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Competition Commission Of India Vs. State Of Mizoram

Court : Supreme Court of India

..... the state of mizoram issued an invitation for expression of interest (for short eoi ) through respondent no.2, the director, institutional finance and state lottery (if&sl) on 20.12.2011 inviting bids for the appointment of lottery distributors and selling agents for state lotteries to be organised by the government of mizoram in terms of the mizoram lotteries (regulation) rules, 2011 (hereinafter referred to as the regulation rules ) framed under the lotteries (regulation) act, 1998 (hereinafter referred to as the regulation act ..... the high court also took note of the stand of the cci, which found no 1 (1999) 9 scc700 2 (2006) 5 scc603 3 (2009) 12 scc209 15 contravention of section 4 of the competition act by the state of mizoram and, thus, there was no question of any further proceedings being allowed by the cci against the state of mizoram ..... ; (b) limits or controls production, supply, markets, technical development, investment or provision of services; (c) shares the market or source of production or provision of services by way of allocation of geographical area of market, or type of goods or services, or number of customers in the market or any other similar way; (d) directly or indirectly results in bid rigging or collusive bidding, 6 ..... the 6 (2004) 11 scc26 21 commission is expected to form an opinion about the existence of a prima facie case for contravention of certain provisions of the competition act and then passes a direction for the dg to cause an investigation into the .....

Bhavesh D. Parish and Others Vs. Union of India and Another

Court : Supreme Court of India

Reported in : [2000]101CompCas459(SC); 2000(3)CTC178; JT2000(6)SC604; 2000(4)SCALE616; (2000)5SCC471; [2000]Supp1SCR291; 2001(1)LC54(SC); (2000)3UPLBEC2140

..... considering challenge to section 25-m of the industrial disputes act, 1947 of being violative of article 19 of the constitution referred to earlier decisions of this court and at page 511 set out the following principles and guidelines which should be kept in mind for considering the constitutionality of statutory provision upon a challenge on the alleged vice of unreasonableness of the restriction imposed by it:a) the restriction sought be imposed on the fundamental rights guaranteed by article 19 of the constitution must not be arbitrary or of an excessive nature so as to go beyond the requirement of felt need of the society and objects ..... the appellants who carry on the business of 'shroffs' are impugning the validity of section 9 of the reserve bank of india act as amended by the amendment act, 1997 (hereinafter referred to as 'the act')on the ground that the said provision is violative of articles 14 and 19(1)(g) of the constitution of india.2. ..... we, therefore, suggest that if the law permits, only companies may be allowed to do the banking business in the sense of accepting deposits from the public for the purpose of lending or investment in that case, the banking regulation act would govern the operations of the bangalore type finance corporations. .....

Nangbuaia Vs. District Magistrate

Court : Guwahati

..... magistrate lunglei mizoram in which it was held that similar activities are innocent acts which if undertaken by the members and supporters of the organization which was not unlawful during the relevant period shall not render any persons liable to be punished inasmuch as these activities were not unlawful at the relevant time. ..... this matter the petitioner sent an application from his place of detention at silchar jail to this court for his release challenging the validity of the order made under the national security act by the district magistrate, lunglei, mizoram. mr. b ..... is submitted therefore that the activities attributed to the petitioner in the said ground on 22.10.81 and 16.12.81, which dates stand corrected by the affidavit for 16.2.82 as mentioned in the ground, cannot be the foundation of prejudicial activities for maintenance of the security of the state which was the objective mentioned in the order. ..... 2(c) reads as follows:2(c) that on 22.10.81, you helped the mnf elements to organize a meeting to celebrate mnf party raising day at chandmary, lunglei in which you also ..... that with regard to the allegations made by the petitioner through his counsel at the time of hearing of the present case that he was in judicial custody from 25.1.82 to 1.3.82 and as such the last part of ground ..... (c) is non-existent; the deponent begs to state that the date 16.2.82 appearing in para (c) of the grounds of detention is a typing mistake and that the same should be read as 16.12.81 in place .....

State of Gujarat Vs. Mirzapur Moti Kureshi Kassab Jamat and ors.

Court : Supreme Court of India

Reported in : AIR2006SC212; (2006)1GLR294; [2006(2)JCR272(SC)]; JT2005(12)SC580; RLW2006(1)SC705; 2005(8)SCALE661; (2005)8SCC534; 2006(1)LC240(SC)

..... and is primarily based on the principles of use of natural organic inputs and biological plant protection measures.properly managed organic farming reduces or eliminates water pollution and helps conserve water and soil on the farm and thereby enhances sustainability and agro-biodiversity.organic farming has become popular in many western countries. ..... on their back, the whole structure of the indian agriculture and its economic system.in order to give effect to the policy of the state towards securing the principles laid down in articles 47, 48 and clause (b) and (c) of article 39 of the constitution of india, it was considered necessary also to impose total prohibition against slaughter of progeny of cow.as the gujarat legislative assembly was not in session the bombay animal preservation (gujarat amendment) ordinance, 1993 to amend the said act was promulgated to achieve the aforesaid object in the interest of general ..... a copy of the letter dated 8.3.2004 indicting sufficient fodder for the year 2004, addressed to deputy commissioner, animal husbandry government of india is annexed.report on draught ability of bullocks above 16 years of age38. ..... the detailed report is on record;(vii) by the end of year 2004-05 under the dept. ..... this decision of the state government does not advance the public interest.another significant disclosure in both these affidavits is that slaughtering of these bulls and bullocks has considerably reduced in the year 1997-98 to 2004-2005. .....

Ranga Reddy District Sarpanches' Association and Ors. Vs. Government o ...

Court : Andhra Pradesh

Reported in : 2004(2)ALD1; 2004(1)ALT659

..... , provide for the representation--(a) of the chairpersons of the panchayats at the village level, in the panchayats at the intermediate level or, in the case of a state not having panchayats at the intermediate level, in the panchayats at the district level;(b) of the chairpersons of the panchayats at the intermediate level, in the panchayats at the district level;(c) of the members of the house of the people and the members of the legislative assembly of the state representing constituencies which comprise wholly or partly a panchayat area at a level other than the village level, in such panchayat;(d) of the members of the council of states and the members of the legislative council of the state, where they ..... (2) nothing in this part shall apply to--(a) the states of nagaland, meghalaya and mizoram;(b) the hill area in the state of manipur for which district councils exist under any law for the time being in force. ..... the three organs must act in concert, not that their respective functions should not ever touch one another. .....

Punjab Dairy Development Board and anr., Etc. Vs. Cepham Milk Speciali ...

Court : Supreme Court of India

Reported in : 2004(175)ELT3(SC); JT2004(7)SC5; (2005)139PLR1; 2004(7)SCALE82; (2004)8SCC621; [2004]137STC163(SC)

..... they read as follows:-'to provide for the creation of punjab dairy development board for coordination between the organizations engaged in dairy sector to uplift professional standard of the dairy industry in the state and to develop modern diary farming technology system and to levy cess on the milk plants by abolishing purchase tax on milk................................................................................1. ..... the challenge to the act was on the ground: (a) that the substance of the levy was a tax on the licensed capacity of an industry and that the state legislature was not competent to levy tax under any entry in list ii of schedule vii to the constitution of india; and (b) that the impost on the licensed capacity was arbitrary and discriminatory.6. ..... subject to the provisions of this act and the rules made thereunder, the board shall exercise the following powers and perform the following functions, namely :--(i) to effect coordination between all organizations engaged in dairy sector viz. ..... it must be mentioned that by the punjab dairy development board (amendment) act, 2004, with effect from 11th september, 2002 section 12 of the act has been deleted. ..... it was submitted that from the definition of the term 'milk plant' in section 2(d) of the act, the words 'which was registered under the milk and milk products order, 1992' be deleted. ..... as stated above, the act has been amended in 2004. .....

New Taj Mahal Cafe Pvt. Ltd. by Its Executive Director, K. Jagadish Sh ...

Court : Karnataka

Reported in : (2009)25VST101(Karn); 2009(3)KCCRSN97; 2009(5)AIRKarR167; AIR2009NOC2987

..... shivayogiswamy, learned government pleader appearing on behalf of the state and the authorities would submit with reference to the statement and additional statement of objections filed on behalf of the state government that the provision of section 15 of the act is a provision providing or extending a facility to some of the dealers; that it is more like an exception to the general scheme of the act of levying tax in terms of charging sections 3 and 4 of the act; that while the purpose and object of section 15 of the act is to provide facility to facilitate certain class of dealers who could have great difficulty in maintaining ..... has come as a rude shock in the form of the impugned orders wherein the assessing authorities have not only cancelled the composition facility under section 15 of the act but have even the earlier period proceeded to assess the liability otherwise resulting in an additional tax burden on the petitioners and also to levy of penalty; that all such consequences have befallen the petitioners only because of the discriminatory nature of section 15 of the act; that the offending part of section 15 of the act which is one of denying the facility to dealers effecting purchases or obtaining ..... 32 of 2004 amended w.e.f. ..... 32 of 2004 w.e.f. .....

Standard Chartered Bank and ors. Etc. Vs. Directorate of Enforcement a ...

Court : Supreme Court of India

Reported in : AIR2005SC2622; 2005(4)ALD10(SC); III(2005)BC119(SC); [2005]125CompCas513(SC); (2005)4CompLJ464(SC); 2005(3)CTC39; (2005)195CTR(SC)465; 119(2005)DLT687(SC); 2005(100)ECC457;

..... the proviso to section 16 applies only to the three classes of offences mentioned therein and as compared to the rest of the offences contemplated by the act are of less serious nature and if indictment of the company is confined to only those offences which are covered by the proviso, then not only the intention of the legislature is defeated, but the provisions of section 16(1-d) and section 18 are also to that extent rendered nugatory, insofar as the offences are committed by the companies'.25. ..... it was further held that the intention of the parliament is otherwise because imprisonment has been made compulsory for an offence under section 277 of the act and a company being a juristic person cannot possibly be sent to prison and it is not open to court to impose a sentence of fine or allow to award any punishment if the court finds the company guilty under the said section, and if the court does it, it would be altering the very scheme of the act and usurping the legislative function.19. ..... : (2004)6scc531 wherein it is observed:''..section 56 of the act provides for different punishments for commission of different offences. .....

Jamshed Hormusji Wadia Vs. Board of Trustees, Port of Mumbai and anr.

Court : Supreme Court of India

Reported in : AIR2004SC1815; 2004(176)ELT24(SC); JT2004(1)SC232; 2004(1)SCALE341; (2004)3SCC214

..... any rent from its lessees as it pleases in view of its having been exempted from the operation of the rent control law or is it only to act in a fair and reasonable manner in the matter of dealing with its lessees and charging rent from them? ..... solicitor general that in the absence of adequate material being available on record the question as to the applicability of the maharashtra rent control act, 1999, to the bombay port trust and its premises should not be decided in the present case and should rather be left open to be taken care of in appropriate proceedings at ..... the court held in dwarkadas marfatia (supra) that the public authorities which enjoy the benefit without being hidebound by the requirements of the rent act, must act for public benefit and where they fall to do so they render themselves amenable to adjudication under civil review jurisdiction of the ..... and exchange of views across the bar the scope of controversy has very much narrowed down as stated hereunder:-(1) it was agreed at the bar that in view of the maharashtra rent control act 1999, having been brought ..... - : air1991sc537 , wherein this court held that while acting in the field of contractual rights the personality of the state does not undergo such a radical change as not to require regulation ..... the subject matter of several legislations governing its constitution, administration, powers and duties, some of which are the bombay port trust act, 1873, the bombay port trust act, 1879 and the major port trust act .....

Krishna S/O Panchamrao Khopade Vs. Satish S/O Jhaulal Chaturvedi and o ...

Court : Mumbai

Reported in : 2007(6)ALLMR96

..... as shall suppress the mischief and advance the remedy and to suppress subtle inventions and evasions ..... statutes in general (be they penal or beneficial, restrictive or enlarging of the common law) four things are to be discerned and considered: 1st-what was the common law before the making of the act, 2nd-what was the mischief and defect for which the common law did not provide, 3rd-what remedy the parliament hath resolved and appointed to cure the disease of the commonwealth, and 4th-the true reason of the remedy;and then the office of all judges is always to make such construction ..... the facts which are undisputed can be stated thus:the programme of general election 2004 for maharashtra legislative assembly was declared on 15.9.2004 as under:i) last date for submission of nomination papers 22.09.2004ii) scrutiny of nomination papers 23.09.2004iii) last date for withdrawal of nomination papers 25.09.2004iv) polling 13.10.2004.v) declaration of result 16.10.2004. 3. ..... the petitioner should have adduced evidence showing that it was r-1 who incurred expenses for organizing the said gathering and offering dinner. .....