Court : Karnataka
..... in the near future.24. as stated earlier, in one of the three writ petitions, even the constitutional validity of the amendment act has been questioned. it is well settled proposition of law that if there are two interpretations possible of a statute which is under a challenge, the one which will make the statute ..... the elections of bbmp ought to have been completed before 10th september 2020. if the election is to be held as per the amended provisions of the said act of 1976 as amended by the amendment act, it is obvious that the elections will be further delayed for the following reasons: a) firstly, the delimitation commission will have ..... the constitution, particularly for: (i) putting on a firmer footing the relationship between the state government and the urban local bodies with respect to: (a) the functions and taxation powers, and (b) arrangements for revenue sharing. (ii) ensuring regular conduct of elections, 20 (iii) ensuring timely elections in the case of supersession; and (iv) .....
Tag this Judgment!Court : Karnataka
..... in the near future.24. as stated earlier, in one of the three writ petitions, even the constitutional validity of the amendment act has been questioned. it is well settled proposition of law that if there are two interpretations possible of a statute which is under a challenge, the one which will make the statute ..... the elections of bbmp ought to have been completed before 10th september 2020. if the election is to be held as per the amended provisions of the said act of 1976 as amended by the amendment act, it is obvious that the elections will be further delayed for the following reasons: a) firstly, the delimitation commission will have ..... the constitution, particularly for: (i) putting on a firmer footing the relationship between the state government and the urban local bodies with respect to: (a) the functions and taxation powers, and (b) arrangements for revenue sharing. (ii) ensuring regular conduct of elections, 20 (iii) ensuring timely elections in the case of supersession; and (iv) .....
Tag this Judgment!Court : Supreme Court of India
..... term sale and explaining the legal meaning as existed at the time of enactment of government of india act, 1935, the above law was laid down.32. we may further notice that by the constitution (forty sixth amendment) act, 1982 sub-article (29a) has been inserted in the article 366 of the constitution. defining tax ..... for purposes of levy of gst, it cannot be said that there was no rationale for including these three actionable claims for tax purposes. regulation including taxation in one or other form on the activities namely lottery, betting and gambling has been in existence since last several decades. when the parliament has included ..... power with the legislature to define something. if such definition has no rationale, such artificial definition cannot be treated only for the purpose of assuming taxation power. shri shrivastava further submits that taxing actionable claim only is discriminatory since all actionable claims are not being taxed. shri shrivastava submits that according to .....
Tag this Judgment!Court : Karnataka
..... 10 scc117 12. we have carefully considered the submissions made across the bar. part-ix of the constitution of india was incorporated by the constitution (seventy-third amendment) act, 1992 with effect from 24th april 1993. part-ix deals with the panchayat , as defined in clause (d) of article 243 of the constitution of india ..... constitution, particularly for: (i) putting on a firmer footing the relationship between the state government and the urban local bodies with respect to: (a) the functions and taxation powers, and 28 (b) arrangements for revenue sharing. (ii) ensuring regular conduct of elections, (iii) ensuring timely elections in the case of supersession; and (iv ..... from being held within the stipulated time.21. it is true that there may be certain man- made calamities, such as rioting or breakdown of law and order, or natural calamities which could distract the authorities from holding elections to the municipality, but they are exceptional circumstances and under no (sic other .....
Tag this Judgment!Court : Supreme Court of India
..... of smugglers who indulge in what is considered by parliament to be a menace to society. also, the preamble to the ndps act states: an act to consolidate and amend the law relating to narcotic drugs, to make stringent provisions for the control and regulation of operations relating to narcotic drugs and psychotropic substances ..... evidence collected by customs officials. a statement made by the co accused can be used against others.204. the foreign exchange regulation act, 1973 (fera) was an act to amend the law regulating dealings in foreign exchange and 43. (2008) 13 scc30544. (1997) 3 scc72145. air1996sc522275 securities, transactions indirectly affecting foreign exchange ..... offenders were being released on bail. in the light of certain difficulties faced in the enforcement of the narcotic drugs and psychotropic substances act, 1985, the need to amend the law to further strengthen it, has been felt. (2) a cabinet sub-committee, which was constituted for combating drug traffic and preventing .....
Tag this Judgment!Court : Supreme Court of India
..... of the offence and at the stage of appeal, prohibits any imprisonment lower than a term of ten years. section 20(ii) of the ndps act, as it stood before the amendment of 20017, specified that where contravention relates to cannabis in a form other than ganja, then the same shall be punishable with rigorous imprisonment which ..... very illustratively, in state of up v. banne2, listed circumstances were interference of an appellate court against acquittal would be justified. these would include patent errors of law, grave miscarriage of justice, or perverse findings of fact. in turn, babu v. state of kerala3, clarified that findings of fact recorded by a court can ..... power, scope, jurisdiction or limitation under the crpc between appeals against judgments of conviction or of acquittal. an appellate court is free to re consider questions of both law and fact, and re page | 7 appreciate the entirety of evidence on record. there is, nonetheless, a self restraint on the exercise of such power, .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... said term. provided that if an election to the board of any co-operative society had already been held in accordance with the bye laws of such society, prior to the commencement of the karnataka co-operative societies (amendment) act 1997, the term of office of the board of such co-operative society shall be three years including the co-operative year in ..... provisions for the conditions of service of the administrator. article 243-zt. continuance of existing laws.- notwithstanding anything in this part, any provision of any law relating to co- operative societies in force in a state immediately before the commencement of the constitution (ninety-seventh amendment) act, 2011, which is inconsistent with the provisions of this part, shall continue to be in force until .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... said term. provided that if an election to the board of any co-operative society had already been held in accordance with the bye laws of such society, prior to the commencement of the karnataka co-operative societies (amendment) act 1997, the term of office of the board of such co-operative society shall be three years including the co-operative year in ..... provisions for the conditions of service of the administrator. article 243-zt. continuance of existing laws.- notwithstanding anything in this part, any provision of any law relating to co- operative societies in force in a state immediately before the commencement of the constitution (ninety-seventh amendment) act, 2011, which is inconsistent with the provisions of this part, shall continue to be in force until .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... said term. provided that if an election to the board of any co-operative society had already been held in accordance with the bye laws of such society, prior to the commencement of the karnataka co-operative societies (amendment) act 1997, the term of office of the board of such co-operative society shall be three years including the co-operative year in ..... provisions for the conditions of service of the administrator. article 243-zt. continuance of existing laws.- notwithstanding anything in this part, any provision of any law relating to co- operative societies in force in a state immediately before the commencement of the constitution (ninety-seventh amendment) act, 2011, which is inconsistent with the provisions of this part, shall continue to be in force until .....
Tag this Judgment!Court : Karnataka Kalaburagi
..... said term. provided that if an election to the board of any co-operative society had already been held in accordance with the bye laws of such society, prior to the commencement of the karnataka co-operative societies (amendment) act 1997, the term of office of the board of such co-operative society shall be three years including the co-operative year in ..... provisions for the conditions of service of the administrator. article 243-zt. continuance of existing laws.- notwithstanding anything in this part, any provision of any law relating to co- operative societies in force in a state immediately before the commencement of the constitution (ninety-seventh amendment) act, 2011, which is inconsistent with the provisions of this part, shall continue to be in force until .....
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