Skip to content


Judgment Search Results Home > Cases Phrase: the haryana fiscal responsibility and budget management amendment act 2005 Page 1 of about 1,182 results (0.321 seconds)

May 19 2022 (SC)

Union Of India Vs. M/s Mohit Minerals Pvt. Ltd.

Court : Supreme Court of India

..... 1 legislative history of the constitution amendment act 2016 statement of objects and reasons 22 as early as in 2004, the task force on implementation of the fiscal responsibility and budget management act 2003 had recommended a shift to consumption taxes to increase efficiency in production and enhance international competitiveness of indian goods and services. ..... state of maharashtra , a two-judge bench of this court while interpreting section 20(2) of the right to information act 2005 observed that the phrase recommendation must be interpreted in contradistinction to direction or mandate . ..... e conclusion 148 based on the above discussion, we have reached the following conclusion: (i) the recommendations of the gst council are not binding on the union and states for the following reasons: (a) the deletion of article 279b and the inclusion of article 279(1) by the constitution amendment act 2016 indicates that the parliament intended for the recommendations of the gst council to only have a persuasive value, particularly when interpreted along with the objective of the gst regime to foster cooperative federalism and harmony between the constituent units; (b) neither does article 279a begin with .....

Tag this Judgment!

Nov 10 2023 (SC)

The State Of Punjab Vs. Principal Secretary To The Governor Of Punjab

Court : Supreme Court of India

..... thereafter, the session of the vidhan sabha was sought to be reconvened on 19 october 2023 since the following three money bills were to be introduced : (i) the punjab fiscal responsibility and budget management (amendment) bill, 2023; (ii) the punjab goods and services tax (amendment) bill 2023; and 2 rules of procedure 4 (iii) the indian stamp (punjab amendment) bill 2023 the recommendation of the governor was required in terms of the provisions of article 207(1) of the constitution for the introduction of the bill in the vidhan sabha.6. ..... not have been treated by the governor as a prorogation of the house; (c) the speaker was acting within the exercise of constitutional jurisdiction, as evinced by the provisions of the rules of procedure governing the vidhan sabha, in reconvening the sitting of the assembly on 19 and 20 june 2023 under the second proviso to rule 16; 7 (d) regulating the rules of procedure and the conduct of business in the house lies within the sole discretion of the speaker; (e) the governor as a symbolic head of state did not act within the scope of his constitutional powers in coming to the conclusion that reconvening of the session of the vidhan sabha in june 2023 ..... 21 by way of illustration, to name a few, the rules of procedure for the state legislatures of rajasthan,9 haryana,10 tamil nadu,11 kerala,12 and west bengal13 expressly permit the speaker to call a sitting of the house any time after it has been adjourned. .....

Tag this Judgment!

Jun 23 2008 (HC)

Smt. Kanaka Sahoo Vs. State of Orissa and ors.

Court : Orissa

Reported in : 106(2008)CLT511

..... a further plea has been raised on behalf of the state in the counter affidavit that in view of section 8(6) of the orissa fiscal responsibility and budget management act, 2005, notified on 6.6.2005, no liability can be created outside the budget provision in any financial year without approval of the government in finance department. ..... 1 to the enactment of orissa fiscal responsibility and budget management act, 2005. ..... 9586 of 2005, disposed of on 28.9.2005) wherein one of the colleagues of the present petitioner of the self-same college had sought for similar reliefs and the same have been allowed with a finding that non-approval of service and non-release of grant-in-aid in favour of the petitioner therein was held to be discriminatory and violative of article-14 of the constitution of india and a direction was issued to the state authorities to approve the appointment of the petitioner therein as against the first post of lecturer in education and to release all consequential service benefits.it is asserted by the learned counsel .....

Tag this Judgment!

Apr 10 2008 (SC)

Ashoka Kumar Thakur Vs. Union of India (Uoi) and ors. (Obc Judgment)

Court : Supreme Court of India

Reported in : 2008(56)BLJR1292; 2008(3)CTC97; [2008(3)JCR176(SC)]; JT2008(5)SC1; (2008)3MLJ1105(SC); 2008(5)SCALE1; (2008)6SCC1; 2008AIRSCW2899; 2008(3)Supreme331; 2008(2)LH(SC)1534

..... by the constitution (ninety-third amendment) act, 2005, clause (5) was inserted in article 15 of the constitution which reads as under:nothing in this article or in sub-clause (g) of clause (1) of article 19 shall prevent the state from making any special provision, by law, for the advancement of any socially and educationally backward classes of citizens or for the scheduled castes or the scheduled tribes in so far as such special provisions relate to their admission to the educational institutions including private educational institutions, whether aided or unaided by the state, other than the minority educational ..... in allan bakke's case (supra) it was held as follows:hence, the purpose of helping certain groups whom the faculty of the davis medical school perceived as victims of 'societal discrimination' does not justify a classification that imposes disadvantages upon persons like respondent, who bear no responsibility for whatever harm the beneficiaries of the special admissions. ..... it was argued that right that from the case of the general manager southern railway v. ..... this view was held in the general manager southern railways v. ..... there are hundreds of communal hostels and educational institutions owned and managed by certain communities. .....

Tag this Judgment!

Oct 11 2013 (HC)

Date of Decision: October 11, 2013 Vs. the State of Punjab and Others

Court : Punjab and Haryana

..... and promoting service deliveries malik sushama rani 2013.10.11 17:10 i attest to the accuracy and integrity of this document civil writ petition no.4948 of 2012 /11/ 11/ in the public sector-private sector-partnership mode; iii)to work out a comprehensive and simplified pay package for the categories of state government employees mentioned in (i) above, linked to the measures that promote efficiency, productivity, accountability, responsibility, service orientation discipline and transparency; iv)while making recommendations, the financial condition of the state, having regard to the provisions of the punjab fiscal responsibilities and budget management act ..... amar nath goyal and others, (2005) 6 scc754 754 the hon'ble supreme court upon consideration of a large number of decisions had opined as follows: it is trite that, the final recommendations of the pay commission were not ipso facto binding on the malik sushama rani 2013.10.11 17:10 i attest to the accuracy and integrity of this document civil writ petition no.4948 of 2012 /19/ 19/ government as the government had to accept and implement the recommendations of the pay commission consistent with ..... writ petition no.4948 of 2012 /1/ in the high court of punjab and haryana at chandigarh civil writ petition no.4948 of 2012 judgment reserved on: september04 2013 date of decision: october11 2013 satbir singh and others ..........petitioners versus the state of punjab and others .......respondents coram:- hon'ble mr.justice tejinder .....

Tag this Judgment!

Dec 16 2005 (HC)

Ramanama Sankirthana Sangham and ors. Vs. Government of A.P. and ors.

Court : Andhra Pradesh

Reported in : 2006(1)ALD468; 2006(2)ALT18

..... the plea that appointment of an executive officer would cast an unnecessary financial burden on the petitioner - institutions resulting in civil consequences, may have been justified when the writ petitions were filed in the year 1993, since section 29(6) of act 30 of 1987, (as it stood prior to its amendment by act 34 of 1997 with effect from 1.4.1998), provided that the salary, allowances and other remunerations of an executive officer shall be paid in the first instance out of the consolidated fund of the state and later recovered from the institution of the endowment. ..... under this section shall be under the administrative control of the trustee of the institution or endowment and shall be responsible for carrying out all lawful directions issued by such trustee, from time to time;(b) the executive officer shall, subject to such restrictions as may be imposed by the government-(i) be responsible for the proper maintenance and custody of all the records, accounts and other documents and of all the jewels, valuables, moneys, funds and other properties of the institution or endowments;(ii) arrange for the proper collection of income and for incurring of expenditure;(iii) sue ..... 27659 of 2005, to contend that without appointing an executive officer, the respondents have already initiated proceedings for appointment of a manager, under section 29 of the act, to the first petitioner-institution. .....

Tag this Judgment!

Apr 12 2006 (HC)

Indian Hotel and Restaurants Association (AHAR), an Association duly r ...

Court : Mumbai

Reported in : 2006(3)BomCR705

..... contained in this act or the rules made by the commissioner of police or the district magistrate under sub-section (1) of section 33 for the area under their respective charges, on and from the date of commencement of the bombay police (amendment) act, 2005,-(a) holding of a performance of dance, of any kind or type, in any eating house, permit room or beer bar is prohibited;(b) all performance licences, issued under the aforesaid rules by the commissioner of police or the district magistrate or any other officer, as the case may be, being the licensing authority, to ..... in response to the state's contention that they will provide for rehabilitation, it is submitted that such plan should have been before the amendment of the act and in the absence of that the amendment cannot be ..... under the provisions of the bombay police act, 1951.section 2(5a) 'eating house' means any place to which the public are admitted, and where any kind of food or drink is supplied for consumption in the premises by any person owing or having an interest in or managing such place, and include a refreshment room, boarding-house, coffee-house or a shop where any kind of food or drink is supplied to the public for consumption in or near such shop; but does not include 'place of public ..... (2) in the last budget session of the state legislature, by way of a calling attention motion, the attention of the government was invited to mushroom growth of illegal dance bars and their ill-effects on the society in ..... haryana .....

Tag this Judgment!

Feb 27 2012 (SC)

In Re : Networking of Rivers

Court : Supreme Court of India

..... investment rollout from the year 2008-2009 to 2014-2015 will have considerable strain on the central government finances, especially after the passage of fiscal responsibility and budget management rules (frbmr). ..... it is the case of the petitioner that the inter-state water disputes act, 1956 (for short `the act') and the river boards act, 1956 were enacted by the parliament under article 262 read with entry 56 of list-i of the seventh schedule to the constitution of india, 1950 (hereafter, `the constitution').due to reluctance of water-rich states, the national water development agency (hereafter, `nwda') has not been allowed to undertake detailed survey and it is argued that only by nationalization of the rivers, by the government of india, this problem can be resolved to some extent. ..... - ncaer, while depicting the poverty ratio vis-`-vis these states and the other states all over india, has provided the following tables: states rural urban al l ar ea s 1973-74 1999-00 1973-74 1999-00 1973-74 1999- 00 punjab 28.21 6.35 27.96 5.75 28.15 6.16 haryana 34.23 8.27 40.18 10.00 35.36 8.74 all india 56.44 27.09 49.01 23.62 54.88 26.1041. ..... subsequently, vide its order dated 8th april, 2005, this court made it absolutely clear that the orders of the court in these respects have to be complied with in letter and spirit. ..... ---" amended cause title be filed within a week. .....

Tag this Judgment!

Sep 19 2008 (HC)

Hirabai Baburao Shidankar and Vitthal Baburao Shidankar Vs. Rayat Shik ...

Court : Mumbai

Reported in : 2009(2)BomCR350; (2008)110BOMLR3422

..... where such estate or land was released from management after the tillers day but before the commencement of the bombay tenancy and agricultural lands (amendment) act, 1960, within one year from such commencement, and(b). ..... proviso to sub-section (2) of section 88b casts a responsibility on the collector to hold an inquiry before issuance of certificate, in respect of fulfilment of requirements by the trust, as provided in sub-section (1) of section 88b and only after satisfaction of the issuing authority, such certificate shall be issued, which shall be a conclusive evidence in that behalf.the nature of inquiry, required before issuance of certificate, is in respect of:(i). ..... dalavi reported in 2005 (2) bcr 484.13. ..... , decide or deal with such issues under this act' in section 85-a would only mean that if upon assertion and denial and consequent contest an issue arises in the context of the provisions of the tenancy act and which is required to be settled, decided and dealt with by the competent authority under the tenancy act, then notwithstanding the fact that such an issue arises in a properly constituted civil suit cognizable by the civil court, it would have to be referred to the competent authority under the tenancy act.the apex court has further observed:in a civil suit .....

Tag this Judgment!

Apr 01 2024 (SC)

The State Of Kerala Vs. Union Of India

Court : Supreme Court of India

..... state of kerala has instituted this original suit under article 131 of the constitution of india against the union of india, challenging, inter alia, the following (collectively, the impugned actions ): (a) amendment act no.13 of 2018 (dated 28.03.2018): by this amendment act, the parliament has amended section 4 of the fiscal responsibility and budget management act, page 1 of 24 2003, whereby the central government is obligated to ensure that the aggregate debt of the central government and the state governments does not exceed sixty percent of the gross domestic product by the end of financial year (f.y. ..... 1 state of haryana v. ..... the act is enacted to provide for the responsibility of the government to ensure prudence in fiscal management and fiscal stability by progressive elimination of revenue deficit and sustainable debt management consistent with fiscal stability, greater transparency in fiscal operations of the page 17 of 24 government and conduct of fiscal policy in a medium term fiscal framework and for matters connected there with and incidental thereto. .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //