Court : Supreme Court of India
Reported in : 2006(3)ALD82(SC); JT2006(4)SC482; 2006(3)SCALE617; (2006)4SCC162
..... nature of mandamus commanding the respondents to strictly enforce the provisions of sections 4, 8 to 11 and 18 of the 1964 act in chamarajnagar taluk of mysore district, coorg district, kodagu district and also to direct the state government to establish institutions for taking care of cows and other animals in accordance with the aforesaid provisions of the act at the earliest.82. in paragraph 8, the high court concluded in the impugned order on this relief in favour of ..... so far as articles 48, 48a and also article 51a(g) are concerned the following was held:it is thus clear that faced with the question of testing the constitutional validity of any statutory provision or an executive act, or for testing the reasonableness of any restriction cast by law on the exercise of any fundamental right, by way of regulation, control or prohibition, the directive principles of state policy and fundamental duties ..... judgment, the high court in substance observed as follows:(1) as the loi granted by the central government and the provisions of the andhra pradesh preservation of cow slaughter and animal preservation act, 1977 permits slaughtering of only useless cattle and in view of the fact that maintenance of such useless cattle involves a wasteful drain on the nation's meager cattle feed resources, the ..... state of coorg with the state of mysore, a new enactment, namely, the mysore prevention of cow slaughter and cattle preservation act 1964 ( in short '1964 act'), which repealed the 1948 act .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR3710; 2005(4)KarLJ481
..... respect of the lands mentioned in the impugned notifications without obtaining the sanction of either the metropolitan planning committee or district planning committee as provided under sections 503-a and 503-b of kmc act and sections 309 and 310 of the karnataka panchayat raj act;(iv) the deputy commissioners and/or tahsildars who are authorised to pass conversion orders are directed to be more careful ..... not be challenged on the ground of incompetency, and a legislature which enjoys only a limited or a qualified jurisdiction.if the constitution of a state distributes the legislative powers amongst different bodies, which have to act within their respective spheres marked out by specific legislative entries, or if there are limitations on the legislative authority in the shape of fundamental rights, questions do arise as to whether the legislature in a ..... in this part, any provision of any law relating to municipalities in force in a state immediately before the commencement of the constitution (seventy-fourth amendment) act, 1992 which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier'.in view of the above article of ..... . union of india, : [1970]1scr457 , another historic decision in this branch of the law, that in recent years the concept of quasi-judicial power has been undergoing ..... 1970 .....
Tag this Judgment!Court : Allahabad
Reported in : 2002(3)AWC2251; (2002)3UPLBEC2231
..... reliance has also been placed on renewal of licence uptill 31.12.1999 under the contract labour (regulation and abolition) act, 1970, for anpara project and attendance register for the months of march, april and may, 1998, showing the office staff working ..... is admitted that the licence obtained under the contract labour (regulation and abolition) act, 1970, from the licensing authority of the appropriate government has ..... ; be claimed but after the appointment, to a post or an office, be it under the state, its agency, instrumentality, juristic person or private entrepreneur, it is required to be dealt with as per public element and to act in public interest assuring equality, which is a genus of article 14 and all other concomitant rights emanating therefrom are species to make their right to life and dignity of person real and meaningful.'12. ..... question would arise whether impugned notices of march, 1998, were in fact and in law closure notices as per section 25o read with section 25fff of the act or whether they still remain retrenchment notices and, hence would be violative of section 25n of the act ;(iii) even if it is held that the anpara rihand nagar project is in fact closed down, whether the 25 appellants were employed in the project ..... licence under the contract labour (regulation and abolition) act, was got renewed ..... moreover, under contract labour (regulation and abolition) act, the licence for the project was renewed in favour of the company up to 31.12.1999 and had the work .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR2003P& H229
..... --whereas in supersession of the tax levied in this behalf, the municipal committee, pathankot, in district gurdaspur, in exercise of the powers conferred by section 61 of the punjab municipal act, 1911, has proposed to levy a tax on the entry of the goods into the pathankot municipality for consumption, use or sale therein, in the nature of octroi (without refunds).and ..... 11209-c-52/11-466, dated the 3rd january, 1953, as subsequently amended from time to time, and in pursuance of the provisions of sub-section (10) of section 62 of the aforesaid act, the governor of punjab is pleased to notify the imposition of the tax, in accordance with the schedule as hereinafter appearing and to specify that the tax shall come into force ..... p-19 has been issued in pursuance of powers conferred by sub-section (1) of section 84 and clause (a) of sub-section (1) of section 84 of 1973 act, exemption was granted from payment of octroi duty only on common salt (edible salt) within the limits of all municipal committees and notified areas for human consumption ..... although 1911 act was repealed by section 279 of the haryana municipal act, 1973 (for brevity, 1973 act) yet by virtue of clause (a) of sub-section (2) of section 279 of 1973 act, the notification dated 30-5-1963 was saved from repeal and continued ..... 1970) 3 scr 383 : air 1970 ..... group or category is by itself not a ground for its invalidity, for then hardly any tax, for instance, sales tax and excise tax, can escape such a charge, (twyford tea co. .....
Tag this Judgment!Court : Gujarat
Reported in : (1994)2GLR1002; (1995)ILLJ801Guj
..... has observed that the relief work undertaken by the state by way of famine relief is useful to the society and productive in terms of creation of some asset or wealth and when the state exacts labour or service from the affected persons for carrying out such work, for example a bridge or a road which has utility for the society and which is going to augment the wealth of the state, there ..... the case of bihar relief committee (54 fjr 385), would not require much consideration because in that case the petitioner, bihar relief committee, was established as a society under the societies registration act with the sole object of rendering relief to the suffering caused by natural calamities like flood, drought, epidemic etc. ..... the entire work was done by providing daily wage employment to rural workers and the labourers were employed at these sites depending upon their availability in rural areas and without reference ..... as daily wages workers under 'jawahar rozgar yojna' by the district rural development agency ('drda' for short) under various schemes. ..... from banerjee : [1953]4scr302 to safdar jung : (1970)iillj266sc and beyond, this limited criterion has passed muster and we see no reason, after all the marathon of argument to shift ..... we overrule safdarjung : (1970)iillj266sc , solicitors' case : (1962)illj241sc gymkhana : (1967)iillj720sc , delhi university : (1963)iillj335sc dhanrajgiri hospital : (1975)iillj409sc and other rulings whose ratio runs counter to the principles enunciated .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC710; 1982CriLJ340; 1981(4)SCALE1904; (1982)1SCC271; [1982]2SCR272
..... sufficient cause for detention at the date when it makes its report, what action is to be taken subsequently is left entirely to the appropriate government and it can under section 11(1) of the act confirm the detention order and continue detention of the person concerned for such period as it thinks fit.the contention that the board must determine the question as to whether the detention should ..... that such a power was not claimed by the governments of two lading democracies of the world, the english and the american, and yet, they took the government of india act of 1935 as their model, section 42 of that act ran thus:power of 42(1) if at any time when the federal governor legislature is not in section the general to governor-general is satisfied promulgate that circumstances exist which ordinances ..... under article 356, have been competent to make shall, after the proclamation has ceased to operate, continue in force until altered or repealed or amended by a competent legislature or other authority.it will appear that whereas an ordinance issued under article 123 has the same force and effect as an act of parliament, under article 357(1)(a) parliament can confer on the president the power of the legislature of the state to make ..... sub-section (3) of section 3 is concerned, the argument is that it is wholly unreasonable to confer upon the district magistrate or the commissioner of police the power to issue orders of detention for the reasons mentioned in sub-section ..... [1970] .....
Tag this Judgment!Court : Chennai
Reported in : (1993)ILLJ1030Mad; (1992)IIMLJ573
..... the text and the decision, four tests are deducible and these are : (i) the legislature has the undoubted right to later a law already promulgated through subsequent legislation, (ii) a special law may be altered, abrogated or repealed by a later general law by an express provision, (iii) a later general law will override a prior special law if the two are so repugnant to each other that they cannot co-exist even though no express provision in that ..... this means that where the literal meaning of the general enactment covers a situation for which specific provision is made by another enactment contained in an earlier act, it is presumed that the situation was intended to continue to be dealt with by the specific provision rather than the later general one (benion statutory interpretation ..... 25f has no wider meaning than the ordinary, accepted connotation of the word : it means the discharge of surplus labour or staff by the employer for any reasons whatsoever, otherwise than as a punishment inflicted by way of disciplinary action, and it has no application where the services of all workmen have been terminated by the employer on a real and bona ..... as this is a case of an express provision in the enactment, the general principle that a special act will prevail over a general act or that a later general act may not repeal an earlier special act will have no application. ..... in krishna district co-operative marketing society ltd. v. n. v. p ..... shri shukh raj bahadur, 1970 - i - llj - ..... 1970 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2006SC3385; JT2006(9)SC72; (2006)4MLJ1555(SC); 2006(10)SCALE98; (2006)8SCC161
..... commute the sentence of any person convicted of any offence against any law relating to a matter to which the executive power of the state extends.the provision corresponding to article 72 in the government of india act 1935 (in short 'the government act') was section 295 which reads as follows:(1) where any person has been sentenced to death in a province, the governor-general in his discretion shall have all such powers of suspension, remission or commutation of sentence ..... as were vested in the governor- general in council immediately before the commencement of part iii of this act, but save as aforesaid no authority in india outside a province shall have any power to suspend, remit or commute the sentence of any person convicted in the province. ..... executive clemency also exists to afford relief from undue harshness in the operation or enforcement of criminal law.interests of society and convict(1) acts of leniency by pardon are administered by the executive branch of the government in the interests of society and the discipline, education, and reformation of ..... three district level officials were superintendent of police, the district collector, kunoor and the district probation ..... : [1970]1scr457 . ..... that the distinction between a quasi- judicial and the administrative action has become thin, as pointed out by this court as far back as 1970 in a.k. .....
Tag this Judgment!Court : Delhi
Reported in : [1987]61CompCas153(Delhi); [1987(54)FLR261]; (1986)IILLJ354Del
..... areas in which an employer may still dispense with the services of an employee in industrial law, without inviting the legal or judicial odium that the action was illegal, amounts to dismissal or removal, or is an act of victimisation, or constitutes an unfair labour practice, or could not be taken without giving to the employee a reasonable opportunity of being heard where does one draw the line between permissible 'termination simplicities' and an action which is stigmatic or punitive how far ..... which can be said to be the genesis for the establishment of the public sector and determine its true role and importance as also the scheme and some of the provisions of the banking regulation act, 1949, the banking companies (acquisition and transfer of undertakings) act, 1970, and the relevant service regulations applicable to the petitioner. 16. ..... the banking companies (acquisition and transfer of undertakings) act, 1970, is an act to provide for the acquisition and transfer of the undertakings of certain banking companies, having regard to their size, resources, coverage and organisation, in order to control the heights of the economy and to meet ..... in exercise of the powers conferred by section 19 of the banking companies (acquisition and transfer of undertakings) act, 1970, the board of directors made in consultation with the reserve bank of india and with the previous sanction of the central government, punjab national bank (officers) service regulations, 1979, punjab national bank .....
Tag this Judgment!Court : Allahabad
Reported in : 2000CriLJ4125
..... judicial custody in connection with the investigation of the earlier case he can formally be arrested regarding his involvement in the different case and associate him with the investigation of that case and the magistrate can act as provided under section 167(2) and the proviso and can remand him to such custody as mentioned therein during the first period of fifteen days and thereafter in accordance with the proviso as discussed above. 49. ..... chapters 30 to 55 deal with offences-punishments escapes and outbreaks, prisoners in cell, jail industries and labour jail garden and cattle the inspector general prisons, the district magistrate, the establishment, the superintendent the medical officer, the assistant medical officer, the jail officer, security deposit, the jailor the deputy jailor, the keys and the gate ..... into account the facts that the order of haryana court fixing date for the production of dharampal and another co-accused had already expired, the superintendent, district jail at meerut was not bound to transfer those petitioner and therefore, held that both of them be set at liberty but could be re-arrested ..... section 10 repealed part ix of the prisoners act 1900 and also the first and second schedule to the said act and provided a specific format for these two types of contingencies, which may arise under sub-section (1) of section 3 and sub-section ..... judicial magistrate, parvatipuram (1970) 3 scc 501 : 1971 scc (cri) 107 : air 1971 sc 186 : 1971 cri lj ..... singh, 1970 cri lj .....
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