Court : Supreme Court of India
..... itself is scarce and meant for use of current holders of public offices . the above is manifested by the institution of section 4-a in the 1981 act by the amendment act, 1997 (8 of 1997). the questions relating to allocation of such property, therefore, undoubtedly, are questions of public character and, therefore, the same ..... any reasons or consideration of any principle, demonstrates that it was an order made under article 142 of the constitution on the peculiar facts of that case. law declared by this court is binding under article 141. any direction given on special facts, in exercise of jurisdiction under article 142, is not a binding ..... one without adequate consideration. allotment of government property to someone without adequate market rent, in absence of any special statutory provision, would also be bad in law because the state has no right to fritter away government property in favour of private persons or bodies without adequate consideration and therefore, all such allotments, .....
Tag this Judgment!Court : Supreme Court of India
..... nariman, j.) was a party, has considered various judgments of this court including the judgment in associate builders (supra) and the effect of the arbitration and conciliation (amendment) act, 2015 in the case of ssangyong engineering and construction company limited v. national highways authority of india (nhai)25, to which we will refer shortly.39. before that ..... fundamental policy of indian law , namely, the contravention of a statute not linked to public policy or public interest, cannot be brought in by the backdoor when it comes to setting aside an award on the ground of patent illegality.40. the change made in section 28(3) by the amendment act really follows what is ..... iii) ignores vital evidence in arriving at its decision, such decision would necessarily be perverse.32. a good working test of perversity is contained in two judgments. in excise and taxation officer cum assessing authority v. gopi nath & sons [1992 supp 39 (2) scc312, it was held: (scc p. 317, para7) 7. it is, no .....
Tag this Judgment!Court : Karnataka
..... this regard in indian penal code, the provisions of section 326a of ipc came to be introduced by the legislature by act 13 of 2013, with effect from 03.02.2013. the object of the amendment is to provide stringent punishment for crimes against women and also to provide more victim friendly procedure in the trial of such ..... system in curtailing the evil. while imposing the sentence, it is the court s accountability to remind itself about its role and the reverence for the rule of law. courts must evince the rationalised judicial discretion and not an individual perception or a moral propensity. the trial court further held that if in the ultimate eventuate the ..... have adopted.36. the hon'ble supreme court in the case of state of madhya pradesh vs munna choubey & anr reported in (2005) 2 scc710held that the law regulates social interests, arbitrates conflicting claims and demands. security of persons and property of the people is an essential function of the state. it could be achieved through .....
Tag this Judgment!Court : Supreme Court of India
..... retrospective. past virtue (con- stitutional) cannot be made to wipe out present vice (constitutional) by making retrospective laws. we are, therefore, firmly of the view that the gujarat panchay- ats (third amendment) act, 1978 is unconstitutional, as it offends articles 311 and 14 and is arbitrary and unreasonable.40. the impugned provision ..... and absurd results. for instance, an advocate with 18- or 20-years practice, aged 44 years, with expertise in the field of indirect taxation, telecom, or other regulatory laws, would be conversant with the subject matter. despite being eligible, (as she or he would fulfil the parameters of at least 10 years ..... of entirely excluding successful young advo- cates, especially those who might be trained and competent in the particular subject (such as indirect taxation, anti-dumping, income-tax, international taxation and telecom regulation). the exclusion of such eligible candidates in preference to those who are more than 50 years of age is inexplicable .....
Tag this Judgment!Court : Supreme Court of India
..... that while the puducherry legislative assembly was empowered by article 239a, the delhi legislative assembly was created through an exercise of constituent power by the 69th amendment act, 1991. thus, while article 239aa excluded police power and public order from the scope of the assembly s competence, that did not detract from it ..... accessible at: https://www.meity.gov.in/writereaddata/files/intermediary_guidelines_and_digital_ media_ethics_code_rules-2021.pdf. [129]. of the gnctd act which came into force on 27.04.2021117. the amendments are: a. the term government referred to in any law made by the delhi legislative assembly will mean the lieutenant governor ( lg ). b. the lg must reserve ..... of india (2), where this court has held that art. 31(1) has to be read as referring to deprivation of property otherwise than by way of taxation. in the light of the foregoing discussion, the observations in the madhya bharat case (3) relied on by the petitioner, cannot, with respect, be supported as .....
Tag this Judgment!Court : Karnataka
..... 31a the petitioners were made 10 liable for payment of gst on the amount received through totalisator.9. since actionable claim is and was existing in the act from the beginning the amendment has only clarified the role of the petitioners in the field of betting. therefore, he would submit that the contention of the petitioners that rule 31a is ..... to pay the tax and the rate at which the tax is to be paid. if there is any ambiguity regarding any of these ingredients in a taxation statute then there is no tax in law. then it is for the legislature to do the needful in the matter. (emphasis supplied) in the light of the aforesaid declaration of ..... of the constitution of india. (d) failure to conform to the statute under which it is made or exceeding the limits of authority conferred by the enabling act. (e) repugnancy to the laws of the land, that is, any enactment. (f) manifest arbitrariness/unreasonablenes s (to an extent where the court might well say that the legislature never intended .....
Tag this Judgment!Court : Karnataka
..... 31a the petitioners were made 10 liable for payment of gst on the amount received through totalisator.9. since actionable claim is and was existing in the act from the beginning the amendment has only clarified the role of the petitioners in the field of betting. therefore, he would submit that the contention of the petitioners that rule 31a is ..... to pay the tax and the rate at which the tax is to be paid. if there is any ambiguity regarding any of these ingredients in a taxation statute then there is no tax in law. then it is for the legislature to do the needful in the matter. (emphasis supplied) in the light of the aforesaid declaration of ..... of the constitution of india. (d) failure to conform to the statute under which it is made or exceeding the limits of authority conferred by the enabling act. (e) repugnancy to the laws of the land, that is, any enactment. (f) manifest arbitrariness/unreasonablenes s (to an extent where the court might well say that the legislature never intended .....
Tag this Judgment!Court : Supreme Court of India
..... constituted with the objective of monitoring all the safeguards provided for the scheduled castes and the scheduled tribes under the constitution or other laws.2. vide the constitution (eighty-ninth amendment) act, 2003, a separate national commission for 292 scheduled tribes was created by inserting a new article 338a in the constitution. consequently, ..... the statutory provision.344. chief justice, sir, maurice gwyer speaking in federal court, in the central province and berar sales of motor spirit and lubricants taxations act, 1938, air1939federal court 1, held that rules which apply to the interpretation of other statute 297 applies equally to the interpretation of the constitutional enactment. but ..... the nature of judicial process, (new haven: yale university press, 13th edn., 1946), 141. 3 re the central provinces and berar sales of motor spirit and lubricants taxation act, 1938 4 kuldip nayar v. union of india, (2006) 7 scc15 (1972) 3 scc7176 1965 scr (3) 829 7 (1997) 6 scc3128 (2003) 5 .....
Tag this Judgment!Court : Supreme Court of India
..... of violence more generally; (ii) trained special educators and interpreters must be appointed to ensure the effective realization of the reasonable accommodations embodied in the criminal law amendment act, 2013. all police stations should maintain a database of such educators, interpreters and legal aid providers, in order to facilitate easy access and coordination; 39 ..... may be for life or for a term of ten years . 68 subsequently, in 2013, post the nirbhaya case, the criminal law amendment act 2013 was brought into force which amended section 376(1). the parliament sought to take a tougher stand on crime against women and limited the discretion of the judiciary regarding ..... 376(1), as it stood at the material time prior to its substitution by act 13 of 2013, was substituted by the criminal law (amendment) act 1983 (act 43 of 1983) with effect from 25 december 1983. section 376(1) as substituted by the amendment read as follows : 376. punishment to rape: (1) whoever, except in the .....
Tag this Judgment!Court : Karnataka
..... the appellant to establish a canteen under the factories act, 1948, by no stretch of imagination the amendment which includes certain exceptionary services will disentitle the appellant company from cenvat credit. the learned senior counsel has also made reference to ..... w cea no.7/2019 between: toyota kirloskar motor private limited, plot no.1, bidadi industrial area, ramanagar district, bangalore urban (represented by mr.veeresh prasad m.s manager taxation) ... appellant (common) (by sri.ravi shankar k.s, advocate a/w sri.ananda, advocate) and: the commissioner of central tax, above bmtc bus stand, banashankari, ..... of the learned senior counsel arguing the matter before this court is that the assessing officer, the first appellate authority and the tribunal have erred in law and in facts in not appreciating the statutory definition of input service under the cenvat credit rules, 2004 and as there is a duty casted upon .....
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