Judgment Search Results Home > Cases Phrase: state of nagaland act 1962 Page 1 of about 251 results (0.077 seconds)

Welfare Association and ors. Vs. the State of Nagaland and ors.

Court : Supreme Court of India

..... a new state - state of nagaland - was formed by the state of nagaland act, 1962 (for short, `the 1962 act') which came into force on december 1, 1963 comprising the territories which immediately before the appointed day were comprised in the naga hills - tuensang area of the state of assam. ..... in 1991, nagaland retirement from public employment act, 1991 (for short, `the 1991 act') was enacted by the state legislature which came into force on june 18, ..... by nagaland retirement from public employment (amendment) act, 2007 (for short, `ist amendment act, 2007), the superannuation age of the government employees in the state was enhanced from 57 years to 60 years with effect from november 15, ..... on the contentions outlined above, the question that arises for consideration is : whether the impugned provision that prescribes retiring the persons from public employment in the state of nagaland on completion of 35 years' service from the date of joining or until attaining the age of 60 years, whichever is earlier, is arbitrary, irrational and violative of articles 14 and 16 of the ..... in the light of the foregoing considerations, we hold that a provision such as that at issue which prescribes retiring the persons from public employment in the state of nagaland on completion of 35 years' service from the date of joining or until attaining the age of 60 years, whichever is earlier, does not suffer from the vice of arbitrariness or irrationality and is not violative of articles 14 and 16 of the .....

Shah Newaz Khan Vs. The State Of Nagaland

Court : Supreme Court of India

..... in 1962, by an act of parliament titled the state of nagaland act, 1962 (for brevity the 1962 act ), the state of nagaland was formed. ..... if a situation of the nature contemplated by article 228 does exist, the principal seat of the gauhati high court at guwahati may withdraw such case from any of the three states of nagaland, mizoram and arunachal pradesh and decide which of the two courses of action is to be opted. ..... 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. ..... the states of assam and nagaland by reason of the provisions of the 1962 act, then the 1971 act and finally the amendment act have the gauhati high court as their common high court and it is the gauhati high court that enjoys power of judicial superintendence over all courts within the territories of these two states. ..... provided that on and from the commencement of the north-eastern areas (reorganisation) and other related laws (amendment) act, 2012, the common high court shall be the high court for the states of assam, arunachal pradesh, mizoram and nagaland and shall cease to have its jurisdiction, powers and authority for the states of meghalaya, manipur and tripura.24. .....

State of Nagaland Vs. Ratan Singh, Etc.

Court : Supreme Court of India

Reported in : AIR1967SC212; 1967CriLJ265; [1966]3SCR830

..... state of nagaland was formed by the state of nagaland act, 1962 (27 of 1962 ..... we do not think that such a state of affairs should continue indefinitely when the state of nagaland act itself gives sufficient powers to remove difficulties ..... state of nagaland act which enables the president, by order, to remove any difficulty to give effect to the provisions of the state of nagaland act. ..... the state of nagaland was to be in accordance with the provisions of state of nagaland act. ..... the state of nagaland act also deleted all references to the naga hills-tuensang area from ..... , tribunals and authorities discharging lawful functions were continued as before unless their continuance was inconsistent with the state of nagaland act. ..... the proceedings and issued a writ of mandamus directing the additional deputy commissioner and the state of nagaland not to proceed under the rules of 1937 with the trial of the accused before ..... there are appeals by the state of nagaland against the judgment and order of the high court of assam and nagaland, august 26, 1965, by which the high court, allowing certain writ petitions filed by the respondents, issued a writ of mandamus directing the additional deputy commissioner, kohima and the state of nagaland, not to proceed with the trial ..... laws in force, immediately before the appointed day, in the naga hills-tuensang area shall continue to be in force in the state of nagaland until altered, repealed or amended by a competent legislature or other competent authority. .....

In Re Article 370 Of The Constitution

Court : Supreme Court of India

..... . 350 bombay reorganisation act 1960 351 state of nagaland act 1962 352 north-eastern areas (reorganisation) act 1971 353 assam reorganisation (meghalaya) act 1969 354 punjab reorganisation act 1966 355 madhya pradesh reorganisation act 2000 356 constitution (thirty-sixth amendment) act 1975 338 part e pradesh.357 similarly, jharkhand was carved out of the state of bihar.358 most recently, the state of telangana was carved out of the state of andhra pradesh.359499 ..... . union of india, (2023) 9 scc1340 state of mizoram act 1986; state of arunachal pradesh act 1986 341 laccadive, minicoy and amindivi islands (alteration of name) act 1973 342 constitution (twelfth amendment) act 1962 343 constitution (fourteenth amendment) act 1962 335 part e chandigarh was also made a union territory.344 a couple of decades later, the state of goa was formed with the enactment of the goa, daman and diu reorganisation act 1987 ..... . 311 part e the delimitation commission act, 1962, in accordance with such procedure as the commission may deem fit; the constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience; the constituencies into which the state is divided shall not comprise the area under the occupation of pakistan; and until the dissolution of the existing .....

Md. Abdul Gani and ors. Vs. Election Commission and anr.

Court : Kolkata

Reported in : AIR1986Cal124

..... be as determined by the order of the election commission made under the provisions of the state of nagaland act, 1962; and the extent of each assembly constituency in each of the states of haryana, punjab and himachal pradesh shall be as determined by the order of the delimitation commission made under the provisions of the punjab reorganisation act, 1966, and the extent of each assembly constituency in any other state shall be as determined by the order of the delimitation commission made under the provisions of the delimitation ..... in sub-section (4), the extent of all parliamentary constituencies in each of the states of haryana, punjab and himachal pradesh shall be as determined by the order of the delimitation commission made under the provisions of the punjab reorganisation act, 1966, and the extent of all other parliamentary constituencies shall be as determined by the orders of the delimitation commission made under the provisions of the delimitation commission act, 1962, or, as the case may be under the provisions of the government of union territories .....

G. Prasada Rao Vs. Election Commission of India, New Delhi and ors.

Court : Andhra Pradesh

Reported in : AIR1983AP325

..... 371-a and sub-sec (1) of section 11 of the state of nagaland act, 1962 (27 of 1962), in relation to the union territories except delhi ss. ..... the extent of any constituency as given in such order) having regard to the provisions of articles 81, 170, 330 and 332 of the constitution,of section 8 of the delimitation act, and of this act, for the purpose of giving proper representation to the scheduled castes or as the case may be to the scheduled tribes of that state on the basis of the number reserved seats as specified in that order as hereunder amended by the commission and the first schedule and second schedule to the ..... readjustment of number of seats;- the commission shall, on the basis of hte latest census figures and having regard to the provisions of articles 81, 170, 330 and 332 and also in relation to the state of nagaland clause (2) (h) of art. ..... shall, in the manner herein provided,then distribute the seats in the house of the prople allocated to each state and the seats assigned to the legislative assembly of each state to single-mamber territorial constituencies and delimit them on the basis of the latest census figures having regard to the provisions of the constitution and the provisions of the acts specified in section 8 and also to the following provisions namely - (a) all constituencies shall as far as practicable, be geographically .....

Edwingson Bareh Vs. State of Assam and ors.

Court : Supreme Court of India

Reported in : AIR1966SC1220; [1966]2SCR770

..... been deleted by the state of nagaland act, 1962 (27 of 1952)]. 49 ..... the law the governor has been given the power to repeal or amend any act of parliament or of the legislature of the state or any existing law which is for the time being applicable to the area ..... paragraph 5 the governor is authorised to direct by public notification that any particular act of parliament or of the legislature of the state shall not apply to a scheduled area or any part of the scheduled area in the state and in applying the law the governor can make such exceptions and modifications as ..... check is supplied by the governor and the legislature of the state comes into picture only when the governor takes action against the councils to revoke their acts or resolutions or dissolves them and takes over the administration ..... deal with the publication of laws, rules and regulations made under the schedule; and the application of acts of parliament and of the legislature of the state to autonomous districts and autonomous regions respectively. ..... he could also direct the application of an act of parliament or of the legislature of the state with such exceptions and modifications as he thought fit and unless he applied it the law was in applicable in ..... paragraph 12 provides that no act of the legislature of the state in respect of which the district or regional councils have power to make law shall apply unless the district council by public notification directs and the district council can in so applying the law .....

Indian Carbon Limited Vs. Superintendent of Taxes, Gauhati and ors.

Court : Supreme Court of India

Reported in : AIR1972SC154; (1971)3SCC612; [1972]1SCR316; [1971]28STC603(SC); 1971(III)LC817(SC)

..... 1, 1964 no sales tax was levied or was payable by the company on the sale of petroleum coke because in schedule 3 of the assam sales tax act 1947, hereinafter called the 'assam act', which enumerated the goods on which tax was not payable, entry 7 read 'coal, coke and coalgas'. ..... we do not consider that when the parliament used the word 'coke' in section 14(i) of the central act it had any intention to give it a meaning other than the ordinary dictionary meaning which would cover petroleum ..... section 15(1) of the central act as it stood at the relevant time was in the following terms:section 15 every sales tax law of a state shall, in so far as it imposes or authorises the imposition of a tax on the sale or purchase of declared goods, be subject to the following restrictions and conditions, namely:(a) the tax payable under that law in respect of any sale or purchase of such goods inside the state shall not exceed (two per cent) of the sale or purchase price ..... of a letter dated july 7, 1964 the superintendent of taxes, assam, informed the company that the petroleum coke and gas were taxable at the rate of 5 np in a rupee under the assam act and directed the company to submit the return for all the periods prior to september 1, 1964 and also apply for registration under the assam act for the sale of petroleum coke within the state of assam. ..... is an appeal by certificate from a judgment of the assam and nagaland high court.2. ..... started its business on november 17, 1962 for the first time. .....

Sewbalakram and Co. Vs. Commissioner of Income-tax

Court : Guwahati

..... principles of law discussed above, we are of the opinion that the element of mens rea has not been dispensed with, either expressly or impliedly, and is to be read into the penalty proceeding under section 18(1)(a) of the act.consequently, to justify imposition of penalty, onus is on the department to establish prima facie by producing some evidence that the assessed is liable to payment of penalty for default to file the return within time by conscious disregard ..... barua, the learned counsel for the assessee, submits, inter alia, that the tribunal was not right in upholding the levy of the penalty under section 271(1)(a) of the act inasmuch as the ito did not give any opportunity to the assessee to adduce evidence before holding that the ground shown was not proved and it did not constitute a reasonable ..... file the return within the required time in the absence of any reasonable cause may be said to indicate the reprehensible state of mind or the assessee's mens rea or attitude of the mind ; and he may be said to have committed a forbidden or reprehensible act or default or omission with that reprehensible condition of mind. ..... a notice under section 139(2) was issued on december 12, 1962, requiring the assessee to file a return within 30 days, but no return was filed and a notice under section 274 read with section 271(1)(a) was issued on february 8, 1963, asking the assessee to show ..... stated, the assessee is a registered firm with its principal place of business at kohima, nagaland. .....

Indian Carbon Ltd. Vs. Superintendent of Taxes, Gauhati and ors.

Court : Supreme Court of India

Reported in : (1973)2CTR(SC)459

..... writ petition shall stand allowed only to the extent that the state will be entitled to levy tax under the assam act not exceeding the rate given in cl. ..... we do not consider that when the parliament used the word 'coke' in section 14(i) of the central act it had any intention to give it a meaning other than the ordinary dictionary meaning which would cover petroleum ..... it has been claimed on behalf of the appellant that by virtue of the provisions of the central sales tax act 1956, hereinafter called the 'act', the rate at which the tax would be payable is 2 paise per rupee.4. ..... 14 which reads 'coal including coke in all its forms' the state was not competent to levy tax at a rate exceeding the one given in ..... september 1, 1964 no sales tax was levied or was payable by the company on the sale of petroleum coke because in schedule 3 of the assam sales tax act 1947, hereinafter called the 'assam act', which enumerated the goods on which tax was not payable. ..... means of a letter dated july 7, 1964 the superintendent of taxes, assam informed the company that the petroleum coke and gas were taxable at the rate of 5np in a rupee under the assam act and directed the company to submit the return for all the periods prior to september 1, 1964 and also apply for registration under the assam act for the sale of petroleum coke within the state of assam. ..... this is an appeal by certificate from judgment of the assam and nagaland high court.2. ..... started its business on november 17, 1962 for the first time. .....