Court : Supreme Court of India
..... articles 371-a a special provision in respect of state of nagaland, 239-a and 240 illustrate the permissible areas and ..... empowers parliament to make provision for the number of seats in the legislative assembly which may be filled by 20 (1-b) notwithstanding anything contained in sub-section (1), in the legislative assemblies of the states of arunachal pradesh, meghalaya, mizoram and nagaland, to be constituted at any time after the commencement of the representation of the people (third amendment) act, 1987 (40 of 1987), (a) [fifty-nine seats]. ..... be reserved for the scheduled tribes in the legislative assembly of the state of arunachal pradesh; [(1-c) notwithstanding anything contained in sub-section (1), twenty seats shall be reserved for the scheduled tribes in the legislative assembly of the state of tripura to be constituted at any time after the commencement of the representation of the people (amendment) act, 1992 42 candidates belonging to such sections and for the delimitation ..... total number of seats in the legislative assembly of the state of sikkim, to be constituted at any time after the commencement of the representation of the people (amendment) act, 1980 (8 of 1980), to be filled by persons chosen by direct election from assembly constituencies shall be thirty-two, of which (a) twelve seats shall be reserved for sikkimese of bhutia-lepcha origin; (b) two seats shall be reserved for the scheduled castes of that state; and (c) one seat shall be reserved for the .....
Tag this Judgment!Court : Supreme Court of India
..... state of nagaland ..... a civil revision petition was filed against the said order, and by the impugned order dated 27th april, 2012, the revision was allowed stating that since an appeal had been filed within 30 days of the ad-interim ex-parte order, it would not be maintainable under the code of civil procedure and, therefore, the appellate ..... therefore, the ad-interim injunction is granted to the petitioner whereby the opposite parties no.1-4 or their agents or any persons acting on their behalf or instruction from the opposite parties no.1-4 are hereby restrained from entering or working in the suit land as per schedule ..... it is impossible in such circumstances to think, that because the judge has more discretion than if he acted under the criminal procedure code or is able to bring different considerations to the aid of administration of justice that ..... if a judge does not apply the spirit of the code but goes against it or acts in a manner which may be considered to be perverse the high court will consider his action ..... still operate either wholly or part on the tribals, for example, the indian penal code and the passports act which do not recognize any exception in their operation in favour of the tribals. ..... the rights and obligations created under the passports act between a tribal and an authority created under the passports act or should a tribal is accused of offence under the provisions of the passports act. ..... is not a law because it leaves each officer free to act arbitrarily. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC670a; [1976]103ITR82(SC); (1976)1SCC916; [1976]3SCR413; 1976(8)LC295(SC)
..... the case of a member of a scheduled tribe as defined in clause (25) of article 366 of the constitution, residing in any area specified in part a or part b of the table appended to paragraph 20 of the sixth schedule to the constitution (or in the state of nagaland) manipur and tripura or in the union territories of arunachal pradesh and mizoram or in the areas covered by notification no. ..... residing in any area specified in part a or part b of the table appended to paragraph 20 of the sixth schedule to the constitution or in the union territories of manipur and tripura, provided that such member is not in service of government.the 1961 act then re-enacted this clause as under:10(26) in the case of a member of a scheduled tribe as defined in clause (25) of article 366 of the constitution, residing in any area specified in part a or part b of the table appended 'to paragraph 20 ..... 1951, issued by the governor of assam under the proviso to sub-paragraph (3) of the said paragraph 20 (as it stood immediately before the commencement of the north eastern areas (reorganization) act, 1971 (18 of 1971) 85 any income which accrues or arises to him(a) from any source in the (area, state or union territories) aforesaid, or(b) by way of dividend or interest, on securities.14. ..... section indicate the incomes which are to be excluded from computation of the total income of a person under this act fir proper perspective, it will be useful to have a look at the historical background of this provision. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC1655; [1998]92CompCas182(SC); JT1998(2)SC221; (1998)IIIMLJ60(SC); 1998(2)SCALE127; (1998)3SCC525; [1998]2SCR1
..... state of nagaland ..... a contention was raised in ishwari khetan's case (supra) that the up act was violative of section 20 of the idr act which provided that after the commencement of the idr act it was not competent for any state government or a local authority to take over the management or control of any industrial undertaking under any law for the time being in force which authorises any such government or ..... even though in the writ petition the principal challenge to the act was on the ground that neither the state legislature nor the governor of the state had legislative competence to promulgate the act and the ordinance inasmuch as the appropriate entry for the enactment of such an ordinance of act was entry 52 of list 1 of the 7th schedule, but this contention, at the time of arguments, was not raised by shri g.l.singhi, learned senior ..... it was observed that the said section 20 of the idr act does not preclude or forbid a state legislature from exercising legislative powers under an entry other than entry 24 of list ii and if in exercise of that legislative power the consequential transfer of management or control over the industry or under taking follows as a result of ..... the anxiety in promulgating the ordinance and replacing it with the act clearly was to see that the mill, which had been closed for more than three months at the time when the notification under section 18aa of the idr act had been issued, should continue its activity of production of cloth which was in .....
Tag this Judgment!Court : Supreme Court of India
..... 107 and state of nagaland v. ..... what needs to be emphasised is that even though a liberal and justice oriented approach is required to be adopted in the exercise of power under section 5 of the limitation act and other similar statutes, the courts can neither become oblivious of the fact that the successful litigant has acquired certain rights on the basis of the judgment under challenge and ..... of a declaration that notices issued by the corporation under section 314 of the mumbai municipal corporation act, 1888 (for short, the act) for demolition of the properties specified in the plaints are illegal and not binding on them ..... 2726, 2727, 2728 of 1999 was sufficient cause within the meaning of section 5 of the limitation act and the learned single judge of the bombay high court was justified in condoning the delay is the question which ..... significant departure from the earlier judgments and observed: the legislature has conferred the power to condone delay by enacting section 5 of the indian limitation act of 1963 in order to enable the courts to do substantial justice to parties by disposing of matters on merits. ..... air 1962 sc 361, this court while interpreting section 5 of the limitation act, laid down the following proposition: in construing section 5 (of the limitation act), it is relevant to bear in mind two important considerations.the first consideration is that the expiration of the period of limitation prescribed for making an appeal gives rise to a right in favour of the decree- .....
Tag this Judgment!Court : Delhi
..... he has referred to a judgment of hon ble supreme court in case of state of nagaland v. ..... in case of state of nagaland v. ..... . another glaring discrepancy in the testimony of the victim (pw2) is that in her statement ex.pw2/b she had stated that she regained her senses at azadpur, but in her deposition before the court she did not depose the place where at she came back to her ..... . during her cross-examination, she stated that she had not seen the accused with any spray or cloth in his ..... rajat katyal, additional public prosecutor state with inspector daya sagar, sho sonia vihar, delhi, inspector mithlesh caw cell, north east, sub-inspector subhash, police station sonia vihar and sub-inspector manu dev, police station amar colony, ..... . pp for the state during which he stated that the victim had not disclosed the place where she was confined, nor disclosed the name of the person who had confined ..... ., she gave a different version stating that when she had left for her tuitions, accused and his friends came there, picked her up and put her in a rickshaw, shut her mouth and made her to inhale ..... present application has been filed by the state under section 378(1)(a) of the cr.p.c. ..... the state has filed the application under section 5 of the limitation act for seeking condonation of delay of 37 days in preferring the accompanying leave petition to challenge the impugned judgment dated 23.02.2017 passed by learned additional session judge (north-east)-01, karkardooma courts, delhi in s.c .....
Tag this Judgment!Court : Guwahati
..... , ward-3, shillong, by the impugned letter dated august 7, 2001, informed the neepco authority that a member of a scheduled tribe community who is not ordinarily residing in the state of nagaland, manipur, tripura, arunachal pradesh, mizoram or any area specified in part i or part ii of the table appended to paragraph 20 of the sixth schedule to the constitution will not be eligible for exemption under section 10(26) of the act even though he may presently reside and derive income from any of the ..... scheduled tribe as defined in clause (25) of article 366 of the constitution of india ;(b) he must reside in any area specified in part i or part ii of the table appended to paragraph 20 of the sixth schedule to the constitution or in the areas of arunachal pradesh, manipur, nagaland and tripura or in other areas/regions as mentioned in clause (26) of section 10 of the income-tax act; and(c) the income must accrue or arise to him from any source in such area(s) or by way of dividend or interest on securities.9. ..... shall not be included(26) in the case of a member of a scheduled tribe as defined in clause (25) of article 366 of the constitution, residing in any area specified in part i or part ii of the table appended to paragraph 20 of the sixth schedule to the constitution or in the states of arunachal pradesh, manipur, mizoram, nagaland and tripura or in the areas covered by notification no. .....
Tag this Judgment!Court : Guwahati
Reported in : (2007)211CTR(Gau)127,2007(3)GLT348,[2007]290ITR498(Gauhati)
..... , ward-3, shillong, by the impugned letter dated august 7, 2001, informed the neepco authority that a member of a scheduled tribe community who is not ordinarily residing in the state of nagaland, manipur, tripura, arunachal pradesh, mizoram or any area specified in part i or part ii of the table appended to paragraph 20 of the sixth schedule to the constitution will not be eligible for exemption under section 10(26) of the act even though he may presently reside and derive income from any of the ..... scheduled tribe as defined in clause (25) of article 366 of the constitution of india ;(b) he must reside in any area specified in part i or part ii of the table appended to paragraph 20 of the sixth schedule to the constitution or in the areas of arunachal pradesh, manipur, nagaland and tripura or in other areas/regions as mentioned in clause (26) of section 10 of the income-tax act; and(c) the income must accrue or arise to him from any source in such area(s) or by way of dividend or interest on securities.9. ..... shall not be included(26) in the case of a member of a scheduled tribe as defined in clause (25) of article 366 of the constitution, residing in any area specified in part i or part ii of the table appended to paragraph 20 of the sixth schedule to the constitution or in the states of arunachal pradesh, manipur, mizoram, nagaland and tripura or in the areas covered by notification no. .....
Tag this Judgment!Court : Supreme Court of India
..... information commissioner or an information commissioner if, at the time of his appointment is, in receipt of retirement benefits in respect of any previous service rendered in a corporation established by or under any central act or state act or a government company owned or controlled by the central government or the state government, his salary in respect of the service as the chief information commissioner or an information commissioner shall be reduced by the amount of pension equivalent to the retirement benefits: provided also that the salaries ..... his appointment is, in receipt of a pension (other than a disability or wound pension) in an or writ petition (civil) no.436 of 2019 page 34 of 52 respect of any previous service under the government of india or under the government of a state, his salary in respect of the service as the chief information commissioner or an information commissioner shall be reduced by the amount of that pension including any portion of pension which was commuted and pension equivalent of other forms of retirement ..... of state of nagaland. ..... issue a writ of mandamus or any other appropriate writ directing the state governments of maharashtra, gujarat, andhra pradesh, nagaland, west bengal, kerala, karnataka, odisha and telengana to take immediate steps to appoint chief state information commissioners and information commissioners of the respective sics in a ..... state of nagaland66 the petitioners have averred in the petition that nagaland sic has been .....
Tag this Judgment!Court : Guwahati
Reported in : [2010]320ITR29(Gauhati)
..... practice of the government of india is to provide for reservation/special treatment attracting the provisions of article 16(4) of the constitution in favour of scheduled castes and scheduled tribes without any reference to the state of their origin.apart from the practice followed by the government of india, in our humble opinion, that is the only option possible under the constitution as under the scheme of the constitution no separate ..... logic to hear that a member of a scheduled tribe, belonging to a particular tribe in relation to a particular state, can be logically considered for special treatment by the union of india in the matters of employment, but parliament cannot provide for an exemption under the income-tax act in favour of such persons the moment such a person starts residing at a place other than the place of his ..... ii of the table appended to paragraph 20 of the sixth schedule to the constitution, (2) the states of arunachal pradesh, manipur, mizoram, nagaland and tripura, (3) areas covered by notification no. ..... tribe as defined in clause (25) of article 366 of the constitution, residing in any area specified in part i or part ii of the table appended to paragraph 20 of the sixth schedule to the constitution or in the (state of arunachal pradesh, manipur, mizoram, nagaland and tripura) or in the areas covered by notification no. ..... tribes, except the scheduled tribes in the tribal areas of assam, in nagaland and in meghalaya, in the legislative assembly of every state. .....
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