Court : Karnataka
..... (hons.) programme has been increased from 80 (eighty) to 120 (hundred and twenty).2. new karnataka students category 2.1. the national law school of india (amendment) act, 2020 (karnataka act no.13 of 2020) which came into effect on 27.04.2020, has introduced a new category of institutional preference for candidates who have ..... a particular category of students of karnataka is arbitrary and ill-founded. as such, students of karnataka even otherwise are adequately represented in -:11. :- the law school. the amendment act is manifestly arbitrary and violative of article 14 of the indian constitution. hence, the writ petition. in w.p.no.8951 of 2020:8. w. ..... for records; and issue a writ in the nature of -:5. :- mandamus or any other writ, order or direction to declare that the national law school of india (amendment) act, 2020 (karnataka act13of2020, produced at annexure a as ultra vires the constitution of india, and hence, unconstitutional, illegal, untenable; and consequently be pleased .....
Tag this Judgment!Court : Karnataka
..... (hons.) programme has been increased from 80 (eighty) to 120 (hundred and twenty).2. new karnataka students category 2.1. the national law school of india (amendment) act, 2020 (karnataka act no.13 of 2020) which came into effect on 27.04.2020, has introduced a new category of institutional preference for candidates who have ..... a particular category of students of karnataka is arbitrary and ill-founded. as such, students of karnataka even otherwise are adequately represented in -:11. :- the law school. the amendment act is manifestly arbitrary and violative of article 14 of the indian constitution. hence, the writ petition. in w.p.no.8951 of 2020:8. w. ..... for records; and issue a writ in the nature of -:5. :- mandamus or any other writ, order or direction to declare that the national law school of india (amendment) act, 2020 (karnataka act13of2020, produced at annexure a as ultra vires the constitution of india, and hence, unconstitutional, illegal, untenable; and consequently be pleased .....
Tag this Judgment!Court : Supreme Court of India
..... court separately noted that the newly introduced requirement of offering of sale had prospective application. however, in the factual scenario concerning a notification governed by the pre-amended act, it upheld the principle that any additional requirement of publication can only be introduced by statute and the court is bound by the applicable statutory scheme for ..... judgment of the learned chief justice, the following discussion is noted: 2. i approach this matter conscious of the salutary rule that, in all statutes imposing taxation, any real ambiguity must be decided in favour of the subject and against the grown. i consider that the hour of the day at which the gazette ..... cases not governed by the hindu and mohammedan laws. voicing a powerful dissent, justice kumaraswami sastri observed, on page 704: i do not think that the principles which govern, or the devices which are resorted to, by the executive for the purpose of raising money by taxation ought to have any weight with us in .....
Tag this Judgment!Court : Supreme Court of India
..... the assessment made on the three widows of balkrishna purushottam purani in the status of an association of persons is legal and valid in law?. 15. after referring to the amendments made in the income tax act speaking of association of persons and association of individuals , this court went on to hold: 8 in the absence of any definition ..... -8 (bom)].: the question whether the shares of the beneficiaries are determinate or known has to be judged as on the relevant date in each respective year of taxation. therefore, whatever may be the position as to any future date, so far as the relevant date in each year is concerned, it is upon the terms ..... this expression had been the subject matter of comment in a cognate allied legislation, namely, the income tax act, as referring to 13 persons banding together for a common purpose, being a business purpose in the context of a taxation statute in order to earn income or profits. this presumption is felicitously referred to in the following judgments. .....
Tag this Judgment!Court : Supreme Court of India
..... the provisions of that part. (e) if e.v. chinnaiah is a good law, its problematics give rise to prospects of challenge to the constitutional validity of article 342a as inserted by the constitution (one hundred and second amendment) act, 2018 necessitates revisiting the interpretation of articles 341 and 342 of the constitution.10 ..... has been exercised maliciously.15. shri a. subba rao, learned counsel, appearing on behalf of the respondents argued that the constitution (one hundred and second amendment) act, 2018 came into effect on 11.8.2018. article 338b was inserted constituting national commission for backward classes. the real question for consideration is the interpretation ..... classes as are so deemed under article 342a for the purposes of this constitution; article 342a has been inserted by the constitution (one hundred and second amendment) act, 2018, w.e.f. 14.8.2018. in indra sawhney, the question of reservation of socially and educationally backward classes was involved. article .....
Tag this Judgment!Court : Supreme Court of India
..... of section 6. every member of a joint hindu family is not entitled to be a coparcener either under the traditional hindu law or under the hindu succession act, 1956 or the amendment act, 2005. under section 29a introduced in the state of andhra pradesh, unmarried daughters were given the rights of a coparcener while excluding ..... what rights have been conferred by way of survivorship are not intended to be taken away except as provided by the amended proviso in section 6(3) of the amendment act. (f) a legal fiction created in law cannot be stretched beyond the purpose for which the fiction has been created, as held in mancheri puthusseri ahmed & ors ..... all such cases, complete transactions, and open them for a new order of succession. the partition effected merely to avoid any obligation under any law, for example, the law relating to taxation or land ceiling legislation, are not examples relevant for understanding the objects and scheme of section 6. therefore, the proviso to sub section ( .....
Tag this Judgment!Court : Supreme Court of India
..... did not arise in india, as has been contended by the appellant. thus, having been excluded from the scope of taxation under the act, the application of the double taxation treaty would not arise. the double taxation treaty, however, was taken recourse to by the appellant only by way of an alternate submission on income from services ..... the project as notification fema952003- rb dated 2nd july, 2003 foreign exchange management (establishment in india of branch or office or other place of business) (amendment) regulations 2003 along with the copy of letter from chohung bank for opening bank account.2. copy of the poa in our favour and in favour of ..... ), india.2. that the company hereby does make and constitute mr. sangsoon park yard general manager of the company, as the company s true and lawful representative with full power and authority for the purpose of establishing a project office and coordinating and executing delivery of documents in connection with construction of offshore platform .....
Tag this Judgment!Court : Supreme Court of India
..... normal incidents which were not within the scope of said articles 291 and 362. despite the constitution (twenty sixth amendment) act, 1971, the private properties of the ruler would continue to be available for normal succession and devolution in accordance with the law and custom. though concepts such as ruler or rulership have ceased to operate, succession to the gaddi as an incident ..... covenants, agreements and other documents, which were signed with the rulers while enacting laws. accordingly, provisions relating to exemption from taxation, preservation of method of succession etc. were made to the income tax act, 1922, income tax act, 1961, wealth tax act, 1957 etc. significantly, section 5(ii) of the hindu succession act, 1956 also preserved the rules of succession for rulers and specifically stated that .....
Tag this Judgment!Court : Supreme Court of India
..... (at pp. 141-142 and 145-146 of stc):- the crucial question, therefore, is what is the basis of taxation in either of the above provisions?. let us first deal with section 9 of the haryana act (as amended in 1983). properly analysed, the following are the ingredients of the section : (i) a dealer liable to pay tax ..... all possible ways in which a vacancy may occur. generally speaking, a tenant s occupation of his premises ceases when his tenancy is terminated by acts of parties or by operation of law or by eviction by the landlord or by assignment or transfer of the tenant s interest. but the legislature, when it used the words or ..... and anr.: (2011) 13 scc247and commissioner of central excise, bolpur v. ratan melting & wire industries: (2008) 13 scc1 the learned senior counsel has submitted that the law remains settled that the circular granting benefit to the assessee is binding on the department. thus, according to the learned counsel, the high court has rightly applied the principles of .....
Tag this Judgment!Court : Supreme Court of India
..... kapadia etc. vs. state of gujarat and ors. etc. 27 (b) any time before two months after the commencement of the bombay tenancy and agricultural lands (gujarat amendment) act, 1981 (guj. 13 of 1981); or such tenant being a specified tenant shall also be entitled to exercise the right conferred in sub-section (1) by making ..... with the help of sewage, whether before or after the commencement of the amending act, 1955 by a local authority in discharge of its duties and functions relating to the establishment and maintenance of a farm for the disposal of sewage under the law under which such local authority is constituted. 88e. cessor of exemption in ..... based upon the principle: from each according to his capacity, to each according to his needs. distributive justice comprehends more than achieving lessening of inequalities by differential taxation, giving debt relief or distribution of property owned by one to many who have none by imposing ceiling on holdings, both agricultural and urban, or by .....
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