Judgment Search Results Home > Cases Phrase: suits valuation act 1887 preamble 1 suits valuation act 1887 Court: supreme court of india Page 1 of about 754 results (0.182 seconds)

District Mining Officer and ors. Vs. Tata Iron and Steel Co. and anr.

Court : Supreme Court of India

Reported in : JT2001(6)SC183; 2001(4)SCALE680; (2001)7SCC358

..... , must be held to be in accordance with law and the judgment of this court in kannadasan's case must be held to have been wrongly decided.in kannadasan's case, this court while interpreting the validation act, held that the act authorises levy and collection even after 4.4.91, as otherwise, it will be held to be discriminatory and violative of article 14 inasmuch as if two persons would be equally liable to pay, the person who has ..... court borne in mind the principle of prospective over-ruling, as had been done in golaknath's case, indicated the dated with effect from which the judgment would operate but the acts having been declared null and void the state governments became apprehensive that a huge amount of tax, already collected under laws, for which state legislatures did not have the competence ..... levy or collection does not arise.the right to levy and collection, which was there with the stat having disappeared with effect from 4.4.1991, the date on which the life of the act expires, unless there is any provision conferring the right upon the state to make levy or collect any levy, the collection would be without the authority of law and would contravene article ..... mr.dwivedi further contended that the preamble also unequivocally indicates that the act is to validate the imposition and collection of cess and certain other ..... sub-section(2) of section further provides that no suit or other proceedings shall be maintained or continued in any court for the refund of cesses and .....

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... is no scope for reading implied or inherent limitations on the amending power, that great uncertainty would arise in regard to the validity of constitutional amendment if such limitations were read on the amending power, that the preamble is a part of the constitution and can be amended by parliament, that there is in our constitution no recognition of basic human or natural rights and that the consensus of world opinion ..... supremacy of the constitution;(2) the sovereignty of india;(3) the integrity of the country;(4) the democratic way of life;(5) the republican form of government;(6) the guarantee of basic human rights referred to in the preamble and elaborated as fundamental rights in part iii of the constitution; (7) a secular state;(8) a free and independent judiciary;(9) the dual structure of the union and the states;(10) the balance ..... respecting the question whether an amendment can be made which would be inconsistent with the preamble of the constitution act referring to the "indissoluble" character and the sections which refer to the "federal" ..... its value at the time of acquisition has to be fixed; there are many modes of valuation namely estimate by the engineer, value reflected by comparable sales, capitalisation of rent and similar ..... 1299. we find on the english statute book several acts, the land acquisition act, the land clauses act, the housing act, in all of which a varying basis of compensation has been adopted to suit not only to the nature ..... ..... 1887 ..... 1887 ..... 1887 ..... 1887 .....

P. Kannadasan Etc, Etc. Vs. State of Tamil Nadu and Others [Overruled]

Court : Supreme Court of India

Reported in : 1996VIAD(SC)237; AIR1996SC2560; JT1996(7)SC16; 1996(5)SCALE596; (1996)5SCC670; [1996]Supp4SCR92

..... when such cess was imposed, assessed or collected; and accordingly,-(a) no suit or other proceeding shall be maintained or continued in any court for the refund of any cess paid under any state act; (b) no court shall enforce a decree or order directing the refund of any cess paid under any state act; and (c) any cess imposed or assessed under any state act before the commencement of this act but not collected before such commencement may be recovered (after ..... the second contention of the learned counsel for appellants-petitioners is that section 2 of the impugned enactment does not achieve the purpose set out in the preamble and that the language employed in section 2 is not adequate to create any fresh levies. ..... it is for this reason that the preamble to the act says that it is an act 'to validate the imposition and collection of cesses and certain other taxes on minerals under certain state laws' ..... parasaran then submitted that the words 'imposition and collection' in the preamble do evidence the intention to confine the imposition to amounts already collected. ..... the preamble to the said act stated that it was 'an act to validate certain provisions contained in the bihar land reforms act, 1950, and the bihar minor mineral concession rules, 1964, and action taken and things done in connection therewith ..... it was contended before this court that in view of the statement in the preamble to the 1947 act, the said act must be deemed to have come to an end with the enactment of the 1948 act .....

Nhpc Ltd Vs. The State Of Himachal Pradesh Secretary

Court : Supreme Court of India

..... yashraj singh deora, learned counsel, a comparative table of the relevant provisions of the act of 1955 and the amendments introduced to such provisions, by way of the amendment and validation act of 1997, is provided hereinunder: parameters the himachal pradesh the himachal pradesh passengers and goods passengers and goods taxation act, 1955 taxation (amendment and validation) act, 1997 preamble an act to provide for levying an act to provide for a tax on passengers and levying a tax on goods carried by road ..... aforesaid tax assessed, levied, charged, paid or collected or purporting to have been assessed, levied, charged, paid or collected under the provisions of the said act, before the commencement of this act shall be deemed to be and always be deemed to have been validly assessed, levied, charged, paid or collected in accordance with law: (ii) no suit or other proceeding shall be maintained or continued in any court or before any authority for the refund of, and no enforcement shall be made by any court ..... or authority of any decree or order directing the refund of any such aforesaid tax, which has been collected; (iii) recoveries, if any, shall be made in accordance with the provision of the said act of all amounts which would have been collected thereunder .....

J.K. Jute Mills Co. Ltd. Vs. the State of Uttar Pradesh and anr.

Court : Supreme Court of India

Reported in : AIR1961SC1534; [1962]2SCR1; [1961]12STC429(SC)

..... holding that the tax in question was a sales tax and not an excise duty, the court observed as follows :- 'the duties of excise which the constitutions act assigns exclusively to the central legislature are, according to the central provinces case, duties levied upon the manufacturer or producer in respect of the manufacture or production of ..... sales tax officer : air1958all478 , which held that there was a difference between the existence of a power and its actual exercise, that while by reason of act xxiv of 1957, a power had been conferred on government to issue a notification on march 31, 1956, the notification actually issued on that date could not be referred to that power, that it was in exercise of the ..... the legislation as stated in the long title and in the preamble to the act was to validate the impugned notification in relation to the amended ..... the sales had taken place deprives him of that right, that retrospective operation is, in consequence, an incident inconsistent with the true character of a sales tax law, and that the validation act is therefore not a law in respect of tax on the sale of goods, as recognised, and it is ultra vires entry 54. ..... two grounds have been urged in support of this contention - that on its true construction the act does not in fact validate the impugned notification and that it is not a law which the state legislature was competent to enact and ..... the preamble to the act states that 'it is expedient to provide for the validation of certain .....

Pattali Makkal Katchi Vs. A. Mayilerumperumal

Court : Supreme Court of India

..... court that sub-classification would be permissible only on the ground that a class is far far backward than the advanced sections of that class , however, the classification under the 2021 act was not based on any intelligible differentia as there was nothing on record to show that the other 115 communities were more advanced than the vanniakula kshatriyas using any yardstick. ..... framed by the broach borough municipality, by which a rate on land was fixed at a percentage of the valuation based upon capital value, was declared ultra vires section 73 of the bombay municipal boroughs act, 1925 in patel gordhandas hargovindas v. ..... the preamble of the 2021 act refers to the representation made by the vanniakula kshatriyas for a separate quota of reservation on the ground that they could not compete with the other communities in the list of mbcs and ..... the preamble of the 2021 act refers to the recommendation of the chairman, tamil nadu backward classes commission for providing 10.5 per cent reservation to the vanniakula ..... the preamble of the 1994 act states that in view of requests from various political parties and social forums representing backward classes to consider the ramifications of the judgment of this court in indra sawhney, the state ..... the preamble further refers to the recommendations made by the chairman of the backward classes commission (justice thanikachalam), where to facilitate distributive social justice, apart from the 10.5 per cent reservation for vanniakula 74 | pa .....

Pune Municipal Corporation Vs. Sus Road Baner Vikas Manch

Court : Supreme Court of India

..... it will also be relevant to refer to the preamble of the said 2016 rules, which reads thus: now, therefore, in exercise of the powers conferred by sections 3, 6 and 25 of the environment (protection) act, 1986 (29 of 1986) and in supersession of the municipal solid waste (management and handling) rules, 2000, except as respect things done or omitted to be done before such supersession, the central government hereby makes the ..... submitted that, at the relevant time, the mpcb was not issuing a separate consent to establish under the water act, 1974 or the air act, 1981 but was issuing a composite authorization to set up and operate across the state. ..... it could thus clearly be seen that the preamble itself states that though the 2016 rules are in supersession of the 2000 rules, they will apply except as respect things done or omitted to be done before ..... anything duly done or suffered thereunder used in clause (b) of section 6 are often used by the legislature in saving clause which is intended to provide that unless a different intention appears, the repeal of an act would not affect anything duly done or suffered thereunder. ..... only granting authorization and not consent, shri laud submitted that merely because the mpcb was following a particular practice, it cannot absolve the appellant-corporation of obtaining consent under the water act, 1974 or the air act, 1981 which are statutory requirements. ..... development plan was published under section 28(4) of the mrtp act on 30th november 2005. .....

Suhas H Pophale Vs. Oriental Ins.Co.Ltd.and anr

Court : Supreme Court of India

..... . as far as the maharashtra rent control act is concerned, this court noted in paragraph 25 of that judgment that as per the preamble of the said act, it is an act relating to five subjects, namely (i) control of rent, (ii) repairs of certain premises, (iii) eviction, (iv) encouraging the construction of new houses by assuring fair return of investment by the landlord, and (v) matters connected with the purposes mentioned ..... as opposed to the general law which provides for filing of a regular suit for recovery of possession of property in a competent court and for trial of such a suit in accordance with the procedure laid down in the code of civil procedure, the public premises act confers the power to pass an order of eviction of an unauthorised occupant in a public premises on a designated officer and prescribes the procedure to be followed by the said officer before passing such an ..... . it is true that section 15 of the public premises act creates a bar of jurisdiction to entertain suits or proceedings in respect of eviction of any person in an unauthorised ..... suit no.1176/3742 of 1981 in the court of small causes at mumbai, under the provisions of the then applicable bombay rents, hotel and lodging houses rates control act, 1947 ( bombay rent act for short ..... initiating these proceedings, the first respondent withdrew on 22.2.1994 the suit filed in the court of small causes. ..... terminating his tenancy with respect to the said premises, and then filed a suit for eviction against mr. e. .....

V.C. Shukla Vs. State (Delhi Administration)

Court : Supreme Court of India

Reported in : (1980)2SCC665; 1980Supp(1)SCC249

..... high public and political office, shri sanjay gandhi and others and that in accordance with the guidelines contained in the preamble to the special courts act, 1979 (22 of 1979) the said offences ought to be dealt with under that act.now, therefore, in exercise of the powers conferred by sub-section (1) of section 5 of the special courts act, 1979 (22 of 1979), the central government hereby declares that there is prima facie evidence of the commission of the aforesaid ..... government is of opinion that there is prima facie evidence of the commission of an offence alleged to have been committed by a person who held high public or political office in india and that in accordance with the guidelines contained in the preamble hereto the said offence ought to be dealt with under this act, the central government shall make a declaration to that effect in every case in which it is of the aforesaid opinion. ..... thus, after a consideration of the provisions of the act, the guidelines contained in the preamble, the procedural part of the act and the classification made we are clearly of the opinion that none of the sections of the act are violative of article 14 or article 21 or any other provision of the ..... special feature of the act is that the preamble and its various clauses are not merely intended to spell out the object of the act but contain important guidelines and essential safeguards and by virtue of section 5(1) of the act the clauses of the preamble become a part of the act itself.7. .....

Ashoka Kumar Thakur Vs. Union of India (Uoi) and ors. (Obc Judgment)

Court : Supreme Court of India

Reported in : 2008(56)BLJR1292; 2008(3)CTC97; [2008(3)JCR176(SC)]; JT2008(5)SC1; (2008)3MLJ1105(SC); 2008(5)SCALE1; (2008)6SCC1; 2008AIRSCW2899; 2008(3)Supreme331; 2008(2)LH(SC)1534

..... likely to be affected by the intended amendment of the provisions contained in part iii, the bill introduced for the purpose of making such an amendment, must attract the proviso, and as the impugned act has admittedly not gone through the procedure prescribed by the proviso, it is invalid; and that raises the question about the construction of the provisions contained in article 368 and the relation between the ..... berubari union and exchange of enclaves, reference under article 143(1) of the constitution of india : [1960]3scr250 , to the effect that preamble to the constitution was not part of the constitution was disapproved in kesavananda bharati's case (supra) and it was held that it is a part of the constitution and the preamble to the constitution is of extreme importance and the constitution should be read and interpreted in the light of the grand and noble visions ..... when social welfare measures are sought to be implemented and the constitution has to be interpreted in such context, it has to be kept in mind that the preamble is the text which sets out the goal that is to be attained; and that part iii is the texture into which is woven a pattern of rights ..... considering the constitutionality of a social justice legislation, it is worthwhile to note the objectives which have been incorporated by the constitution makers in the preamble of the constitution and how they are sought to be secured by enacting fundamental rights in part iii and directives principles of state policy in .....