Judgment Search Results Home > Cases Phrase: the chhattisgarh muncipalities amendment act 2011 Court: us supreme court Page 8 of about 1,282 results (0.230 seconds)

Mohd. Farooq Abdul Gafur and anr.;state of Maharashtra Vs. State of Ma ...

Court : Supreme Court of India

Reported in : JT2009(11)SC47; 2009(11)SCALE327; (2010)14SCC641; 2010AIRSCW2574; 2011(3)SCC(Cri)867

..... more firearms than three at the commencement of the arms (amendment) act, 1983, may retain with him any three of such firearms and shall deposit, within ninety days from such commencement, the remaining firearms with the officer in charge of the nearest police station, or subject to the conditions prescribed for the purposes of sub-section (1) of section 21, with a licensed dealer or, where such person is a member of the armed forces of the union, in a unit armoury ..... the words which have been added by the amending act, 1993 have to be given proper meaning and if we accept the ..... less than 5 [one year] but which may extend to three years and shall also be liable to fine; provided that the court may for any adequate and special reason to be recorded in the judgment impose a sentence of imprisonment for a term of less than 6 [one year] section 35 of the arms act, 1959 reads as follows: section 35 - criminal responsibility of persons in occupation of premises in certain cases where any arms or ..... 4 any arms of such class or description as has been specified in that notification in contravention of that section; or (c) sells or transfers any firearm which does not bear the name of the maker, manufacturer's number or other identification mark stamped or otherwise shown thereon as required by sub-section (2) of section 8 or does any act in contravention of sub-section (1) of that section; or (d) being a person to whom sub-clause (ii) or sub-clause (iii) of clause (a) of sub-section (iii .....

Sri Srinivasa theatre and ors. Vs. Government of Tamil Nadu and ors.

Court : Supreme Court of India

Reported in : AIR1992SC999; JT1992(2)SC312; 1992(1)SCALE643; (1992)2SCC643; [1992]2SCR164; [1993]89STC201(SC)

..... , admission system) the rate of tax was 53% of the admission charge, which is now brought down to 40% by the impugned amendment act on the actual number of tickets sold whereas in respect of theatres governed by composition system, the rate of levy - whether it is 27% or any other percentage - is upon the gross collection capacity irrespective of the actual number of tickets sold for a show or over a week. ..... the amendment act is arbitrary, unreasonable and violative of article 14 inasmuch as (a) it classifies theatres situated in a local area into two categories subjecting one such category to a hostile treatment; (b) it equates the theatres situated in village panchayats and village town-ships and other lesser grade municipalities with the theatres in corporation areas and special grade municipalities areas; in short, it seeks to treat unequals equally, which itself is a negation of the guarantee of equal protection of laws. ..... at the time of 1978 amendment act) that the admission system was to continue in force not only in the corporation areas but also in five kilometer radius (belt) abutting each of those areas. ..... with a view to simplify the collection of tax, sections 5(a) and 5(b) were introduced by the 1978 amendment act. ..... indeed by amendment acts 20/83 and 48/86 certain local areas governed by sections 5(a) and 5(b) were removed from their purview and brought back to admission system. ..... in 1989, the act was further amended by tamil nadu act 40 of 1989, the act impugned herein. .....

Society for Un Aided Private Schools of Rajasthan. Vs. U.O.i. and Anot ...

Court : Supreme Court of India

Reported in : 2012(3)MLJ993; 2012(3)KantLJ177; 2012(6)SCC1; 2012(2)KCCR50SN; 2012(4)SCJ318

..... the validity of the constitution (seventy-seventh amendment) act, 1995, the constitution (eighty-first amendment) act, 2000, the constitution (eighty-second amendment) act, 2000 and the constitution (eighty-fifth amendment) act, 2001 were also examined and held valid. ..... parliament, in order to give effect to article 39 and to remove the obstacle for realization of socio-economic rights, inserted article 31a vide constitution (first amendment) act, 1951 and later amended by the constitution (fourth amendment) act, 1955 and both the amendments were given retrospective effect from the commencement of the constitution. ..... minister for education [[2011] zacc 13] dealt with the interplay between private rights and the state's obligation to provide right to education. ..... ; slp (c) no.18599 of 2007 decided on 25.07.2011 filed against the judgment was dismissed by this court directing that petitioners' hospitals to provide medical care to a specified percentage of poor patients since some of the private hospitals are situated on lands belonging to the state or getting other concessions from the state.47. ..... 83 of 2011, submitted that they are following the international baccalaureate system of education; the syllabus, curriculum, method of instructions are totally different from other schools. ..... union of india and others [(2011) 7 scc 179] (in short medical association case), ahmedabad st. .....

Orissa Mining Corporation Ltd. Vs. Ministry of Environment and Forest ...

Court : Supreme Court of India

..... the constitution (73rd amendment) act, 1992, part ix was inserted in the ..... b) in the event of modification or rejection of a claim by the gram sabha or by the sub-divisional level committee or the district level committee, the decision on the claim should be communicated to the claimant to enable the aggrieved person to prefer a petition to the sub divisional level committee or the district level committee, as the case may be, within the sixty days period prescribed under the act and no such petition should be disposed of against the aggrieved person, unless he has been ..... which are recognized under any state law or laws of any autonomous district council or autonomous regional council or which are accepted as rights of tribals under any traditional or customary law of the concerned tribes of any state; k) right of access to bio-diversity and community right to intellectual property and traditional knowledge related to bio-diversity and cultural diversity; l) any other traditional right customarily ..... 2011, referred to the various provisions of the forest rights act and the rules and submitted that the determination of rights of scheduled tribes (sts)/other traditional forest dwellers (tfds) have to be done by the gram sabha in accordance with the machinery provided under section 6 of the act ..... order dated 11.7.2011 has withdrawn the environmental clearance dated 28.4.2009 granted in favour of omc and that omc, without availing of the statutory remedy of the appeal, filed ..... 2011 in the .....

Western Coalfields Limited Vs. Special Area Development Authority, Kor ...

Court : Supreme Court of India

Reported in : AIR1982SC697; (1982)2CompLJ793(SC); 1981(3)SCALE1775; (1982)1SCC125; [1982]2SCR1

..... narasimhan : 1975crilj1639 this court held, after an examination of the relevant decisions, that the broad principle that where a subsequent act incorporates provisions of a previous act then the borrowed provisions become an integral and independent part of the subsequent act and are totally unaffected by any repeal or amendment in the previous act, is subject to four exceptions, one of which is that the principle will not apply to cases 'where the subsequent act and the previous act are supplemental to each other'.17. ..... the first contention of the learned attorney general is that respondent 1 can exercise only such powers to levy property tax as the municipal corporation or the muncipal council had under the madhya pradesh municipalities corporation act, 1956, or the madhya pradesh municipalities act, 1961, as these acts stood on february 27, 1976, when clause (d) was inserted in its present form in section 69 of the act of 1973. .....

Tata Engineering and Locomotive Company Limited and Another Vs. the Mu ...

Court : Supreme Court of India

Reported in : AIR1992SC645; JT1991(6)SC322; 1991(2)SCALE1111; 1993Supp(1)SCC361; [1991]Supp2SCR445; [1992]86STC363(SC); 1992(1)LC264(SC)

..... this provision was amended by amending act 35 of 1954 by substituting the words 'use or sale' for the words 'or use' with effect from may 5, 1954. ..... in connection with this contention this court considered the meaning of words 'consumption, use or sale therein' and observed:'it is not the immediate person who brings the goods into a local area who must consume them him-self, the act of consumption may be postponed or may be performed by someone else but so long as the goods have been brought into the local area for consumption in that sense, no matter by whom, they satisfy the requirements of the boroughs act and octroi is payable'. ..... (c) in the case of goods which have been broken bulk prior intimation has been given to the officers specified in this behalf in the standing orders and the place or places of storage have been reported to him from time to time.paragraph 5 of appendix iv to this act which we have noticed earlier states that the rules framed under the municipal act shall 'in so far as it is not inconsistent with the provisions of this act, continue in force'. ..... singhvi, the learned counsel for the corporation on the other hand contended that the meaning of words 'sales therein' in the definition of octroi in the acts and in entry 52 of list ii could not be limited to sales of the goods for purposes of consumption or use within the municipal limits.8. .....

Shri Girish Vyas and anr. Vs. the State of Maharastra and ors.

Court : Supreme Court of India

..... may, expect as otherwise provided in section 113a] [acquire the land,-- (a) by agreement by paying an amount agreed to, or (b) in lieu of any such amount, by granting the land-owner or the lessee, subject, however, to the lessee paying the lessor or depositing with the planning authority, development authority or appropriate authority, as the case may be, for payment to the lessor, an amount equivalent to the value of the lessor's interest to be determined by any of the said authorities concerned on the basis of the principles laid down in the land acquisition act, 1894(i of 1894), floor space index (fsi ..... scheme declared under the said act, then, it may publish a notice in the official gazette, and in such other manner as may be determined by it, inviting objections and suggestions from any person with respect to the proposed modification not later than one month from the date of such notice; and shall also serve notice on all persons affected by the proposed modification, and after giving a hearing to any such persons, submit the proposed modification (with amendments, if any) to the state government ..... reported in 2011 (3) scc 1, that only the provisions with respect to the acquisition of land, payment of compensation and recourse of legal remedies under the l.a. .....

The State of Gujarat Vs. Manshankar Prabhashankar Dwivedi and Vallabhd ...

Court : Supreme Court of India

Reported in : AIR1973SC330; 1972CriLJ1247; (1972)2SCC392; [1973]1SCR313

..... it is admitted on behalf of the state that after the amendment made in 1964 under the twelfth clause it is only a person in the service or pay of the government or remunerated by fee or commission for the purpose of any public duty by the government who would fall within the definition of 'public servant' within sub-clause (a) of the twelfth clause. ..... is that even if dwivedi was not punishable under section 161 of the indian penal code with reference to the work in respect of which he accepted an illegal gratification he would nevertheless be liable under section 5(1)(d) of the corruption act because the liability of a public servant has been made absolute and it is wholly immaterial in what capacity he has committed the offence under sub-clause (d) of section 5(1) of the corruption act he need not have obtained for himself any valuable thing or pecuniary advantage as a public servant ..... ' thus sub-clause (a) of the 12th clause after the amendment corresponds substantially to the last part of the old ninth clause with this change that the expression 'every officer' has now been substituted by the words 'every person' and after the words 'performance of any public duty' it has been added 'by the government'.8. ..... before the amendment made in section 21 by act 40 of 1964 a person who is appointed an examiner and who receives remuneration by fee would fall within the term 'public servant' if he is holder of an office. .....

Venkateshwara theatre Vs. State of Andhra Pradesh and Others

Court : Supreme Court of India

Reported in : AIR1993SC1947; JT1993(3)SC270; 1993(2)SCALE825; (1993)3SCC677; [1995]96STC130(SC)

..... these appeals and special leave petition raise common questions relating to the constitutional validity of sections 4 and 5 of the andhra pradesh entertainments tax act, 1939 (hereinafter referred to as 'the act'), as amended by act 24 of 1984, providing for imposition of entertainment tax in respect of entertainments held in cinema theatres located in the state of andhra pradesh.2. ..... we are, therefore, unable to accept the contention urged on behalf of the appellants that the impugned provisions contained in sections 4 and 5 as amended by act 24 of 1984 are ultra vires the legislative power conferred on the state legislature under entry 62 of list ii.19 ..... as regards the rates prescribed under section 4 and 5 as amended by act 24 of 1984, the high court has observed that the said rates are based on an average expected occupancy rate of less than 50% or 66% depending upon the area in which the theatre is situated ..... the mode of levy based on 'per payment for admission' prescribed under section 4(1) prior to amendment by act 24 of 1984 necessitated enquiry into the number of shows held at the theatre and the number of persons admitted to a cinema theatre for each show and gave room for abuse both on the part of proprietor as well as other officers in charge of assessment and collection of tax ..... and air-cooled (b) selection grade municipal- (i) air-conditioned 28 percent muncipalities and the contiguous area of (ii) air-cooled 27 per cent two kilometres (iii) ordinary 24 per cent thereof .....

Bipinchandra Parshottamdas Patel (Vakil) Vs. State of Gujarat and ors.

Court : Supreme Court of India

Reported in : AIR2003SC2256; (2003)2GLR1577; JT2003(4)SC35; 2003(4)SCALE17; (2003)4SCC642; [2003]3SCR533; 2003(2)LC1116(SC)

..... with the alleged criminal offence should be suspended or not. ..... has rightly held that the 'detention in jail during trial' as mentioned in second part of section 40(1) of the act should be interpreted as 'detention in jail during the process of trial' which period shall include from the date of filing of the fir till the end of the trial and the detention of the president or vice president in any time during the period in jail shall attract second part of section 40(1) of the act and the authority is competent to take a decision whether such president or vice president who has been detained in connection ..... before the amendment of the code of criminal procedure in the present form, commitment proceedings had the essential attributes of an inquiry and were termed as such. .....