Court : Supreme Court of India
..... 59(3)5 specifies that the president shall be entitled to such emoluments, allowances and privileges as may be determined by parliament by law while article 158(3) specifies the same for the governor. ..... the provisions challenged relate to the payment of pension and other facilities to 1 by the amendment act 2003, act 9 of 2004, amending act no.40 of 2006 and amending act 37 of ..... of 2006 and amending act 37 of 2010, providing for pension/family pension to ex mps/dependents, travel facilities to spouse and other non members, (in addition to the companion) and ex mps, as well as continuation of facilities, regarding unutilized quotas of telephone calls electricity and water units are ultra vires of the constitution and the original act. ..... that the provisions of various amending acts to act 30 of 1954, and particularly those of the amending act 9 of 2004, and amending act no. ..... he shall, on such demission be entitled to (a) a pension which is equal to the pension payable to a judge of the supreme court in accordance with the provisions of part iii of the schedule to the supreme court judges (conditions of service) act, 1958, as amended from time to time; and judge of the supreme court under the said act and the rules made thereunder, as amended from time to time (b) such pension (including commutation of pension), family pension and gratuity as are admissible to a 8 may not be varied during their tenure. ..... this was done away with retrospective effect by the amendment act no.9 of 2004. .....
Tag this Judgment!Court : Supreme Court of India
..... 59(3)5 specifies that the president shall be entitled to such emoluments, allowances and privileges as may be determined by parliament by law while article 158(3) specifies the same for the governor. ..... the provisions challenged relate to the payment of pension and other facilities to 1 by the amendment act 2003, act 9 of 2004, amending act no.40 of 2006 and amending act 37 of ..... of 2006 and amending act 37 of 2010, providing for pension/family pension to ex mps/dependents, travel facilities to spouse and other non members, (in addition to the companion) and ex mps, as well as continuation of facilities, regarding unutilized quotas of telephone calls electricity and water units are ultra vires of the constitution and the original act. ..... that the provisions of various amending acts to act 30 of 1954, and particularly those of the amending act 9 of 2004, and amending act no. ..... he shall, on such demission be entitled to (a) a pension which is equal to the pension payable to a judge of the supreme court in accordance with the provisions of part iii of the schedule to the supreme court judges (conditions of service) act, 1958, as amended from time to time; and judge of the supreme court under the said act and the rules made thereunder, as amended from time to time (b) such pension (including commutation of pension), family pension and gratuity as are admissible to a 8 may not be varied during their tenure. ..... this was done away with retrospective effect by the amendment act no.9 of 2004. .....
Tag this Judgment!Court : Supreme Court of India
..... . on 31 december 1976, the ninth schedule was amended by co106 on 31 december 1977 as a result of co108 section 2 of the 25th 302 clause 4 of article 368 as added by co101read as follows: (4) no law made by the legislature of the state of jammu and kashmir seeking to make any change in or in the effect of any provision of the constitution of jammu and kashmir relating to- (a) appointment, powers, functions, duties, emoluments, allowances, privileges or immunities of the governor; or (b) superintendence, direction and control of elections by the election commission of india, eligibility for inclusion in the electoral rolls, without discrimination, adult suffrage and composition of the legislative council ..... article 371-c for the state of manipur, article 371-d for the state of andhra pradesh and later telangana (following the reorganization act 2014), article 371-f for the state of sikkim, article 371-g for the state of mizoram, article 371-h for the state of arunachal pradesh, article 371-i for the state of goa and article 371-j for the state of karnataka were brought in by constitutional amendments progressively: a. ..... . 357 uttar pradesh reorganisation act 2000 358 bihar reorganisation act 2000 359 andhra pradesh reorganisation act 2014 339 part e these characteristics of states are not usually lost when its boundaries, size, or name are changed.500 .....
Tag this Judgment!Court : Kolkata
Reported in : (1986)51CTR(Cal)139,[1985]156ITR36(Cal)
..... narula : [1984]150itr21(delhi) , the delhi high court held that section 2 of the united nations (privileges and immunities) act, 1947, read with section 18, clause (b) of article v of the schedule thereto, inter alia, grants exemption from taxation in respect of salaries and emoluments paid by the united nations to its officials. ..... act, 1961 :' whether, on the facts and in the circumstances of the case, and on a correct interpretation of section 18(b) of the united nations (privileges and immunities) act, 1947, the pension/benefit received by the assessee, a widow of an ex-employee of the united nations organisation, is not taxable under the i.t. ..... the preamble to the said act reads as follows :'whereas it is expedient to give effect to the convention on the privileges and immunities of the united nations, and to enable similar privileges and immunities to be enjoyed by other international organisa-tions and their representatives and officials.'6. ..... the said act received the assent of the governor-general on december 20, 1947. ..... garg [1982] 133 itr 1, the delhi high court was considering the assessability of the amount allowable as a child benefit under article viii(1) of the regulations of the united nations joint staff pension fund. ..... (2) the central government may, from time to time, by notification in the official gazette, amend the schedule in conformity with any amendments, duly made and adopted, of the provisions of the said convention set out therein.' 7. .....
Tag this Judgment!Court : US Supreme Court
..... the powers of government to the extent and in the manner and form and subject to the regulation and control set forth in the instructions of the president to the philippine commission, dated april seventh, nineteen hundred, and in creating the offices of civil governor and vice-governor of the philippine islands, and authorizing said civil governor and vice-governor to exercise the powers of government to the extent and in the manner and form set forth in the executive page 195 u. s. 117 order dated june twenty-first, nineteen hundred and one, and in establishing four executive departments of government in said islands as set forth in the act of the ..... . the municipal courts of said islands shall possess and exercise jurisdiction as heretofore provided by the philippine commission, subject in all matters to such alteration and amendment as may be hereafter enacted by law, and the chief justice and associate justices of the supreme court shall hereafter be appointed by the president, by and with the advice and consent of the senate, and shall receive the compensation heretofore prescribed by the commission until otherwise ..... ." "that the privilege of the writ of habeas corpus shall not be suspended, unless when in cases of rebellion, insurrection or invasion the public safety may require it, in either of which events the same may be suspended by the president, or by the governor, with the approval of the philippine commission, whenever during such period the necessity for such .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1991P& H231
..... the emoluments, allowances and privileges of the governor of the state are governed by the provisions of the governors (emoluments, allowances and privileges) act, 1982. ..... result in dismissal of the election petition without trial or the petitioner can be called upon to furnish further particulars of the corrupt practice alleged under section 86(5) of the representation of the people act which reads as under:--'the high court may, upon such terms asto costs and otherwise as it may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may in its opinion be necessary for ensuring a fair and effective trial of the petition, but shall not allow any amendment of the petition which ..... will have the effect of introducing particulars of a corrupt practice .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1982Raj1; 1981()WLN198
..... schedule ii part a sub-clause (4) further provides that a person discharging the functions of the governor shall be entitled to the same emoluments, allowances and privileges as the governor whose functions he discharges or for whom he acts. ..... the petitioner further contends that the party in power controlling the union government is at loggerheads with the government of west bengal and is seeking an opportunity to dissolve the west bengal assembly; and as the governor of west bengal is not amiable to the control of the central government, the government of india is conceiving and planning the dismissal of the governor of west bengal with a view to send there a governor, who may make a report against the government of west bengal as desired by the union government and recommend its dismissal and also dissolution of the legislative assembly of that state. ..... the petitioner further avers that up to the year 1980 the provisions of article 156(3) were always treated as mandatory and all the governors appointed to discharge the functions of that high office were allowed to hold office for a term of live years. ..... the effect of 42nd amendment act. ..... in view of the amendment of article 74 the provision of article 156(1) is liable to be declared to be ultra vires of article 74. ..... 1976, particularly, amending article 74 of the constn. .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1997MP223
..... (3) the governor shall be entitled without payment of rent to the use of his official residences and shall be entitled to such emoluments, allowances, and privileges as may be determined by parliament by law and, until provision in that behalf is so made, such emoluments, allowances, and privileges as are specified in the second schedule. ..... from the commencement of the salary, allowances and pension of members of parliament (amendment) act, 1993, there shall be paid a pension of one thousand and four hundred rupees per mensem to every person who has served for a period of four years, whether continuous or not) (i) as member of the council of states; or (ii) as a member of the house of the people; or (iii) partly as a member of the council of states and partly as a member of the house of the people; or (iv) as a member of the provisional parliament; or (v) partly as a member of the provisional parliament and - (a) partly as a member of the council of states and partly as a member of the house of the people .....
Tag this Judgment!Court : Chennai
Reported in : AIR1986Mad290
..... 59(3) and 65(3) which provide for the emoluments, allowances and privileges of the president and the vice-president of india, as also art. ..... 322 which made provision for expenses of the union or a state public service commission, including any salaries, allowances, and pension payable to or in respect of the members or staff of the commission and that such expenses shall be charged on the consolidated fund of india, or, as the case maybe, the consolidated fund of the state.7. ..... 195 of the constitution refers merely to salaries and allowances as may from time to time be determined by the legislature of the state by law and therefore according to the appellant, the only legislation which the state legislature is competent to enact is a legislation relating to salaries and allowances which are payable to the members of the state legislative assembly and the legislative council of the state. ..... 12-b of the act was first introduced by the tamil nadu payment of salaries (second amendment) act 1975 and which has been amended from time to time, reads today as follows: -section 12-b. ..... the proviso says that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pension, require the approval of the governor of the state. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1978Raj72
..... he is entitled under clause (3) of article 158 to such emoluments, allowances and privileges as may be determined by parliament by law and such emoluments are guaranteed during the tenure of his office.78. ..... was repelled by the supreme court of canada and it was held that a lieutenant governor of a province is constitutional head of the executive of his province as the governor general is the head of the dominion and each province has been assigned rights and obligations and in the fulfilment of these obligations they are sovereign in their respective fields and have their own government empowered to enact and enforce laws.in re the initiative and referendum act, 1919 ac 935 at page 942, it has been held :'the scheme of the act passed in 1'867 was thus, not to weld the province into ..... meeting between them obviously brought about the university of rajasthan (amendment) act, which was passed by the state legislature on july 29, 1977, and also led to the appointment of three commissions of enquiries into affairs of the three universities. ..... besides the above functions to be exercised by the governor 'in his discretion', there are certain functions under the amended constitution which are to be exercised by the governor 'on his special responsibility', which practically mean the same thing as 'in his discretion', because though in cases of special responsibility, he is to consult his council of ministers, the final decision shall be 'in his individual judgment', which no court can .....
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