Court : Supreme Court of India
..... setting aside both (2) the repeal of the said acts and the amendment of the acts specified in section 173 (hereafter referred to as such amendment or amended act , as the case may be) to the extent mentioned in sub-section (1) or section 173 shall not (a) revive anything not in force or existing at the time of such amendment or repeal; or (b) affect the previous operation of the amended acts or repealed acts and orders or anything duly done or suffered thereunder; or (c) affect any right, privilege, obligation, or liability acquired, accrued or incurred under the amended acts or repealed acts or orders under such repealed or amended acts: 58 the orders of the sales tax authorities ..... it resulted in the "constitution (one hundred and fifteenth amendment) bill, 2011" after that failed attempt, the 2014 amendment bill was adopted and passed on 8 september 2016. ..... it is urged that restitution 14 (1975) 3 scr22015 (1988) supp (2) scr43416 (2000) supp 3 scr18517 (2011) 4 scr73918 (2021) 15 scr9619 1964 (8) scr217 air1964sc172920 1963 (2) scr74721 (1996) supp (3) scr9822 1996 suppl. .....
Tag this Judgment!Court : Supreme Court of India
..... (3) in making any such regulation as is referred to in sub- paragraph (2) of this paragraph, the governor may repeal or amend any act of parliament or of the legislature of the state or any existing law which is for the time being applicable to the area in question. ..... paragraph 3 of the fifth schedule, inter alia, provides that the governor of each state having scheduled areas shall annually or whenever so required by the president make a report to the president regarding the administration of the scheduled areas in the state and 5 the executive power of the union shall extend to the giving of directions to the state as to the administration of the said areas. ..... a notification was issued on 29 february 2003 by the union ministry of law and justice, in exercise of the powers conferred by paragraph 6(2) of the fifth schedule to the constitution of india, by which the scheduled areas (states 3 of chhattisgarh, jharkhand and madhya pradesh) order, 2003 was promulgated. ..... as regards scheduled areas, it was urged that by virtue of paragraph 5 of the fifth schedule to the constitution of india, the governor is entrusted with the power to direct that any particular act of parliament or the legislature of the state shall not apply to a scheduled area or shall apply subject to such exceptions and modifications as may be specified. ..... the areas specified in the notification were redefined to be the scheduled areas within the states of chhattisgarh, jharkhand and madhya pradesh. .....
Tag this Judgment!Court : Supreme Court of India
..... after referring to article 324(2), the fact of the appointments being discussed in the constituent assembly, article 324(2) leaving it to the parliament to legislate, the recommendation of the goswami committee in 1990, we find the following discussion: 6.10.4 this was followed by the introduction of the constitution (seventieth amendment) bill 1990, which was introduced in the rajya sabha on 30th may 1990 providing that the cec would be appointed by the president after consultation with the chairman of the rajya sabha, the speaker of the lok sabha, and the leader of the opposition (or the leader of the largest party) in the lok sabha. ..... under sub-section (2) of section 8a in respect of any disqualification for being chosen as, and for being, a member of either house of parliament or of the legislative assembly or legislative council of a state shall, so far as may be, apply in respect of the disqualification for voting at any election incurred by him under clause (b) of sub-section (1) of section 11a of this act as it stood immediately before the commencement of the election laws (amendment) act, 1975 (40 of 1975), as if such decision were a decision in respect of the said disqualification for voting also.120. ..... union of india, (2011) 4 scc1: (2011) 1 scc (l&s) 609]. .....
Tag this Judgment!Court : Supreme Court of India
..... modulations, within the framework of the constitution ..... starting from the insertion of clause (4) to article 15 by the constitution (first amendment) act, 1951; moving on to the insertion of clause (4-a) to article 16 by the constitution (seventy-seventh amendment) act, 1995 to the insertion of clause (4-b) to article 16 by the constitution (eighty-first amendment) act, 2000 and further amendment of the said clause (4-a) by the constitution (eighty-fifth amendment) act, 2001; yet further with the insertion of clause (5) to article 15 by the constitution (ninety-third amendment) act, 2005; and lately with insertion of articles 366(26-c) and 342-a by the constitution (one hundred and second amendment) act, 2018, the parliament has indeed brought about certain ..... the union of india & ors, (2011) 1 scc228 4 6. .....
Tag this Judgment!Court : Supreme Court of India
..... therefore, we direct the state election commission by way of interim order, to issue election programme without any further delay on the basis of the wards as per the delimitation done in the concerned local bodies when the elections had become due consequent to expiry of 5 (five) years term of the outgoing elected body or before coming into force of the impugned amendment act(s) whichever is later. ..... in view of the above, we have no hesitation in directing the madhya pradesh state election commission to proceed on notional basis and issue election programme in respect of concerned local body by reckoning the delimitation/formation of 10 wards thereof as on the date when the election of the concerned local body had in fact become due or before coming into force of the (impugned) amendment act, which is under-challenge before this court in the present proceedings, whichever is later.20. ..... . we once again make it clear that if delimitation is not done by the state government in terms of amendment act(s) of 2022 or the triple test requirement is completed in all respects for providing reservation to obc category, the state election commission shall give effect to this order also in respect of upcoming elections of local bodies which would/had become due by efflux of time.31 .....
Tag this Judgment!Court : Supreme Court of India
..... thereafter, on 25 november 2021, the learned solicitor general stated that the union government had taken a considered decision to revisit the criteria for determining ews in accordance with the provisions of the explanation to article 15 of the constitution inserted by the constitution (one hundred and third constitution amendment) act 2019. ..... consequently, the overall reservation in 15% ug and 50% pg all india quota seats would be as follows: sc-15% st-7.5% obc (non-creamy layer) as per the central obc list-27% ews- as per the central government norms-10% pwd-5% horizontal reservation as per nmc norms 3 the constitution was amended by the constitution (one hundred and third amendment) act 2019, including articles 15(6) and ..... the senior counsel made the following submissions: (i) parliament by the constitution (ninety-third amendment) act 2005 introduced clause (5) in article 15 providing reservation for the scs, sts and socially and educationally backward classes (or the obcs) in admission to educational institutions, including private educational 28 (2003) 11 scc14629 (2010) 1 scc47715 part c institutions, aided or unaided by the state and other minority educational ..... rajasthan high court65, the 63 (2011) 10 scc5164 (2005) 13 scc36565 (2013) 4 scc54063 part d rajasthan high court had called applications for the post of translators ..... for example, using the refrigerator or a phone connection as one of the parameters may have been valid for exclusion in 2011 but may not be true .....
Tag this Judgment!Court : Supreme Court of India
..... part ixa of the constitution titled the municipalities was inserted by the constitution (seventy-fourth) amendment act, 1992 with effect from 1st june, 1993. ..... by the (amendment) act, 2016 clause (bb) of sub section 2 of section 9 has prescribed 27% number of seats to be filled in the election of municipal council to the person belonging to other back ward classes 24 and such seats are to be allotted by reservations to different wards in the council. ..... contrary to assurances made before earlier division benches, the state government first amended section 10 of the goa municipalities act and thereafter published the impugned order reserving municipal wards for various categories, and then announced the elections without waiting for at least three weeks. ..... armed with this amendment, the law secretary as state election commissioner, by a communication dated 05.02.2021 to the director, urban development, requested the aforesaid director to issue an order under section 10 of the goa municipalities act at an early date insofar as the 11 municipal councils in this case are concerned, as elections are proposed to be held on by 20.03.2021. ..... contrary to the advocate general s statement made before two division benches of the high court, the state government amended section 10 of the goa municipalities act by adding a proviso on 17 04.02.2021, which then provided that such orders shall be issued at least 7 days before the date of notification of the general elections. .....
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
..... now we know that before the first day of april, 1952, there was a four-year limit for assessments or re- assessments under sub-section 3 of section 34 but thereafter that limit was removed by the proviso added by section 18 of the amending act of 1953 and by section 31 of the same act assessments made before or after the commencement of the amending act of 1953 (1-4-1-952) were declared valid if proceedings commenced after september 8, 1948. ..... 3 the establishment of municipalities and their organisations is governed by part ix a (consisting of articles 243p to 243zg) of the constitution of india inserted in the constitution by the constitution 74th (amendment) act, 1992 with effect from 1.6.1993. ..... the department in this case had relied on the amending act of 1953 before the high court. ..... but a court is required to take judicial notice of statutes and if section 31 of the act 1953 said that of course the amendments as made by the 1953 act) shall apply and shall be deemed always to have applied to any assessment or re-assessment for any year ending before april 1, 1948, it is the duty of court, and tribunals to read section 34 in that manner and in no other. ..... the impugned actions of the respondent state which culminated in the two impugned judgments of the high court suffers from a fundamental infirmity which goes to the root 3 the consequent act referred to by the court is that a new notification was directed to be issued. .....
Tag this Judgment!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 .....
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