Court : Supreme Court of India
Reported in : 2009(4)BomCR774; JT2008(9)SC551; 2008(11)SCALE391; (2008)9SCC720; 2008(2)LC1155(SC); 2008(6)Supreme89
..... defined in clauses (i) to (iv) of sub-section (1), and such companies shall be deemed, for the purposes of this act, to have been formed and registered outside india: (a) a company the registered office whereof is in burma, aden or pakistan and which immediately before the separation of that country from india was a company as defined in clause (i) of sub-section (1);(3) every private company, existing on the commencement of the companies (amendment) act, 2000, with a paid-up capital of less than one lakh rupees, shall, within a period of two ..... the said provisions would have been struck down as having now become unreasonable and arbitrary but we think it is not necessary to strike down the same in view of the fact that the present extended period of the bombay rent act comes to an end on 31-3-1998. ..... all or any of the provisions of this act shall, subject to such conditions and terms as it may specify, not apply-(i) to premises used for public purpose of a charitable nature or to any class of premises used for such purposes;(ii) to premises held by a public trust for a religious or charitable purpose and let at a nominal or concessional rent; (iii) to premises held by a public trust for a religious or charitable purpose and administered by a local authority; or (iv) to premises belonging to or vested in an university established by any law .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC852; 2002(1)ARBLR112(SC); [2002(2)JCR177(SC)]; JT2002(1)SC294; 2002(1)SCALE327; (2002)9SCC232; [2002]1SCR441; (2002)1UPLBEC814
..... union of india (1979) 3 scc 431, wherein in paragraph 57 this court in unequivocal terms expressed the intention that the state act which was undoubtedly the dominant legislation would only be in addition to and not in derogation of any other law for the time being in force, which manifestly includes the central acts, namely the indian penal code, the corruption act and the criminal law (amendment) act. ..... union of india and others (1998) 7 scc 26, tikaramji and calcutta gas have been followed and it has been held that the term 'industry' in entry 24 of list ii and entry 52 of list 1 could have the same meaning and it would not take within its ambit trade and commerce or production, supply and distribution of goods coming within the province of entry 26 and 27 of list ii. ..... sanghi is achieved by the enforcement of the amending act which exhausts itself by merely introducing the amending provisions into the parent act so that the requirement of sub- section (1) of section 3 of the parent act, namely bringing into force the newly added sections will have to be complied with. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1034; (1973)1SCC216; [1973]2SCR502; [1973]31STC178(SC)
..... . before the commencement of the amending act shall be deemed to have been issued under that section as amended by the amending act and shall be so interpreted and be deemed to be and always to have been as valid as if the provisions of the amending act were in force at all material times and accordingly, anything done or any action taken (including any order made, proceedings taken, jurisdiction exercised, assessment made, or tax levied, collected or paid, purporting to have been done or ..... can be imposed by a retrospective legislation;(2) that the legislature cannot in case of legislation of the nature with which we are concerned, separate into independent commodities split and unsplit pulses or processed or unprocessed pulses and on that footing seek to impose tax twice over on the same commodity in respect of the goods liable to be taxed at a single point;(3) that the newly added explanation to section 3-d read with section 7 of the amending act amounts to an unlawful usurpation of judicial power by the legislature;(4) the newly added explanation ii to section 3-d is violative ..... though at the time of the institution of the writ petitions from which these appeals arise, the ordinance had not yet been made into the act, the amending act came into force during the pendency of the writ petitions. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2004(8)SCALE871; (2004)12SCC645; 2005(1)LC98(SC)
..... for bhavnagar university since 1965 under the town planning act had lapsed and for further declaration that the land is free for development the collector of bhavnagar issued a suo motu notice even though the issues are covered by the earlier proceedings and finally decided by the authorities in favour of the appellant the suo motu notice was challenged by the appellant in the high court the high court quashed the show cause notice dated 25.1.1996 of the collector seeking to revise the order passed by the deputy collector ..... cultivation was excluded from the purview of the gujarat agricultural land ceiling act, 1960.3) the right, title entry made in the revenue records in respect of the lands in question in the name of the appellant has become final and conclusive and, therefore, removal of the appellant from any of the survey numbers in question is not permissible.4) the declaration issued by the competent authority and additional collector under the ulc act, in exercise of the power under section 21(1) of the ulc act after verifying the title of the appellant in respect of the above survey numbers is final ..... on 01.04.1976, the gujarat agricultural land ceiling (amendment) act, 1972 came into force amending the definition of land so as to include the bid land as well within the definition of land. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC2826; JT2000(9)SC184; 2000(5)SCALE618; (2000)8SCC278; [2000]Supp2SCR440
..... , or otherwise howsoever, or (b) to interfere with any rules made (b) to interfere with any rules (b) to interfere with any rules by the judicial committee of the made by the judicial committee made by the supreme court, privy council, and for the time of the privy council, and for and for the time being in force, being in force, for the presentation the time being in force, for the for the presentation of of appeals to her majesty in council presentation of appeals to his appeals to that court, or their or their conduct ..... the high court is a prize court within the meaning of the naval prize acts 1864 to 1916, as amended by any subsequent enactment, and has all such jurisdiction on the high seas and throughout her majesty's dominions and in every place where her majesty has jurisdiction as, under any act relating to naval prize or otherwise, the high court of admiralty possessed when acting as a prize court. ..... : [1998]2scr1032 wherein this court had the following to observe:20. ..... 2 subsequently remained ex-parte and a decree for dam ages for breach of salvage contract was passed by the english court on 02.11.1998. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1998VIIAD(SC)37; AIR1998SC3085; (1999)1CALLT22(SC); 1999(1)CTC175; JT1998(6)SC289; 1998(5)SCALE195; (1998)7SCC184; [1998]Supp1SCR485
..... rejection of plaint - the plaint shall be rejected in the following cases :(a) xxx xxx xxx (b) xxx xxx xxx (c) xxx xxx xxx(d) where the suit appears from the statement in the plaint to be barred by any law' :we have, therefore, to see the averments in the plaint for deciding whether on the averments in the plaint, the suit can be said to have been barred under section 69 sub-section (2) of the partnership act as that is the only bar which is relied upon by the learned senior counsel for the appellant for non-suiting the plaint. ..... . singhvi for the respondent that the said decision was directly concerned with second part of section 69(2) of the partnership act and it held that subsequent amendment of the plaint filed by a firm whose reconstitution was not got registered under the act earlier was of no avail and suit could not be saved ..... . at the request of learned counsel for the appellant, time to vacate the suit premises is granted till 30.6.1999 on the appellant's filing usual undertaking in the registry of this court within four weeks from today and also on further condition that from 1.10.1998 till the premises are vacated or till 30.6.1999, whichever is earlier, the appellant will pay by way of occupation charges rs .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [2008]143CompCas325(SC); (2008)5CompLJ369(SC); (2007)213CTR(SC)301; [2008]297ITR176(SC); 2007(13)SCALE204; [2007]80SCL283(SC); 2007AIRSCW7443
..... act. learned counsel, therefore, submitted that accounting standard, as prescribed by the rules under section 642(1) of the act run contrary to or being inconsistent with schedule vi of the companies act without any amendment being made under section 641(1) of the act according to the learned counsel, rules framed under section 642(1) of the act do not have any effect as if enacted in the companies act; that, the effect of amendment of schedule under section 641 is as if enacted in the act but rules framed under section 642 do not have that ..... the chartered accountants act, 1949, the institute of cost and works accountants of india constituted under the cost and works accountants act, 1959 and the institute of company secretaries of india constituted under the company secretaries act, 1980;(c) one representative of the central government to be nominated by it;(d) one representative of the reserve bank of india to be nominated by it;(e) one representative of the comptroller and auditor-general of india to be nominated by him;(f) a person who holds or has held the office of professor in accountancy, finance or business management in any university or deemed university;(g) the chairman of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC1630; JT1991(4)SC548; 1991(2)SCALE1217; (1992)1SCC558; [1991]Supp3SCR121
..... union of india : [1968]1scr833 the challenge was mainly directed to certain amendments made in the aligarh muslim university act, 1920 by the amendment act of 1951 and also of 1965. ..... the delhi university in its affidavit-in-opposition has justified the issuance of the aforesaid circulars with reference to the provisions of the delhi university act, the ordinance ii and the relevant statutes of the university. ..... the court observed that although the nucleus of aligarh muslim university was the mohammadan anglo-oriental college which was till 1920 a teaching institution, the conversion of that college into the university was not by the muslim minority but it took place by virtue of the act of 1920 which was passed by the then central legislature. ..... the petitioners took the plea that by the amendments made in 1965, the management was deprived of the right to administer aligarh muslim university and that this deprivation was in violation of article 30(1) of the constitution. ..... having regard to the nature of the contention raised, it was found necessary for this court to make a detailed study of the history of the aligarh muslim university in the light of the provisions of the university act, 1920. ..... it may also be noted that the delhi university is governed by the delhi university act 1922, the statutes and the ordinances and the rules and regulations made thereunder. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : [1999]112STC277(SC)
..... but authority of the income-tax officer under the act before it was amended by the finance act of 1956, having already come to an end, the amending provision will not assist him to commence a proceeding even though at the date when he issued the notice it is within the period provided by that amending act. ..... by the amending act a proviso was added to sub-section 2 as under :-'provided that if the commissioner of sales tax, on being satisfied on the basis of reasons recorded by the assessing authority that it is just and expedient so to do authorities the assessing authority in that behalf, such assessment or re-assessment may be made after the expiration of the period aforesaid but not after the expiration of eight years from the end of such year notwithstanding that such assessment or re-assessment may involve a change of opinion.'10 ..... the fact that there has been no determinable point of lime between the expiry of the time provided under the old act and the commencement of the amending act. ..... it is true that under the amending act by section 18 of the finance act, 1956, authority was conferred upon the income-tax officer to assess a person as an agent of a foreign party under section 43 within two years from the end of the year of assessment. ..... to ascertain whether it was the intention of the legislature to deprive a taxpayer of the plea that action for assessment or re-assessment could not be commenced, on the ground that before the amending act became effective, it was barred .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1984SC684; AIR1984SC991; (1984)86BOMLR365; 1984CriLJ613; 1984CriLJ819; 1984(1)Crimes568(SC); 1984(1)Crimes926(SC); 1984(1)SCALE198; 1984(1)SCALE583; (1984)2SCC183; (1984
..... when the case was called out on october 18/1982, an application was moved on behalf of the accused inter alia contending that the court of the learned special judge had no jurisdiction in view of the provision contained in section 7 of the criminal law amendment act, 1952 ('1952 act', for short) and that no cognizance can be taken of offences punishable under sections 161, 165 ipc and section 5 of the 1947 act on a private complaint. ..... 672 that amendment of the constitution is part of the legislative process does not survive as valid any longer because it was admitted that constitution (twenty fourth) amendment act, 1971 in so far as it transfers the power to amend the constitution from the residuary entry or article 248 of the constitution to article 368 is valid. ..... in the appeal, the high court after taking note of clause 9 and clause 12 of section 21 prior to their amendment by act 40 of 1964 held that for clause 9 to apply the person should be an officer 'in the service or pay of the government or remunerated by fees or commission for the performance of any public duty 'and that such pay or remuneration or commission must come from the government'. ..... the facts alleged were that the accused--respondent before this court was an examiner appointed by the university for the first year b.sc. ..... this rule of construction is so universally accepted that it need not be supported by precedents. .....
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