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Judgment Search Results Home > Cases Phrase: the kerala tolls act 1976 Court: us supreme court Page 1 of about 13,099 results (0.388 seconds)

Apr 23 2015 (SC)

M.P. Steel Corporation Vs. Commnr. of Central Excise

Court : Supreme Court of India

..... then involves four requisites: (1) the presentation (not necessarily orally) of their case by the parties to the dispute; (2) if the dispute between them is a question of fact, the ascertainment of the fact by means of evidence adduced by the parties to the dispute and often with the assistance of argument by or on behalf of the parties on the evidence; (3) if the dispute between them is a question of law, the submission of legal argument by the parties, and (4) a decision which disposes of the whole matter by a finding upon the facts in dispute and application of the law of the land to the facts so found, including where required ..... cheppilat puthanpurayil aboobacker, (1995) 5 scc5 a 2-judge bench of this court held that the limitation act would apply to the appellate authority constituted under section 13 of the kerala buildings (lease and rent control) act , 1965. ..... madan lal das and sons, 1976 (4) scc464 without adverting to either parson tools or the three other judgments mentioned hereinabove went on to apply section 12 (2) of the limitation act to proceedings under the u.p. ..... madan lal das & sons, bareilly, (1976) 4 scc464which, as has been pointed out earlier, is not an authority for the proposition that the limitation act would apply to tribunals. ..... kunhaliumma, (1976) 4 scc634 a 3-judge bench of this court followed the aforesaid two judgments and stated:- 22. ..... v.smt shanti misra [(1975) 2 scc840: (1976) 2 scr266 . .....

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Jun 01 1981 (FN)

Mcdaniel Vs. Sanchez

Court : US Supreme Court

..... the court approved the plan and authorized the commissioners court to conduct 1980 primary and general elections under it, rejecting respondents' contention that 5 of the voting rights act of 1965 (act) required the county, a jurisdiction covered by the act, to obtain preclearance from either the attorney general of the united states or the united states district court for the district of columbia before the plan could become effective. ..... with such qualification, prerequisite, standard, practice, or procedure: provided, that such qualification, prerequisite, standard, practice, or procedure may be enforced without such proceeding if the qualification, prerequisite, standard, practice, or procedure has been submitted by the chief legal officer or other appropriate official of such state or subdivision to the attorney general and the attorney general has not interposed an objection within sixty days after such submission, or upon good cause shown, to facilitate an expedited approval within ..... [ footnote 32 ] for example, in 1976, covered jurisdictions submitted 7,470 proposed changes to the department of justice for preclearance under 5; the department interposed objections to 62 of those submissions. ..... 636 (1976). .....

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Jun 16 1977 (FN)

Trans World Airlines, Inc. Vs. Hardison

Court : US Supreme Court

..... that twa had rejected three reasonable alternatives, any one of which would have satisfied its obligation without undue hardship: (1) within the framework of the seniority system, twa could have permitted respondent to work a four-day week, utilizing a supervisor or another worker on duty elsewhere, even though this would have caused other shop functions to suffer; (2) twa could have ..... then, having first invoked the administrative remedy provided by title vii of the civil rights act of 1964, respondent brought an action for injunctive relief against twa and the union, claiming that his discharge constituted religious discrimination in violation of 703(a)(1) of the act, which makes it an unlawful employment practice for an employer to discriminate against an employee on the basis of his religion. ..... for a perceptive discussion of the issues posed by the cases, see note, accommodation of an employee's religious practices under title vii, 1976 u.ill.l.forum 867. ..... 964 (1976), pet. ..... , 529 f.2d 483 (ca10 1976); reid v. ..... 763 (1976); mcdonnell douglas corp. v. ..... 278 -279 (1976); franks v. ..... 29 cfr 1605.1(c) (1976). ..... 65 (1976); dewey v. ..... " 29 cfr 1605.1(b) (1976). ..... 140 -145 (1976). ..... 65 (1976); riley v. ..... 758 (1976). ..... 280 (1976). ..... 958 (1976). .....

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Mar 25 2003 (SC)

National Agricultural Co-operative Marketing Federation of India Ltd. ...

Court : Supreme Court of India

Reported in : AIR2003SC1329; (2003)181CTR(SC)1; 104(2003)DLT876(SC); JT2003(3)SC217; 2003(2)KLT890(SC); (2003)3MLJ107(SC); 2003(3)SCALE414; (2003)5SCC23; [2003]3SCR1

..... this court allowed the writ application holding that since the lic had not pressed its appeal before the division bench despite the 1976 act, it could not be absolved from its obligation from carrying out the writ of mandamus issued by the single judge of the high court. ..... following the decision of this court in assam co-operative case (supra), the kerala high court reversed its earlier view while deciding the issue raised by the kerala co-operative marketing federation in respect of a subsequent year and denied the kerala federation the deduction under section 80p. ..... this was also the view taken by the kerala high court as expressed in cit v. ..... the kerala federation impugned the decision of the high court under article 136. ..... it is hardly likely on the given facts, that assessments had been concluded on the basis of the decision in kerala marketing and the period of reopening such assessments had become time barred. ..... union of india : (1978)illj406sc to contend that what the legislature had done in the present case was to statutorily overrule the decision of this court in kerala marketing. ..... in making this change, the legislature does not 'statutorily overrule' this courts decision in kerala cooperative marketing federation ltd. ..... the situation continued till 1998 till this court reversed assam cooperatives in kerala cooperative marketing federation ltd ..... in the case of kerala state cooperative marketing federation v ..... this court by its decision in kerala cooperative marketing federation ltd. .....

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Jun 27 1990 (FN)

Walton Vs. Arizona

Court : US Supreme Court

..... instead, the court has observed: "our previous cases have approved findings of heinous or depraved conduct where the perpetrator acted with gratuitous violence, relished the killing or in some other way acted in such a fashion that his acts set him apart from the 'norm' of first degree murderers. ..... 325 (1976), a plurality of the court concluding that the sentencing process must accord at least some consideration to the "character and record of the individual offender. ..... 86 (1958), followed by justice stewart, justice powell and myself in 1976, and thereafter repeatedly endorsed by this court, is not only wiser, but far more just, than the reactionary position espoused by justice scalia today. ..... 325 (1976), rest entirely on the view that mandatory death penalty statutes pose the same risk of arbitrariness that supported the court's decision in furman v ..... 195 (1976) (opinion announcing the judgment), dictating the type and extent of discretion the sentencer must and must not have, see, e.g ..... 186, 196, 560 p.2d 41, 51 (1976) ("the gravity of the death penalty requires that we painstakingly examine the record to determine whether it has been erroneously imposed"), cert. ..... 262 (1976), we later struck down those very schemes because they required the sentencer to confine itself to the factors contained in those objective criteria, see hitchcock v ..... 668 in 1976 because they provided the constitutionally necessary degree of "guided discretion" in the form of objective sentencing criteria, see, e.g .....

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Jul 27 2022 (SC)

All Kerala Distributors Association, Represented By Its Secretary Vs. ...

Court : Supreme Court of India

..... the amended provisions of the 1976 act and the 1985 act merely prescribe the modalities for payment and collection of vehicle tax or payment of contribution to the kerala motor transport workers welfare fund by requiring the employer/vehicle owner to produce receipt regarding payment of contribution to the welfare fund before the taxation officer while offering to pay vehicle tax under the 1976 act ..... in any other law for the time being in force every registered owner or person having possession or control of a motor vehicle in respect of a motor transport undertaking liable to pay contribution (other than autorickshaws covered under the provisions the kerala autorickshaw workers welfare fund scheme, 1991) shall, at the time of making payment of the tax under the kerala motor vehicles taxation act, 1976 (19 of 1976) produce before the 7 receipt of remittance of welfare fund contribution at the time of making payment of vehicle tax before the taxation officer. ..... suffice it to observe contends the learned senior counsel that section 15 of the 1976 act does not reduce the period of validity of the permit issued under the 1988 act, but it only stipulates that the vehicle tax due in respect of transport vehicle must be paid within the prescribed period and thereby declaring that in case of non-payment of tax, the validity period of permit cannot come in the way of initiating action against the vehicle used or kept for use within the state of kerala without payment of vehicle tax .....

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Jun 22 1978 (FN)

Wise Vs. Lipscomb

Court : US Supreme Court

..... that provision, a state or political subdivision subject to the act may not "enact or seek to administer" any "different" voting qualification or procedure with respect to voting without either obtaining a declaratory judgment from the united states district court for the district of columbia that the proposed change "does not have the purpose and will not have the effect of denying or abridging the right to vote on account of race or color" or submitting the change to the attorney general and affording him an appropriate opportunity ..... during the pendency of the appeal, the electorate approved this plan in a referendum conducted in april, 1976, thus incorporating it into the city charter. ..... the same is said with respect to the charter amendment approved by the people of dallas in 1976. ..... 636 (1976), as establishing the principle that a proposed reapportionment plan cannot be considered a legislative plan if the political body suggesting it lacks legal power to reapportion itself. ..... 636 (1976), that, absent exceptional circumstances, judicially imposed reapportionment plans should employ only single-member districts. ..... 636 (1976). .....

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May 10 2019 (SC)

b.k. Pavitra Vs. Union of India

Court : Supreme Court of India

..... . the state of karnataka, in exercise of the enabling power under article 16 (4a) enacted the reservation act 2018 in 77 (1976) 2 scc31078 obcs 57 part c compliance with the conditions precedent to the exercise of the power stipulated in that article; (iv) the decision in sabharwal lays down that in determining the inadequacy of representation of scs and sts in promotional posts, the state may take the total population of a particular class and its representation in the service ..... . : (2009) 8 scc431at paras 34, 40 110 kerala state (electricity) board v indian aluminum : (1976) 1 scc466111 k s paripoornan v state of kerala : (1994) 5 scc593112 (2003) 9 scc35890 part e85the preamble to a law may be a statutory aid to consider the mischief which the law seeks to address ..... . ms jaising urged the following submissions: (i) the decisions of this court in state of kerala v n m thomas77 ( n m thomas ) and nagaraj affirmed that article 16 (4) is an emphatic declaration of article 16 (1) .....

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Apr 02 1980 (SC)

ishwari Khetan Sugar Mills (P) Ltd. and ors. Vs. State of Uttar Prades ...

Court : Supreme Court of India

Reported in : AIR1980SC1955; (1980)4SCC136; [1980]3SCR331; 1981(13)LC87(SC)

..... the ordinance and the act were challenged in the high court on the following grounds :(1) the state legislature had no legislative competence to enact it; (2) the act violated article 31 of the constitution because the acquisition was not for a public purpose and the compensation proposed in the act was illusory; (3) the act was in breach of article 19(1)(f) and (g) of the constitution; (4) the act infringed the guarantee of equality enshrined in article 14 of the constitution.a division bench of the high court by a common judgment dated may 3, 1979, repelled the contentions on behalf of the petitioners and upheld the constitutional validity, of the act. ..... : [1976]3scr688 while upholding the constitutional validity of the haryana minerals (vesting of rights) act, 1973, after noticing the declaration made in section 2 of the mines & minerals (regulation and development) act, 1957, ('mines & minerals act' for short), as envisaged by entry 54, list i it was held :moreover, power to acquire for purposes of development and regulation has not been exercised by act 67 of 1957. ..... : [1973]1scr356 , constitutional validity of kannan devan hills (resumption of lands) act, 1971, was challenged on the ground of legislative competence of kerala state legislature to enact the legislation. ..... the state of kerala and anr. ..... dhillon : [1972]83itr582(sc) and kerala state electricity board v. ..... state of kerala [1973] suppl.s.c r.1 in terms observed as under :in state of gujarat v. .....

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Mar 10 2021 (SC)

Kalpraj Dharamshi Successful Resolution Applicant Vs. Kotak Investment ...

Court : Supreme Court of India

..... of equitable or promissory estoppel; unlike waiver arising from an election, no question arises of any particular knowledge on the part of the person making the representation, and the estoppel may be suspensory only where the waiver is not express, it may be implied from conduct which is inconsistent with the continuance of the right, without the need for writing or for consideration moving from, or detriment to, the party who benefits by the waiver, but mere acts of indulgence will not amount to waiver; nor may a party benefit from ..... to section 30(2), the en quiry to be done is in respect of whether the resolution plan provides: (i) the payment of insolvency resolution process costs in a specified manner in priority to the repay ment of other debts of the corporate debtor, (ii) the repayment of the debts of operational creditors in prescribed manner, (iii) the man agement of the affairs of the corporate debtor, (iv) the implementation and supervi sion of the resolution plan, (v) does not con 144 travene any of the provisions of the law for the time being in force, (vi) conforms to such other requirements as may be specified by the board. ..... parson 24 air1950sc188= 1950 scr45925 (1969) 1 scc87326 (1969) 2 scc19949 tools and plants, kanpur27, kerala state electricity board, trivandrum vs. t.p. ..... bux [(1969) 2 scc481: (1970) 2 scr10 30 (1976) 4 scc46451 that justice and reason is at the heart of all legislation by parliament. ..... 27 (1975) 4 scc2228 (1976) 4 scc63429 (1996) 9 scc41450 .....

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