Court : Supreme Court of India
Reported in : AIR2007SC1984; 2007(2)CTC273; 2007LC(SC)1166; (2007)4MLJ723(SC); 2007(7)SCALE392; (2007)5SCC447; 2007AIRSCW3752; JT2007(7)SC613;
..... (v) whereas the 1939 act having contained no provision for exemption and the 1962 act providing for exemption only from consumption of electrical energy, the 2003 act granted exemption only for sale; the provisions of the latter being inconsistent with the provisions of the earlier acts, the exemption notifications do not survive having regard to the fact that section 20 of the 2003 act repeals both the 1962 act as well as the 1939 act. ..... 18220 of 2006 would submit that having regard to the entry 38, list iii of the seventh schedule of the constitution of india, in terms whereof the parliament had enacted the 1998 act, the state could not have made any law in terms of entry 58, list ii of the seventh schedule of the constitution of india as the entire filed of electricity is covered thereby and, thus, the impugned act should he held to be repugnant to the 1998 act.47. ..... now, it is submitted by the learned advocate general that the maximum demand is what is really consumed by them as against the permitted demand and therefore, the taxes are imposed only on the demand charges and it is based on actual consumption.additional ground31. ..... the board like any other corporation has to raise funds for the purpose which means it has to obtain loans. ..... state of assam)64. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2002(93)FLR1200]; JT2002(Suppl1)SC94; (2002)IILLJ554SC; 2002(4)SCALE230; (2002)5SCC44; [2002]3SCR600; 2002(2)LC887(SC)
..... this court observed that no mandamus could be issued to the executive directing it to commence the operation of the enactment; that such a direction should not be construed as any approval by the court of the failure on the part of the central government for a long period to bring the provisions of the enactment into force; that in leaving it to the judgment of the central government to decide as to when the various provisions of the enactment should be brought into force, the parliament could not have intended that the central government may exercise a kind of veto over its ..... , : 1988crilj1809 ,when section 30 of the advocates act, 1961 was not put into operation even after a lapse of 27 years of its enactment, this court observed that the court on account of long lapse of time though cannot issue writ of mandamus it can ask the government to consider within a reasonable time whether time for enforcing the provision has arrived or not and no more.8. in a.k. ..... 2727/1998, the view taken by the karnataka high court which is contrary from that of the bombay high court is in challenge.12. ..... 2727/1998 in this court directly under article 32 of the constitution.civil appeal no. ..... 2727/1998, this writ petition stands dismissed. ..... 2727/1998, this appeal stands dismissed. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3240; 2003(5)ALD39(SC); 106(2003)DLT350(SC); JT2003(7)SC446; 2003(6)SCALE831; (2003)7SCC589
..... according to the author : 'the legal act applying a legal norm may be performed in such a way that it conforms (a) with the one or the other of the different meanings of the legal norms, (b) with the will of the norm-creating authority that is to be determined somehow, (c) with the expression which the norm-creating authority has chosen, (d) with the one or the other of the contradictory norms; or (e) the concrete case to which the two contradictory norms refer may be decided under the assumption that the two contradictory norms annul each other. ..... , cji) was concerned with the term 'management' occurring in maharashtra university of health sciences act, 1998. ..... this power of control is an incident of the society's right to self-protection and it rests upon the right of the state to care for the health, morals and welfare of the people. ..... the funds were used for elephant conservation activities in the three range states.in the year 2002, the three countries plus south africa and zambia are proposing one-off sales of existing ivory stocks to be followed later by annual quotas. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2003]260ITR548(SC)
..... therefore, if, as has been contended by the appellant, the high court in 1981 had in proceedings between the appellant and the revenue held that the appellant was entitled to the benefit of the deduction under section 80p(2)(a)(iii) of the act, and the revenue has not impugned the high courts decision, that decision binds the parties for the assessment years in question and cannot be reopened because of the 1998 amendment. ..... the bill was passed after obtaining the assent of the president and became the income tax (second amendment) act, 1998 (act no. ..... the amendment does not seek to touch on the periods of limitation provided in the act, and in the absence of any such express provision or clear implication, the legislature clearly could not be taken to intend that the amending provision authorises the income tax officer to commence proceedings which before the new act came into force, had, by the expiry of the period provided become barred-s.s. ..... following the decision of this court in assam co-operatives case the kerala high court reversed its earlier view while deciding the issue raised by the kerala co-operative marketing federation in respect of a subsequent year and denied the kerala federation the deduction under section 80p. ..... state of rajashtan, : [1966]1scr890 ; supreme court employees welfare association v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2011(4)KLT137(SN)(C.No.147); 2011AIRSCW6418; 2012(1)LW593; AIR2012SC100; 2012(2)SCJ751
..... needs of the state; duty of its officials and right of the citizens are required to be reconciled, so that the rule of law in a welfare state is not shaken.the court further held:the determination of vicarious liability of the state being linked with the negligence of his officers, if they can be sued personally for which there is no dearth of authority and law of misfeasance in discharge of public duty having marched ahead, there is no rationale for the proposition that even if the officer is liable, the state cannot be sued.5. ..... section 6 of the human rights act, 1998 makes a public authority liable for damages if it is found to have committed breach of human rights. ..... accident and trauma services and other allied services in the city of delhi; and to direct union of india to create a fund for that purpose;(d) to monitor the investigation from time to time, to ensure that no person guilty of any of the offences is able to escape the clutches of law and that the investigation is carried out as expeditiously as possible in a free and fair manner; and(e) direct the union of india to ensure that no cinema hall in the country is allowed to run without license granted after strictly ..... similarly the report of the commissioners appointed by the delhi high court (consisting of an advocate and professors from engineering institutions) submitted its report dated 30.11.2000 which also does not fix any liability on mcd.22. .....
Tag this Judgment!Court : Supreme Court of India
..... whereas, in the opinion of the central government: (1) the rules of the provident fund of the establishment mentioned in schedule i (hereto annexed and (hereinafter referred to as the said establishments), with the respect to the employees therein then those specified in section 6 of the employees' provident fund act, 1952 (10 of 1952); and (2) the employees in the said establishments are also in enjoyment of other provident fund benefits which on the whole are not less favourable to the employees than the benefits provided under the employees' provident funds scheme 1952 (hereinafter referred to as the said school) in relation to the employees in any other ..... now, thereafter, in exercise of the powers conferred by clause (a) of sub-section (i) of section 17 of the employees' provident fund act 1952 (19 of 1952), the central government, hereby exempt the said establishments with effect from dates mentioned against each of them, respectively from the operation of all the provisions of the said scheme, subject to the conditions specified in scheme hereto annexed, which are in addition to the conditions mentioned in the explanation to sub- section (1) of the said section 17. 6. ..... as already noted these provisions which form part of the act, which is a welfare legislation are meant to ensure the employees the continuance of the benefits of the provident fund. ..... advocates-on-record association & ors., v. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3277; 2004(5)ALLMR(SC)65; 1(2004)BC173(SC); [2003]117CompCas123(SC); (2003)4CompLJ1(SC); 2003(4)CTC237; JT2003(Suppl1)SC515; 2003(7)SCALE491; (2003)7SCC532; [2003]
..... the reasons given by the superior court of justice cannot be read as a general pronouncement on the rights of the crown to deal with its assets; that, the learned judge purported to analyse a specific provision in a specific act; that, he did so in the context of the entirety of the electricity act, 1998, the specific circumstances surrounding its enactment and the comments of the minister responsible for that specific act. ..... pursuance of article 39(b) of the constitution; that, article 39(b) subserves the object of building a welfare state and an egalitarian social order; that, therefore, these enactments have been passed with the object of giving effect to article 39(b) of the constitution and the provisions of the enactment provide for vesting of these undertakings in the state or in a government company; that, it is not open to the government to disinvest the same without first changing the law in this regard either by repealing the enactments or by making appropriate ..... the president, in exercise of his powers conferred under article 113(2) of the constitution has framed the general financial rules, in which under rule 71, it is provided that no expenditure shall be incurred during a financial year on a new service not contemplated in the annual budget for the year except after obtaining the supplementary grant or an advance from the contingency fund ..... a 'new instrument of service' for which approval of parliament is required for expenditure from the consolidated fund of india. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1999SC2015; [1998(80)FLR894]; JT1998(7)SC353; (1999)ILLJ1SC; 1998(5)SCALE704; (1998)8SCC90; [1998]Supp2SCR482; 1999(2)SLJ1(SC)
..... in the said writ petitions filed in the year 1976, the then learned advocate general for the state of haryana appearing for the authorities, conceded before the high court that the appellants were not required to deposit the provident fund on the production bonus and the appellants may deposit provident fund only on 'wages' as defined in the act from august, 1975 and with regard to the refund of the amount deposited in respect of production bonus, the appellants may apply to the respondent authorities, who, after giving them hearing, would decide the matter ..... it is a welfare measure under which workmen belonging to the lower strata of society and suffering from economic distress and penury are enabled by the legislature to contribute towards a compulsory saving scheme wherein the employer would give matching contribution and the amount credited to the workmen's account maintained by the authorities under the act would be available for them for being available to meet the needs of their families after their superannuation or even otherwise during ..... has to be kept in view that the act in question, is a beneficial social welfare legislation meant for the protection of weaker sections of society, namely, workmen who had to eke out their livelihood from the meagre wages they receive after toiling hard for the same. ..... supra), wherein it has been observed in para 10 of the report that:'...the act is a beneficial welfare legislation to ensure health and other benefits to the employees. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1998SC2288; JT1998(4)SC58; (1998)IIIMLJ100(SC); 1998(3)SCALE482; (1998)5SCC643; [1998]3SCR206
..... the same force and effect as an act of the legislature of the state assented to by the governor, but every such ordinance -(a) shall be laid before the legislative assembly of the state, or where there is a legislative council in the state, before both the houses, and shall cease to operate at the expiration of six weeks from the reassembly of the legislature, or if before the expiration of that period a resolution disapproving it is passed by the legislative assembly and agreed to by the legislative council, if any, upon the passing of the resolution or, as the case may be, on the resolution being agreed to by the ..... (2) all the assets and properties of all the sanskrit schools, mentioned in sub-section (1) and of the governing bodies managing committee's, incidental thereto whether movable or immovable including lands, buildings, documents, books and registers cash-balance, reserve fund, capital investment, furniture and fixture and other things, shall on the date of taking over, stand transferred to and vest in the state government free from ..... (2) all the assets and properties of all the sanskrit schools, mentioned in sub-section (1) and of the governing bodies, managing committees, incidental thereto whether movable or immovable including lands, buildings, documents, books and registers, cash-balance, reserve fund, capital investment, furniture and fixtures and other things, shall on the date of taking over, stand transferred to and vest in the state government free from all .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC985; JT2007(2)SC243; (2007)2LLJ549SC; 2007(2)SCALE328; (2007)3SCC73; 2007(3)SLJ20(SC); 2007AIRSCW752;
..... aidc, in their written statement, raised preliminary objection, specifically with the issues under reference, inter-alia, questioning the maintainability of the reference stating that the purported dispute referred to by the notification is not an industrial dispute within the meaning of industrial disputes act, 1947 (hereinafter called as the act') and the notification issued by the government cannot constitute an industrial dispute because aidc was not a proper or necessary party and the members of the appellant, being employees of a separate company i.e. ..... aidc was a nodal agency of the government of assam and was acting only as a promotional organization for promoting ipal at the initial stages. ..... background facts in a nutshell are as follows:the appellant, being the registered trade union, looking after the welfare of its members employed by aidc in its extensible sack kraft. ..... paper project (for sake, called as 'eskpp') under ipal, raised a dispute for non-payment of salaries of its members by aidc after october 1998 on the plea that the members of the appellant were not the employees of aidc but of the ipal. ..... in the written statement before the labour court, aidc has taken specific stand in the following manner:that when the employees were paid regular salary by ipal project from its own fund/account at that time no such demand was raised by the employees of ipal. .....
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