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Chirayinkeezhu A. Babu Vs. Delimitation Commission

Court : Kerala

Reported in : 2010(2)KLJ957

..... order 1976, as made applicable pursuant to the orders made by the president under section 10a of the delimitation act, 2002 (33 of 2002) relating to delimitation of parliamentary and assembly constituencies in the states of arunachal pradesh, assam, manipur and nagaland, and the provisions of section 10b of the said act relating to delimitation of parliamentary and assembly constituencies in the state of jharkhand, consolidate all such orders into one single order to be known as ..... our purpose, is extracted below:8(1) having regard to all the orders referred to in sub-section (5) of section 4 and sub-section (3) of section 7 relating to the delimitation of parliamentary and assembly constituencies, in all states and union territories, except the states of arunachal pradesh, assam, jharkhand, manipur and nagaland, made by the delimitation commission and published in the official gazette, the election commission shall-(a) after making such amendments as appear to it to be ..... shri murali purushothaman, learned standing counsel appearing for the respondents, submitted that in the light of section 8 of the representation of the people act, 1951 since the said order has the force of law, it cannot be challenged under article 329(a) of the constitution and therefore, in this writ petition, the same ..... after analysing the various provisions of the delimitation commission act, 1962, their lordships held thus in paras 19 and 20:(19) in our view, therefore, the objection to the delimitation of .....

State of Nagaland and anr. Vs. Uco Bank and ors.

Court : Guwahati

..... would appear from the materials on record that the state of nagaland have preferred an appeal before the debts recovery appellate tribunal, kolkata under section 20 of the recovery of debts due to banks and financial institutions act, for short, 'the act of 1993', with an application for condonation of delay ..... thereafter, the state of nagaland filed an application under section 22(2)(g) of the act of 1993 for setting aside the aforesaid order passed ..... context of the above constitutional provision, it has to be examined whether the recovery officer in exercise of powers under section 28 of the act of 1993 could have passed an order for deduction of moneys deposited in the consolidated fund of the state of nagaland. ..... it is the learned appellate tribunal which will address the question whether the state of nagaland is bound to discharge the liability of the company acquired by it by an act of the legislature and/or in terms of the order dated 11.5.1989 passed by the division bench in civil ..... the state of nagaland, in accordance with the provisions of section 20, preferred an appeal before the appellate tribunal in kolkata against the orders dated 15.7.2002 and 31.3.2003 passed by the learned tribunal with an interim prayer for stay of ..... state of bihar, respondents, air 1962 sc 955, in para 26, the supreme court held that if certain provisions of law construed in one way would make them consistent with the constitution, and another interpretation would render them unconstitutional, the .....

State Of Karnataka And Anr. Etc. Vs. State Of Meghalaya And Anr. Etc. ...

Court : Supreme Court of India

..... it was submitted on behalf of the state of nagaland that the impugned act in fact, seeks to impose a tax on lotteries organized by the government of india or by the government of any state 17 and that legislative competence to enact such statute could not be traced to entry 62 of list ..... learned senior counsel, sri venkataraman, appearing for the state of karnataka, in response to the submissions made on behalf of state of nagaland, stated that if the submission is that by virtue of entry 40 of list i, the union gains taxing power under entry 97 of list i, it would be a self- ..... learned senior counsel then addressed the submission raised by the state of nagaland that since the union is imposing tax on lotteries under the gst regime, the power of taxation would vest with the union even under the pre- ..... aryama sundaram, learned senior counsel appearing for the state of nagaland, the expression betting and gambling is a genus while the expression lottery is a species of betting ..... in the absence of any clarity in the charging provision as to what would be the taxable event and on a conjoint reading of section 7 and 8 of the impugned act, the only deduction that could be made would be that the event taxed was the sale of lotteries.34. ..... provisions of this article, shall, in respect of goods and services tax referred to in clause (5) of article 279a, take effect from the date recommended by the goods and services tax council.]. ..... this regard, reliance was placed on new delhi municipal council vs. .....

M/S. B.R. Enterprises Vs. State of U.P. and ors.

Court : Supreme Court of India

Reported in : AIR1999SC1867; JT1999(3)SC431; 1999(3)SCALE171; [1999]2SCR1111

..... he specifically referred to the condition as prevailing in nagaland, there being grave problem of law and order, hence the discrimination set up in section 4(g) so far in relation to the state of nagaland cannot be said to be in public interest. ..... thereafter, various state governments including the state of arunachal pradesh and nagaland as well as other distributors filed writ petition challenging the legality and validity of section 4(a)(f)(g)(i), section 5 and section 7 of the said 1998 act being ultra vires. ..... are not penal offence, which has been understood and recognised so since 1870 when section 294a, ipc was brought into the indian penal code, 1860, this distinction has also been recognised even in the government of india act, 1935 where the state lotteries have been separately place under entry 48, list i but other form of lotteries were placed under entry 34, list ii, and the same continues even in our constitution ..... a lottery is organized, conducted or promoted after the date on which this act receives the assent of the president, in contravention of the provisions of this act, by any department of the state government, the head of the department shall be punishable with rigorous imprisonment for a term which may extend to two years or with fine or with both : provided that nothing contained in this section shall render such head of the department liable to any punishment if he proves that the contravention .....

B.R. Enterprises Vs. State of U.P. and ors.

Court : Supreme Court of India

Reported in : (2000)1GLR242; (1999)9SCC700; [2000]120STC302(SC)

..... in nagaland, there being grave problem of law and order, hence the discrimination set up in section 4(g) so far in relation to the state of nagaland cannot ..... whether it is permissible to the parliament under article 298 to delegate power to the state government, vide section 5 of the impugned act to impose ban on the state organised lottery of other states secondly, as has been submitted by other counsel, whether state organised lottery can be said to be res extra commercium he referred to the government of india act, 1935, and also to the draft constitution before the constituent assembly and also the ..... state governments including the state of arunachal pradesh and nagaland as well as other distributors filed writ petition challenging the legality and validity of section 4(a), (f), (g), (i), section 5 and section 7 of the said 1998 act ..... order in the state of nagaland is not such where ..... of india' and also the meaning that has been given in the australian federal constitutional law by colin howard, it is clear and apparent that where any term has been used in the act which per se seems to be without jurisdiction but can be read down in order to make it constitutionally valid by separating and excluding the part which is invalid or by interpreting the word ..... state of rajasthan 0065/1962 : [1963]1scr491 , where the restrictive interpretation given to article 303, namely, to be limited to the entries relating to trade and commerce in any of the list in seventh schedule, namely, entries .....

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

Court : Supreme Court of India

..... 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 ..... thus by nagaland retirement from public employment (second amendment) act, 2009' (for short, `2nd amendment act, 2009'), section 3 of 1991 act as amended by 1st amendment act, 2007, ..... the confederation of all nagaland state service employees association (`the confederation', for short) challenged the constitutional validity of section 3 which provided for retirement from public employment on completion of 33 years from the date of joining employment or until the age of 57 years, whichever is earlier by filing ..... 53 256 5.5 53 429 9.5 54 757 16 55 1167 24 above 55 2071 45 total 4690 (4680- sic)"the appellants' contention is that 31 per cent employees retired at the age of 54 and below which constitutes a substantial section of the total retirees and that also shows that the impugned enactment is arbitrary.45. ..... in pursuance of the representation made by nsf, the department of personnel and administrative reforms (for short, `dop & ar') submitted a memorandum dated october 22, 2008 to the cabinet for a decision as to whether the state government should also prescribe maximum length of service for retirement of the state government employees in addition to the upper age limit of 60 years and if so, what should be .....

Ganpat Mahadu Jadhav Vs. Forbes, Forbes Campbell and Co. Ltd.

Court : Mumbai

Reported in : AIR1930Bom569; (1930)32BOMLR1336

..... desai very frankly admitted, notwithstanding the contention in the plaint, that he could not rely upon sub-section (3) of section 230, because the shire highlands railway nyasaland limited, although a foreign company, could, with leave under clause 12 of the letters patent, be sued by the plaintiff here ..... of the agreement begins as follows:-i, the undersigned, hereby agree ' (it is here to be observed that it is not stated in terms with whom the agreement is made) ' to serve the shire highlands railway, nyasaland ltd. ..... desai drew my attention to section 230 of the indian contract act, which is as follows:-in the absence of any contract to that effect, an agent cannot personally enforce contracts entered into by him on behalf of his principal, nor is he personally ..... he, however, contended, as is indeed the case, that the indian contract act is not an exhaustive code, and in this connection he referred me to the observations of viscount duuedin in ..... he further admitted that sub-section (1) is inapplicable to the present case inasmuch as this is not a contract made by an agent for the sale or purchase of goods for a ..... course be cases where a general or special custom is proved that an agent acting on behalf of a foreign principal undertakes the liability of a principal. ..... he could not rely upon sub-section (2) of section 230. ..... said that when ' agents' is the word added to the signature, it is a mere word of description, and so does not qualify the liability which the act of signing imports. .....

S.S. Ahluwalia Vs. C.B.i.

Court : Delhi

..... it was submitted that the state of nagaland by their letter dated 6th november, 1990 had withdrawn their general/open consent under section 6 of the delhi special police establishment act, 1946 (dspe act for short) and, therefore, charges should not have been framed in respect of the alleged acts/offences relating to the state of nagaland. ..... (5) formation of the opinion as to whether on the material collected there is a case to place the accused before a magistrate for trial and if so taking the necessary steps for the same by the filing of a charge- sheet under section 173 "accordingly, on the basis of the charge sheet which was filed on 10th april, 1992, it is urged that charges cannot be framed for acts/omissions relating to the state of nagaland after the letter dated 6th november, 1990.4. s.s. ..... the state of nagaland has given general consent for conduct of investigation under dspe act vide their letter dated 8th november ..... , in view of the decision in the case of kazi lhendup dorji(supra), the investigation by itself is not illegal as when the fir was registered on 24th march, 1987, there was a valid consent by the state of nagaland and the subsequent withdrawal on 6th november, 1990 does not affect the general consent or even the consent dated 9th may, 1990.13. ..... we are concerned with cognizance by the court and whether consent should be obtained from the state of nagaland at this stage as the prosecution seeks to rely upon evidence which has been collected during 'invalid' or ' .....

Rabina Ghale Vs. Union Of India

Court : Supreme Court of India

..... balgopal submitted that the state has already assailed the correctness of the order dated 28th february, 2023, passed by the competent authority, declining sanction under section 6 of the afsp act, 1958, by way of filing writ petition (criminal) diary no.17297 of 2024, titled the state of nagaland vs. ..... if the said writ petition is allowed, and the rejection of sanction is set aside and this court either grants sanction or for fresh decision by the competent authority, which may ultimately result into a sanction under section 6 of the afsp act, 1958 for continuing the proceedings, then the proceedings pursuant to the impugned firs may proceed in accordance with law and may be carried to their logical conclusion. ..... however, learned counsel appearing for the state of nagaland insisted that he has to file an affidavit and has prayed for three weeks time. ..... 265 & 250 of2022page 3 of 10 wives of officers of the indian army for quashing of suo moto fir, bearing state crime police station (scps) case no.07/2021 registered against the personnel of 21 para(sf), unit of the indian army including the respective husbands of the writ petitioners under sections 302, 307, 326, 201, 34 read with section 120-b of the indian penal code, 1860 (ipc) the findings and recommendations of the special investigation team (sit) dated 24th ..... the armed forces (special powers) act, 1958 is applicable to the place in nagaland where the incident took place, as stated by the learned additional solicitor general. .....

Bank of India Vs. Chotanagpur Graphite Industries

Court : DRAT Kolkata

Reported in : I(2007)BC53

..... learned advocate for the respondent has submitted in supporting the contention laid down in the affidavit-in-opposition that contrary facts have been spelt out, that the delay in the process as stated in the petition for condonation of delay could have been easily avoided and that it shows lack of promptitude on the part of the applicant-bank to file the appeal within the period ..... explanation does not smack of mala fides or it is not put forth for dilatory strategy, the court must show utmost consideration to the suitor.state of nagaland v. ..... liberal approach has to be taken in the matter of condonation of delay in terms of the guidelines of the supreme court in state of nagaland v. ..... portion of the said judgment of the supreme court runs as follows: the legislature has conferred the power to condone delay by enacting section 5 of the limitation act, 1963, in order to enable the court to do substantial justice to parties by disposing of matters on 'merits'. ..... delay is condoned, the application under section 5 of the limitation act is allowed and the appeal admitted.19. ..... the matter relates to an application under section 5 of the limitation act praying for condonation of delay for filing the ..... in support of the application under section 5 of the limitation act, the learned advocate for the applicant has staled the celebrated judgment of the hon'ble supreme court, in collector of land acquisition, ..... section 5 does not say that such discretion can be exercised only if the delay is within a .....