Judgment Search Results Home > Cases Phrase: the chhattisgarh muncipalities amendment act 2011 Court: us supreme court Page 17 of about 1,282 results (0.199 seconds)

Dayaram Vs. Sudhir Batham and ors.

Court : Supreme Court of India

Reported in : (2012)1SCC333

..... a bench of seven judges while overruling the earlier decision held that section 7(1) of the criminal law amendment act, 1952 created a condition that notwithstanding anything contained in the code of criminal procedure or any other law, the offences under section 6(1) of the said act to be tried by special judges only; and therefore the order dated 16.2.1984 [reported in (1984) 2 scc 183] transferring the cases to high court was not authorized by ..... right can be taken away only by an express amendment to the act or by repeal of that act, or by necessary intendment, that is where a clear inference could be drawn from some legislation that the legislature intended to take away the said right. ..... court issued various directions with the following preamble:"as pointed out in vishakha (supra), it is the duty of the executive to fill the vacuum by executive orders because its field is co-terminus with that the legislature, and where there is inaction even by the executive for whatever reason, the judiciary must step in, in exercise of its constitutional obligations under the aforesaid provisions to provide a solution till such time as the legislature acts to perform its role by enacting proper legislation to cover the field. 59. ..... there is an express bar of the jurisdiction of the court, an examination of the scheme of the particular act to find the adequacy or the sufficiency of the remedies provided may be relevant but is not decisive to sustain the jurisdiction of the civil court."19. .....

Kamatchi Vs. Lakshmi Narayanan

Court : Supreme Court of India

..... in antulay 1984 case6 this court was dealing inter alia with the contention that a private complaint is not maintainable in the court of the special judge set up under section 6 of the criminal law (amendment) act, 1952 ( the 1952 act ). ..... to institute a suit for compensation or damages for the injuries caused by the acts of domestic violence committed by the respondent: provided that where a decree for any amount as compensation or damages has been passed by any court in favour of the aggrieved person, the amount, if any, paid or payable in pursuance of the order made by the magistrate under this act shall be set off against the amount payable under such decree and the decree shall, notwithstanding anything contained in the code of civil procedure, 1908 (5 of 1908), or any ..... thereafter, an application under section 12 of the act was preferred by the wife seeking 23 (1996) 1 scc43524 (1997) 3 scc44325 (2011) 6 scc50826 (2016) 2 scc70527 return of stridhan articles and allied reliefs. ..... the effect of the proceedings culminating in decree for divorce was considered by this court as under:- 21 (2011) 12 scc58825 16. .....

Jindal Stainless Ltd. and Anr. Vs. State of Haryana and Ors.

Court : Supreme Court of India

..... . nothing in articles 301 and 303 shall affect the provisions of any existing law except in so far as the president may by order otherwise direct; and nothing in article 301 shall affect the operation of any law made before the commencement of the constitution (fourth amendment) act, 1955, in so far as it relates to, or prevent parliament or the legislature of a state from making any law relating to, any such matter as is referred to in sub- clause (ii) of clause (6) of article 19 ..... . /2011 cc no.2103, slp(c) no.3433/2011, slp(c) no.4730/2011, slp(c) no.4743/2011, slp(c) no.4747/2011, slp(c) no.4750/2011, slp(c) no.5094/2011, slp(c) no.5105/2011, slp(c) no.5106/2011, slp(c) no.5110/2011, slp(c) no.5112/2011, slp(c) no.6351/2011, slp(c) no.6492/2011, slp(c) no.8571/2011, slp(c) no.9758/2011, ca no.9900-9903/2011, slp(c) no.12605/2011, slp(c) no.13451/2011, slp(c) no.13525/2011, slp(c) no.13526/2011, slp(c) no.14144/2011, slp(c) no.14269/2011, slp(c) no.14342/2011, slp(c) no.18858/2011, slp(c) no.18859/2011, slp(c) no.18862/2011, slp(c) no.18863/2011, slp(c) no.18864/2011, slp(c) no.33344/2011, wp(c) no.278/2012, wp(c) no.290/ ..... . creation of state of uttarakhand from the undeveloped hilly area of uttar pradesh; state of jharkhand from the predominantly tribal areas of the state of bihar, state of chhattisgarh from the state of madhya pradesh and the recent bifurcation of the state of telangana from the state of andhra pradesh comes to mind .....

Rajendra Shankar Shukla and Ors. Etc. Vs. State of Chhatisgarh and Ors ...

Court : Supreme Court of India

..... . therefore, without an official amendment to the chhattisgarh act and without following the mandatory procedure, no reconstitution of land under the town development scheme can take place ..... . the affidavit of rda dated 23.11.2011 by way of its reply to the writ petitions, has taken the following stand: however, finally the committee came to the conclusion that as the scheme is to be made in participation with, the general public, therefore, neither any charge would be levied on the public under any head nor any compensation would be payable to any of the members of public on account of reduction of his plot size or value however, while finally making its recommendation the committee on internal page no.114 and 115 of the ..... . the respondent no.2- rda on the other hand, has taken the following stand in their common counter affidavit dated 23.11.2011 filed in the writ petition proceedings: that, thus, earlier the master plan, 2021 is modified as per scheme under section 23a or the scheme is modified as per master plan under section 52(1) (b) of the act, the net results remains that there is no violation of master plan, 2021 and therefore, the allegations of the petitioner that the scheme has been formulated and finalised in violation of the master plan, 2021 is incorrect ..... . as per the condition (v) of the general condition of the environmental clearance (ec) dated 25.1.2011, if the rda has changed the scope of the project, it has to take a fresh ec .....

Govt. Of Nct Of Delhi Vs. Union Of India

Court : Supreme Court of India

..... state with respect to any period before the commencement of the 1956 constitution amendment shall mean a part a state, a part b state, or a part c state, and with respect to the period after the amendment shall include a state specified in the first schedule to the constitution and shall include a union territory: (58) state (a) as respects any period before the commencement of the constitution (seventh amendment) act, 1956, shall mean a part a state, a part b state or a part c state; and (b) as respects any period after such commencement, shall mean ..... 1, 1956, and it will, for obvious reasons, be futile to contend that it should have continued to be applicable for all time to come and remained the final definition of state merely because the period of three years provided by clause (3)(a) of article 372 of the constitution expired and was not extended by an amendment of that clause, or because article 367(1) was not amended by the seventh amendment act to say that adaptations made in the general clauses act otherwise than those made under article 372(2) would be applicable .....

Union Of India Vs. Rajendra N Shah

Court : Supreme Court of India

..... . notwithstanding anything in this part, any provision of any law relating to co-operative societies in force in a state immediately before the commencement of the constitution (ninety-seventh amendment) act, 2011, which is inconsistent with the provisions of this part, shall 11 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 less.5 ..... notwithstanding anything in this part, any provision of any law relating to co-operative societies in force in a state immediately before the commencement of the constitution (ninety-seventh amendment) act, 2011, 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 less.].7. ..... these appeals raise an important question as to the vires of the constitution (ninety seventh amendment) act, 2011 [the constitution 97th amendment act ]. ..... pursuant to these minutes, and after various consultations by the centre with the state governments, the constitution (ninety seventh amendment) act, 2011 was passed. ..... the constitution 97th amendment act was passed by the requisite majority of the lok sabha on 27.12.2011 and the rajya sabha on 28.12.2011. .....

Govt. Of Nct of Delhi Vs. Union of India

Court : Supreme Court of India

..... . a recommendation of the lieutenant governor, prior to the introduction of a bill or amendment in the legislative assembly is mandatory, where it incorporates a provision for any of the following : (a) the imposition, abolition, remission, alteration or regulation of any tax ; (b) the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the government of the capital; (c) the appropriation of moneys out of the consolidated fund of the capital; 77 act 1 of 1992 (referred hereinafter as the gnctd act ) 78 section 3, gnctd act 79 section 5, gnctd act 80 section 9, gnctd act 81 section 22, gnctd act 93 part i (d) the declaring of any expenditure to be expenditure charged on the consolidated fund of the capital or the increasing of the ..... . secretary of state for health71 ruled: 69(2011) 7 scc17970 (2006) 8 scc20271(2003) ukhl13: (2003) 2 ac687: (2003) 2 wlr692(hl) 126 the pendulum has swung towards purposive methods of construction ..... . journal of indian law institute (2011), at page 513 50 john wanna, ministers as ministries and the logic of their collective action , in keith dowding & chris lewis (eds ..... . lord hardinge in his dispatch of 25.08.2011 emphasised that the capital of a great central government should be separate and independent, and effect has been given to this principle in the united states of america, canada and australia .....

Mineral Area Development Authority Etc. Vs. M/s Steel Authority Of Ind ...

Court : Supreme Court of India

..... concession may, on a certificate of such officer as may be specified by the state government in this behalf by general or special order, be recovered in the same manner as if it were an arrear of land revenue and every such sum which becomes due to the government after the commencement of the mines and minerals (regulation and development) amendment act, 1972, together with the interest due thereon shall be a first charge on the assets of the holder of the mineral concession, as the case may be.10.7 under the scheme of the act, royalty shall be payable in respect of mining leases. ..... located in a few mineral rich states, namely, andhra pradesh, chhattisgarh, gujarat, jharkhand, karnataka, madhya pradesh, orissa, rajasthan, and west bengal.11 since mineral resources are a shared inheritance of the people, it has always been the imperative of the indian state to ensure equitable distribution of mineral wealth to sub-serve the common good.12 considering the socio-economic importance of mineral resources to economic development, the constitution has emphasized that the state shall play an important role in facilitating and regulating ..... (civil) no.906 of 2007 with civil appeal no.3401 of 2008 with civil appeal no.3400 of 2008 with civil appeal no.3402 of 2008 3 with civil appeal no.8311 of 2011 with civil appeal no.4293 of 2012 with civil appeal no.2055 of 2009 with t.p. .....

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

..... was respected (and deservedly so) counts for virtually nothing with the passage of the 99th constitution amendment act and the njac act; the chief justice of india is rendered, by the 99th constitution amendment act to a mere voting statistic and one among six in the njac virtually stripping him/her of the constitutional responsibility of appointing judges to the superior courts and denuding him/her of the authority conferred by history, constitutional convention and the constitution; the chief justice of india and the institution of the judiciary is now subject to a veto by civil society in ..... court bar association, jabalpur (madhya pradesh), the advocates association bangalore (karnataka), the central excise, customs (gold) control bar association, new delhi, the advocates association, allahabad (uttar pradesh), the karnataka advocates federation, bangalore (karnataka), the allahabad high court bar association (uttar pradesh), the goa high court bar association, panaji (goa), the society of india law of firms, new delhi, the chhattisgarh high court bar association, bilaspur (chhattisgarh), the nagpur high court bar association, nagpur ..... . judges inquiry committee & another, (2011) 8 scc474 while the 1st of the said two events pertains to the appointment of a judge of the madras high court, the 2nd pertains to the recommendation made by the cji (collegium) regarding elevation of the chief justice of a high court to this court.60 .....

Rajbala and Ors. Vs. State of Haryana and Ors.

Court : Supreme Court of India

..... very specifically pleaded in the writ petition, elaborate submissions are made on the questions (i) whether the stipulations contained in the impugned amendment are in the nature of prescription of qualifications or disqualifications for contesting the elections under the act; (ii) if the impugned stipulations are in the nature of a prescription of qualifications whether the state legislature is competent to make such stipulations consistent with the scheme of the constitution, as can be culled out from the language of article 243f and other related provisions of the constitution.16. ..... nariman submitted that inasmuch as a large number of persons falling within the exempted categories are allowed to consume intoxicating liquors in the state of andhra pradesh, the total prohibition of manufacture and production of these liquors is "arbitrary" and the amending act is liable to be struck down on this ground alone. ..... of the act the minimum qualifying age for contesting any panchayat election is 21 years) are as follows: national population register 2011 number of persons above 20 years of age vis- -vis their educational qualification | |total population |sc population | |total | |males | |females | |total | |males | |females | | |illiterate |3660892 |38% |1211555 |24% |2449337 |53% |980908 |48% |367755 |34% |613153 |63% | |unspecified literate & ..... that as per the national population register 2011, total rural population in the state is 1.65 cr out of which 96 lac are above 20 years .....