Judgment Search Results Home > Cases Phrase: the calicut university amendment amending act 1998 1 Court: us supreme court Page 5 of about 2,643 results (0.247 seconds)

M/S. Electronics Corporation of India Ltd. Etc. Etc. Vs. Secretary, Re ...

Court : Supreme Court of India

Reported in : AIR1999SC1734; 1999(3)SCALE123; (1999)4SCC458

..... consequent upon amending act 28 of 1974, with effect from 1st july, 1974, the definition of 'owner' was amended and the following, so far as is relevant here, was added: 'and also includes in respect of the land owned by the state government or the central government (i) the lessee, if the land has been leased out by that government for any commercial, industrial or other non agricultural purpose.. ..... the tenor of the affidavit was that the act had been amended by act 28 of 1974 and that, thereby, the appellant company had become liable to pay non agricultural assessment upon the said land.7 ..... prior to amending act 28 of 1984, the act did not apply to land owned by the state government or the central government. ..... the defence to the writ petition filed by the appellant company was, as we have already stated, exclusively based upon the amendments made by act 28 of 1974 in the act. ..... by virtue of the amended definition of 'owner' under section 2(j) of the act, the appellant company is the owner of the said land and, by virtue of section 3, is liable to pay non-agricultural assessment thereon ..... with effect from 1st july, 1974, section 12 of the act was amended so that it now applied to land which was owned by the central or a state government and was leased out for any commercial, industrial or other non-agricultural purpose ..... the discussion so far relates to demands for non-agricultural assessment subsequent to 12th july 1974, when the amendments made by act 28 of 1974 in the act came into .....

Tamil Nadu Electricity Board Vs. Sumathi and Others

Court : Supreme Court of India

Reported in : II(2000)ACC1; JT2000(5)SC526; (2000)3MLJ124(SC); 2000(4)SCALE297; (2000)4SCC543; (2000)2UPLBEC1611

..... rule of the court.3. ..... the questions, which arise for consideration in this batch of eight appeals, are: (1) can the high court under article 226 of the constitution award compensation for the death caused due to electrocution on account of improper maintenance of electric wires of equipment by the tamil nadu electricity board, the appellant; and (2) whether the high court while exercising jurisdiction under article 226 of the constitution appoint an arbitrator under the arbitration and conciliation act, 1998 (new act) to decide the quantum of compensation and then make the award of the arbitrator .....

Sahara India Real Estate Corp. Ltd. Vs. Securities and Exchange Board ...

Court : Supreme Court of India

..... the view in england, on interpretation, has been and is even today, even after the human rights act, 1998 that the right of free speech or right to access the courts for the determination of legal rights cannot be excluded, except by clear words of the statute. ..... before examining the provisions of article 19(1)(a) and article 21, it may be reiterated, that, the right to freedom of speech and expression, is absolute under the first amendment in the us constitution unlike canada and india where we have the test of justification in the societal interest which saves the law despite infringement of the rights under article 19(1)(a). ..... as stated, right to freedom of expression under the first amendment in us is absolute which is not so under indian constitution in view of such right getting restricted by the test of reasonableness and in view of the heads of restrictions under article 19(2). ..... as stated, in us such orders of postponement are treated as restraints which offend the first amendment and as stated courts have evolved neutralizing techniques to balance free speech and fair trial whereas in canada they are justified on the touchstone of section 1 of the charter of rights. ..... thus, the clash model is more suitable to american constitution rather than indian or canadian jurisprudence, since first amendment has no equivalent of article 19(2) or section 1 of the canadian charter. ..... the first amendment does not tolerate any form of restraint. .....

Academy of Nutrition Improvement and ors. Vs. Union of India

Court : Supreme Court of India

..... . we therefore allow this writ petition in part and declare that rule 44-i of the prevention of food adulteration rules, 1955 (inserted by prevention of food adulteration (eighth amendment) rules 2005) is beyond the rule- making power of the central government and ultra vires the act subject to the continuation of the ban contained in rule 44-i for a period of six months in terms of the previous paragraph ..... . it is noted that people suffering from asthama are very sensitive to iodine and as such may prove health hazard upto sudden death when universal use of iodised salt is made (preventive and control of iodine deficiency disorders by basil & hetzel, united nations publication, march 1988 page 76-77 and n ..... . union of india - 1998(4)scc409, this court observed: the supreme court in exercise of its jurisdiction under article 142 has the power to make such order as is necessary for doing complete justice between the parties in any cause or matter pending before it ..... . lewis e braverman in his article adequate iodine intake - the good far outweighs the bad , [european journal of endocrinology, 1998, vol ..... . the said rule 44-h came into effect on 27.5.1998 .....

The Gandhi Faiz-e-am College, Shahjahanpur Vs. University of Agra and ...

Court : Supreme Court of India

Reported in : AIR1975SC1821; (1975)2SCC283; [1975]3SCR810

..... section 33a(1)(a) of the gujarat university act, 1949, which fell lor consideration in that case, among other matters, read :33a(1) every college (other than a government college or a college maintained by the government) affiliated before the commencement of the gujarat university (amendment) act. ..... government college or when affiliated , which is not main- lege maintained by the go- tained exclusively by government vernment) affiliated before must be under the management of a the commencement of the regular constituted governing body gujarat university (amend- (which term includes managing ment)-act, 1972 (hereinafter committee) on which the staff of the in this section referred to as college shall be represented by the such commencement)- principal of the college and at least one representative of the teachers of (a) shall be under the management the college to be appointed by ro- of a governing body which shall include tation .....

Marathwada University Vs. Seshrao Balwant Rao Chavan

Court : Supreme Court of India

Reported in : AIR1989SC1582; JT1989(2)SC276; 1989LabIC1532; (1989)IILLJ161SC; 1989(1)SCALE996; (1989)3SCC132; [1989]2SCR454; 1989(3)SLJ50(SC); 1989(2)LC403(SC)

..... for his belief that there was an emergency; and the action taken by him, to such authority or body as would in the ordinary course, have dealt with the matter...11(6) (a): it shall be lawful for the vice-chancellor, as the principal executive and academic officer, to regulate the work and conduct of the officers, and of the teaching, academic and other employees of the university, in accordance with the provisions of this act, the statutes, ordinances and regulations.11(7) : the vice-chancellor shall exercise such other powers and perform such ..... he shall be appointed by the chancellor and shall ordinarily hold office for a term of three years, section 11 roads, so for as meterial, as follows:11(1) ; the vice-chancellor shall be the principal executive and academic officer of the university, and shall in the absence of the chancellor, preside at the meetings of the senate and at any convocation of the university...11(3) : it shall be the duty of the vice-chancellor to ensure that the provisions of this act, the statutes, ordinances and regulations are faithfully observed. .....

P.V. George and ors. Vs. State of Kerala and ors.

Court : Supreme Court of India

Reported in : AIR2007SC1034; 2007(2)ALD51(SC); [2007(113)FLR21]; JT2007(2)SC394; 2007(1)KLT833(SC); (2007)2LLJ522SC; 2007(2)SCALE262; (2007)3SCC557; [2007]3SCL262(SC)

..... this being the case, since the full bench and now this court has taken the view that the interpretation placed on the provisions of law by the division bench in bhakre's case was erroneous, it will have to be held that the appointments made by the university on march 30, 1985 pursuant to the law laid down in bhakre's case were not according to law. ..... 36 that 'the issue of retrospectivity is likely to assume an added importance when the human rights act 1998 is brought into force'. ..... whereas the decision in daniel (supra) was expressly overruled, the decision in ravindran (supra) was upheld, holding:we hold that the impugned amendment made in the special rules for the government presses subordinate service providing ratio of 1 : 1 for promotion to higher posts between diploma holders and certificate holders is not discriminatory and it is not violative of articles 14 and 16 of the constitution of india. ..... by a judgment dated 04.11.2004, the full bench held that the amended special rules for the government presses subordinate services rules were not suffering from any infirmity and fixation of ratio of 1 : 1 for promotion to higher posts between diploma-holders and certificate-holders needs no interference. ..... government is bound to effect promotions on the basis of the amended special rules.a special leave petition filed there against was dismissed by this court by an order dated 04.03.2005.8. .....

Snehadeep Structures Private Limited Vs. Maharashtra Small Scale Indus ...

Court : Supreme Court of India

Reported in : JT2010(1)SC70; 2010(1)SCALE108; (2010)3SCC34; 2010(2)LC688(SC)

..... however, section 7 contained the word 'award' even before such reference mechanism was incorporated in the interest act by way of the amendment act, 1998. ..... the division bench of the high court after considering various decisions cited by both the parties before us and some of the dictionaries dealing with the term 'appeal', held:applying these principles, in our opinion and considering the history of the act and the legislation which were in force when the interest act was enacted, it would be clear that the application to challenge the award under section 34 apart from it not being a judicial proceedings or emanating from the court, cannot be considered as an appeal within the meaning of section 7 of the act.12. ..... : (2003) 8 scc 50 on which the single judge of the high court relied on while delivering his judgment, which was set aside by the division bench of the high court by the impugned order, had categorically held that the term 'appeal' cannot have a universal meaning fitting all contexts and purposes.24. .....

Kamalanantha and ors. Vs. State of Tamil Nadu

Court : Supreme Court of India

Reported in : AIR2005SC2132; (SCSuppl)2006(1)CHN41; 2005(3)CTC764; JT2005(4)SC170; (2005)5SCC194

..... this court, after considering the divergent views of the privy council as to whether mismisjoinder of charges is not saved by section 537(o1d) and 465 (new), the court then said at p.335 (2) scr as under:-'in this state of law, the parliament has intervened to set at rest the conflict by passing act xxvi of 1955 making a separate provision in respect of errors, omissions or irregularities in a charge and also enlarging the meaning of the expression such errors etc. ..... cheemalapati ganeswara rao : [1964]3scr297, the court noticed the decisions rendered in slaney (supra) and birichh bhuian (supra) and said at p.332 (3) scr as under:-'even if we were to assume that there has been a mismisjoinder of charges in violation of the provisions of sections 233 to 239 of the code, the high court was incompetent to set aside the conviction of the respondents without coming to the definite conclusion that mismisjoinder had occasioned failure of justice. ..... (6) he admit that the test was conducted at the laboratory called university diagnostics laboratory, london and that he had a working arrangement with the above said laboratory, but they are professionally independent. ..... after the amendment there is no scope for contending that mismisjoinder of charges is not saved by section 537 of the criminal procedure code if it has not occasioned a failure of justice. .....

All India Federation of Tax Practitioners and ors. Vs. Union of India ...

Court : Supreme Court of India

Reported in : AIR2007SC2990; (2008)5CompLJ488(SC); (2007)211CTR(SC)449; 2007(120)ECC451; 2007LC451(SC); [2007]293ITR406(SC); JT2007(10)SC305; (2007)6MLJ1062(SC); 2007(10)SCALE178; 2007(7)SCC527

..... it was further submitted that with the constitution (eighty-eighth amendment) act, 2003 by which entry 92c is inserted, the controversy is closed and, therefore, there is no question of going behind the said entry which has accepted the validity of the impugned judgments by constitutional amendments.findings:(i) meaning of 'service tax':17. ..... we are concerned in this case with the services provided by architects, chartered accountants and cost accountants covered by the finance act, 1998.relevant provisions of the constitution of india14. ..... broadly, to the same effect, is the finance act of 1998. ..... 2) act, 1998 received the assent of the president of india ..... 142/99 upholding the legislative competence of parliament to levy service tax vide finance act, 1994 and finance act, 1998. ..... we hold that parliament has legislative competence to levy service tax by way of impugned finance acts of 1994 and 1998 under entry 97 of list i on chartered accountants, cost accountants and architects. ..... at this stage, we may state that the above discussion shows that what was the economic concept, namely, that there is no distinction between consumption of goods and consumption of services is translated into a legal principle of taxation by the aforestated finance acts of 1994 and 1998.scheme of the finance act, 1994 and finance act, 199812. ..... in the present case, we are concerned with the period covered by the finance acts of 1994 and 1998. ..... for each contract, tax is levied under the finance acts, 1994 and 1998. .....