Court : Supreme Court of India
..... the constitution bench referred to the first litigation before this court, the kerala irrigation and water conservation act, 2003, the kerala irrigation and water conservation (amendment) act, 2006, the second litigation before this court, grounds of challenge to the 2006 98 (amendment) act and the defence put forth by the state of kerala. ..... the tribunal was of the view that as 2/3rd of the bengaluru city lay outside the basin, its drinking water requirement for that area only which lay within the cauvery basin along with the remaining basin area and for drinking water requirements for urban and rural population, worked out by projecting the population of the basin for the year 2011, needed to be computed. ..... in oppugnation to propositions put forth by the learned solicitor general, learned counsel for the other states and the senior counsel for the union territory of puducherry submitted 51 (2011) 9 scc152 (2012) 4 scc57853 (1972) 2 scc601402 that section 6a does not confer any extraordinary power on the union of india except that it has the authority to frame a scheme singularly for implementation of the award as passed by the tribunal or if modified by this court. .....
Tag this Judgment!Court : Supreme Court of India
..... orders (amendment) act, 1976 (act no.108 of 1976), the constitution (scheduled tribes) order (amendment) act, 1991 (16 of 1991), the constitution (scheduled tribes) order (second amendment) act, 1991 (39 of 1991), the scheduled castes and scheduled tribes orders (amendment) act, 2002 (32 of 2002), the scheduled castes and scheduled tribes orders (amendment) act, 2002 (10 of 2003), the constitution (scheduled tribes) order (amendment) act, 2003 (47 of 2003), the constitution (scheduled tribes) order (amendment) act 2006 (48 of 2006), the constitution (scheduled tribes) order (amendment) act, 2008 (14 of 2008) and the constitution (scheduled tribes) union territories order (amendment) act, 2008 ..... when new states/union territories were formed such as, nagaland, pondicherry, or sikkim, the scheduled castes or scheduled tribes orders were made in relation to the new states/union territories, for instance, the constitution (nagaland) scheduled tribes order, 1970 after the reorganisation of assam; the constitution (sikkim) scheduled castes order, 1978; the constitution (sikkim) scheduled tribes order, 1978) upon creation of the state of sikkim; the recent ones being upon creation of the states of uttarakhand, chhattisgarh, and jharkhand. ..... 10 8th edition, 2011, volume 9, page 9858 the organisation of the civil services in the indian 43 federal system may be demonstrated as thus: central civil services all india services state civil services central secretariat services subordinate .....
Tag this Judgment!Court : Supreme Court of India
..... section 2 of the amending act was as under: amendment of section 10 of the act, 1981 (bihar act 33, 1982) the words the recommendation for the appointment to posts of teachers in nationalized schools shall be sent to the director, secondary education department by the bihar staff selection commission used in section 10 as substituted by bihar act 14, 2004 are hereby deleted. ..... . no.1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 state andaman & nicobar andhra pradesh arunachal pradesh assam bihar chandigarh chhattisgarh d & n haveli daman & diu delhi goa gujarat haryana hp jammu & kashmir jharkhand karnataka kerala lakshadweep madhya pradesh maharashtra manipur meghalaya mizoram nagaland odisha tentative requirement of additional salary funding 4.87 57.82 183.16 316.94 10460.70 17.83 5867.79 19.76 4.75 56.66 7.82 .78 ..... . state of punjab, 2011 scc online p & h15326 of the high court, while adjudicating upon the above controversy had concluded, that such like temporary employees were not entitled to the minimum of the regular pay scale, merely for reason, that the activities carried on by daily wagers and the regular employees were similar .....
Tag this Judgment!Court : Supreme Court of India
..... shah,266 this court adjudicated the vires of the constitution (ninety seventh amendment) act 2011 which inter alia introduced part ixb under a chapter titled the co-operative societies. ..... ) act 1973, uttaranchal (alteration of name) act 2006, orissa (alteration of name) act 2011 ..... was previously an autonomous state within the state of assam.353 the state of haryana was carved out of the state of punjab.354 the state of chhattisgarh was carved out of the state of madhya pradesh.355 sikkim was admitted into the union of india in 1975 and was granted the status of a full state.356 uttarakhand (previously uttaranchal) was carved out of the state of uttar 348 article 3, constitution of india 349 mysore state (alteration of name) act 1973, madras state (alteration of name .....
Tag this Judgment!Court : Supreme Court of India
..... thus be ascertained on the basis of the following three principles: (1) whether there is direct conflict between the two provisions; (2) whether parliament intended to lay down an exhaustive code in respect of the subject-matter replacing the act of the state legislature and (3) whether the law made by parliament and the law made by the state legislature occupy the same field (emphasis supplied) the judgment noted that a comparison of the provisions of the up act and the amending act indicated that both the legislations were intended to operate in respect of the same subject matter in the same field . ..... interpreting the provisions of the substituted section 29, the constitution bench held: 37 this section has in unequivocable 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 penal code, 1860, the corruption act and the criminal law (amendment) act. ..... the test for determining such repugnancy is indeed to find out the dominant intention of both the legislations and whether such dominant intentions 41 (2011) 8 scc708185 part h of both the legislations are alike or different. .....
Tag this Judgment!Court : Supreme Court of India
..... . departure therefrom cannot be * * * (5) section 33-b inserted by the representation of the people (third amendment) act, 2002 does not pass the test of constitutionality, firstly, for the reason that it imposes a blanket ban on dissemination of information other than that spelt out in the enactment irrespective of the need of the hour and the future exigencies and expedients and secondly, for the reason that the ban operates despite the disclosure of information now provided for is deficient and inadequate ..... . (2) any person who stands disqualified under section 8a of this act as it stood immediately before the commencement of the election laws (amendment) act, 1975 (40 of 1975), may, if the period of such disqualification has not expired, submit a petition to the president for the removal of such disqualification for the unexpired portion of the said period ..... . dinesh dwivedi, learned senior counsel appearing for the petitioners in writ 18 milan vaishnav, when crime pays: money and muscle in indian politics, yale press university, new haven (2017) 70 petition (civil) no.536 of 2011 and mr ..... . no.4604/2011/sc/pil(w] .....
Tag this Judgment!Court : Supreme Court of India
..... ., unintended pregnancy and abortion by income, region, and the legal status of abortion: estimates from a comprehensive model for 1990 2019, 8(9) lancet global health (2020) 38 part e and unsafe abortions, the mtp amendment act 2021 intended to improve the availability and quality of legal abortion care for women by liberalizing certain restrictive features of the unamended mtp act and by increasing the legal limit of the gestational period within which abortions could be conducted from twenty to twenty-four weeks. iv ..... . however, despite the enactment of the mtp act in 1971, unsafe abortions continue to be the third leading cause of maternal mortality, and close to eight women in india die each day due to causes related to unsafe abortions.66 another study published in the bmj global health points out to the grim statistics of unsafe abortions in india: between the years 2007 and 2011, an estimate of 67% of abortions carried out were classified as unsafe.67 it further observes that disadvantaged women in india, including women from a lower .....
Tag this Judgment!Court : Supreme Court of India
..... purposes: (1) qualifying or excepting certain provisions from the main enactment: (2) it may entirely change the very concept of the intendment of the enactment by insisting on certain mandatory conditions to be fulfilled in order to make the enactment workable: (3) it may be so embedded in the act itself as to become an integral part of the enactment and thus acquire the tenor and colour of the substantive enactment itself; and (4) it may be used merely to act as an optional addenda to the enactment with the sole object of explaining the real intendment of the statutory provision.58. the seventh proviso to section 10 (23c) (vi) ..... these clauses were, however, restored by the direct tax laws (amendment) act, 1989 with effect from 1 april 1990. ..... 4 m/s new noble educational society v the chief commissioner of income tax, (2011) 334 itr303 this batch of writ petitions was decided on 11.11.2010. ..... gurukul ghatkeswar trust, (2011) 332 itr611(ap); cit v. ..... (gurukul ghatkeswar trust, [2011]. .....
Tag this Judgment!Court : Supreme Court of India
..... when no provisions warranting the sanction of the speaker-either specific to the offence (such as the pc act) or specific to the class (such as the maharashtra amendment act, 2015) are enacted, the argument of the appellant stands on fragile grounds. ..... in article 194 of the constitution, in clause (3), for the words shall be those of the house of commons of the parliament of the united kingdom and of its members and committees, at the commencement of this constitution , the words, figures and brackets shall be those of that house and of its members and committees immediately before the coming into force of section 26 of the constitution (forty fourth amendment) act 1978 shall be substituted. ..... the present position of clause (3) is that: (i) the ultimate source of the powers, privileges and immunities of a house of a state legislature and of the members and committees would be determined by way of a legislation; (ii) until such legislation is enacted, the position as it stood immediately before the coming into force of section 26 of the forty-fourth amendment act 1978 would govern; and 24 section 26 of the constitution (forty-fourth amendment) act 1978, w.e.f. ..... , lexis nexis, 2011). .....
Tag this Judgment!Court : Supreme Court of India
..... the additional declaration has done away with any vestige of power in the state in the matter of selection of beneficiaries of the mineral and if section 1a had not been inserted vide 1976 nationalisation amendment act, it may have been possible to argue that the state, as the owner of the mineral, would nonetheless be required to grant the lease under section 10 of the 1957 act by exercising its discretion under section 10(3) albeit subject to further conditionalities imposed by section 3(2) of the cmn act. ..... alia pointed out that (a) competitive bidding would result in substantial increase in the cost of coal for iron/steel undertakings, (b) there were large number of projects under implementation whose viability is based on availability of coal as per the then existing policy, (c) competitive bidding would raise the price of domestic coal, which would result in end-use projects in inland states like chhattisgarh becoming unviable due to additional costs by transporting coal by rail/road, and (d) competitive bidding ..... the central government in its first counter affidavit filed on 22.01.2013 has stated that for the period from 1993 to 31.03.2011, 216 allocations have been made. .....
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