remain on paper. Historically, women have been treated with inequality and that is why, many have fought for their rights. Susan B. Anthony, known for her 2 feminist activity, succinctly puts, Men, their rights, and nothing more; women, their rights, and nothing less. It is a clear message.2. Neither the said message nor any kind of philosophy has opened up the large popul...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1983SC1246; 1983(2)SCALE422; (1983)4SCC353; [1983]3SCR843
A.P. Sen, J.1. These petitions under Article 32 of the Constitution principally lay a challenge to the constitutional validity of the increase in the rate of market fee levied by the market committees in the State of Andhra Pradesh under Sub-section (1) of Section 12 of the Andhra Pradesh (Agricultural Produce and Livestock) Markets Act, 1966 ('Act' for short) from 50 paisa to rupee one on every one hundred rupees of the aggregate amount for which the notified agricultural produce, livestock or products of livestock are purchased or sold in their respective notified market areas on the ground that there was no quid pro quo i. e. there was no correlation between the increase in the rate of market fee and the service rendered.2. There are also certain subsidiary questions raised in these petitions viz. : As to (1) The constitutional validity of Sub-section (6) of Section 7 of the Act which prohibits the carrying on of any transaction of purchase or sale of notified agricultural produce, ...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC218; 1984(2)SCALE769; (1985)1SCC345; [1985]2SCR72; [1986]62STC130(SC)
O. Chinnappa Reddy, J.1. The appellants, who are traders engaged in the purchase and sale of agricultural produce, appear to be a determined lot. For over a decade, they or those similarly placed have been litigating and impeding the levy and collection of market fee by the Market Committees constituted under the Punjab Agricultural Produce Markets Act. Some times they have been successful, sometimes they have not. One of the occasions when they appeared to be successful was when this Court in Kewal Kirshnan Puri v. State of Punjab : [1979]3SCR1217 declared that 'the enhancement of the fee from 2% to 3% was illegal. The court while striking down the enhancement of the fee laid down no new principle but made certain general observations which, we regret to say, have been so misunderstood and misinterpreted as to lead to some confusion and public mischief. The misunderstanding and confusion have also naturally led to more litigation. Fortunately, in Sreenivasa General Traders v. State of...
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(96)ECC97; 2004(171)ELT433(SC); JT2004(7)SC409; 2004(7)SCALE540; (2004)7SCC591
..... section 4 of the act. the retail sale price was defined in the notifications as 'the maximum price (exclusive of local taxes) at which the packet of cigarettes may be sold in accordance with the declaration made on such package by the manufacturers'.2. according to the appellant, the 'declaration' referred to in the 1983 and 1985 notifications was the printed price which was in any event required to be printed on each cigarette packet by virtue of the standards of weights and measures act, 1976 (referred to hereafter as the swm act) as well as the standard weights & measures ..... price higher than the declared printed price amounts to an infringement of the standards of weights and measures (packed commodities) rules, 1977 which is being enforced by the state governments and the union territories. the committee have been ..... itc that what has been held by the court in the case is not as such binding on the adjudicator'.17. even before the tribunal the stand taken by the department was not that the issue relating to the interpretation of ..... procedure for the collection of tax.27. this has been held in gursahai saigal v. commissioner of income tax, punjab : [1963]1itr48(sc) . the case related to the interpretation of section 18a (6) of the indian income tax act, 1922. under sub-section (1) of section ..... 54. the tribunal itself noted that the intention underlying the notification was to get over 'hassles arising on the question of determination of assessable value under section 4(1)(a) of the act .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2004SC4016; 2005(5)ALLMR(SC)353; (2004)3CompLJ199(SC); JT2004(4)SC181; 2004(3)SCALE396; (2004)12SCC118
Y.K. Sabharwal, J. 1. The main question to be examined in these matters is whether the mining activity in area upto 5 kilometers from the Delhi-Haryana border on the Haryana side of the ridge and also in the Aravalli hills causes environment degradation and what directions are required to be issued. The background in which the question has come up for consideration may first be noticed.2. The Haryana Pollution Control Board (HPCB) was directed by orders of this Court dated 20th November, 1995 to inspect and ascertain the impact of mining operation on the Badkal Lake and Surajkund - ecologically sensitive area falling within the State of Haryana. In the report that was submitted, it was stated that explosives are being used for rock blasting for the purpose of mining; unscientific mining operation was resulting in lying of overburden materials (topsoil and murmur remain) haphazardly; and deep mining for extracting silica sand lumps is causing ecological disaster as these mines lie un re...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC2178; JT1993(1)SC474; 1992(2)SCALE703; (1993)1SCC645; [1993]1SCR594
ORDER1. We have had the benefit of going through the two judgments of our learned Brothers B.P. Jeevan Reddy and S. Mohan, JJ. We are in agreement with the judgment of Brother B.P. Jeevan Reddy, J. except to the extent indicated below.2. The question which arose in the case of Miss Mohini Jain v. State of Karnataka: : [1992]3SCR658 , as also in the present cases before us, is whether a citizen has a Fundamental Right to education for a medical, engineering or other professional degree. The question whether the right to primary education, as mentioned in Article 45 of the Constitution of India, is a Fundamental Right under Article 21 did not arise in Mohini Jain's case and no finding or observation on that question was called for. It was contended before us that since a positive finding on that question was recorded in Mohini Join's case it becomes necessary to consider its correctness on merits. We do not think so.3. Learned arguments were addressed in support of and against the afores...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC2920; JT2005(6)SC79; (2005)5SCC665
G.P. Mathur, J.1. This writ petition under Article 32 of the Constitution of India has been filed by way of public interest litigation for declaring certain provisions of the Illegal Migrants (Determination by Tribunals) Act, (Act No. 39 of 1983) 1983 as ultra vires the Constitution of India, null and void and consequent declaration that the Foreigners Act, 1946 and the Rules made thereunder shall apply to the State of Assam. The second prayer made is to declare the Illegal Migrants (Determination by Tribunals) Rules, 1984 as ultra vires the Constitution of India and also under Section 28 of the aforesaid Act and, therefore, null and void. Some more reliefs have been claimed which will be referred to at the appropriate stage. The respondents to the writ petition are the Union of India and the State of Assam. 2. The case set up in the writ petition is that the petitioner is a citizen of India and is ordinarily resident in the State of Assam. He is a former President of the All Assam Stu...
Tag this Judgment!Court : Supreme Court of India
Reported in : (2008)7MLJ64(SC); 2008(10)SCALE567; (2008)9SCC243; 2009(1)SLJ1(SC); 2008AIRSCW6564; 2008(4)LH(SC)2993
..... applications under section 19 of the administrative tribunals act, 1985 for quashing the instructions ..... without subjecting the incumbents of the posts to normal selection procedure whereas the additional posts becoming available in other cadres ..... director general, research, designs and standards organisation or any other authority to whom ..... observed as under:reservation of posts and all other measures designed to promote the participation of the scheduled castes and ..... days, also of temporary posts.17. in dr. chakradhar paswan v ..... grade `a' (special-ii) (54 posts). some more posts of ..... 1985 for reservation of posts for scheduled castes and scheduled tribes.40. the policy contained in railway board's letter dated 25.6.1985 was considered by allahabad bench of the tribunal in case bearing registration ..... act.we may emphasize the words 'and any rules so made shall have effect subject to the provisions of any such act,' which must receive their due weight ..... act; but, in the absence of any act, of the appropriate legislature, on the matter, `in our opinion, the rules, made by the president, or by such person as he may direct, are to have full effect, both prospectively, and, retrospectively. apart from the limitations, pointed out above, there is none other, imposed by the proviso to article 309, regarding the ambit of the operation of such rules. in other words, the rules, unless they can be impeached on grounds such as breach of part iii, or any other constitutional provision, must be enforced .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3127; JT2006(8)SC1; 2006(8)SCALE257; (2006)7SCC1
..... 80 and article 84 of the constitution as also in sections 17, 18 and 19 of the rp act, 1950 and in section 3 of the rp act, 1951, which scheme guarantees the representative character ..... by the constitution (fifty-second amendment) act, 1985, with effect from 1st march 1985. the purpose of the said amendment as declared ..... assent.the above provision shows that subject to some conditions and procedural requirements, the parliament is competent to amend the constitution except, inter ..... leave it to the appropriate legislature to define the necessary standards later. whatever qualifications may be prescribed, one of ..... therefore regulate the manner in which the right has to be enforced or the remedy for enforcing it. similar view was expressed by this court ..... are enough considerations or qualifications. these considerations undoubtedly are certainly of more weight than transitory or often illusory concept of 'residence'. this court ..... registration which had been put into place by the commission. this case is different, however, because the alleged disenfranchisement is said to arise from the terms of the statute and not from the acts or omissions of the agency charged with implementing the statute.[24] o'regan j in her dissenting judgment measures ..... act.mr. rao also placed reliance on british amusements catering trades association v. west minister city council (1988) 1 all er 740, 745 d.e. (h.l.), a judgment that is said to have followed the case referred to in the preceding paragraph.54 .....
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