Judgment Search Results Home > Cases Phrase: the orissa legislative assembly deputy speaker s salary and allowances act 1959 Page 8 of about 86 results (0.145 seconds)

Supreme Court Advocates-on-record Association and Another Vs. Union of ...

Court : Supreme Court of India

Reported in : AIR1994SC268; JT1993(5)SC497; (1993)4SCC441; [1993]Supp2SCR659

..... it must also be realised that under articles 75(3) and 164(2) the council of ministers are collectively responsible to the house of the people in the case of the union and the legislative assembly in the case of the state. ..... it is clear from this provision that the judge's salary is protected by the constitution and the allowances and pension and other benefits conferred on him by the high court judges (conditions of service) act, 1954 are also protected by the proviso, in that, they cannot be varied to his disadvantage after his appointment. ..... sapru, speaking in rajya sabha on november 23, 1959 depicted the correct position as under :the correct position in this matter should be that the highest importance and the highest weight should be attached to the recommendation of the chief justice of the court concerned particularly if it is backed by the opinion of the court and normally except for some reason known to the ministry and communicated to the chief justice, there should be no interference with the recommendation of the chief justice. ..... he is at once the head of the judiciary, presiding officer (speaker) of the house of lords and a member of the cabinet. ..... 1 scr 623 (4) secretary, irrigation department, government of orissa and ors. v. g.c. .....

State. Vs. Mohd. Afzal and ors.

Court : Delhi

..... the lt.govenor is to act on the aid and advice of the council of ministers in relation to matters with respect to which legislative assembly ..... sections 121/121a/122/124/120-b of the indian penal code, 1860 (45 of 1860), sections 25/27 of the arms act, 1959 (54 of 1959) and sections 3/4/5/6 of the explosive substances act (6 of 1908) at police station parliament street, new delhi, recovery memos, disclosure statement made by the accused persons, the draft charge-sheet and other material/evidence placed on record, the lt.governor of the national capital territory of delhi is satisfied that the accused persons, namely, (i) shri syed abdul ..... under this act notwithstanding anything contained in the code, no police officer -(a) in the case of the delhi special police establishment, below the rank of a deputy superintendent of police or a police officer of equivalent rank;(b) in the metropolitan areas of mumbai, kolkata, chennai and ahmedabad and any other metropolitan area notified as such under sub-section (1) of section 8 of the code, below the rank of an assistant commissioner of police;[c] in any other case not relatable to clause (a) or clause (b), below the rank of a deputy superintendent of ..... allows the proof of the conditions set out in sub-section (2) by means of a certificate issued by the person described in sub-section 4 and certifying contents in the manner set out in the ..... the recorded intercepted call pertaining to the voice of the speaker receiving call was the same as the .....

Purno Agitok SangmA. Vs. Pranab Mukherjee.

Court : Supreme Court of India

..... ram jethmalani asserted that the 1959 act was, in fact, a defining act and falls under entry 73 of the first list in the seventh schedule to the constitution, which empowers the parliament to legislate in regard to elections to parliament, to the legislatures of the states and to the offices of president and vice-president and the election commission. mr ..... salve referred to the practice and procedure of parliament, with particular reference to the lok sabha, wherein with regard to the resignation from the membership of other bodies, in the case of the leader of the house, the procedure followed was that when a member of the lok sabha representing parliament or government committees, boards, bodies, sought to resign from the membership of that body by addressing the speaker, he is required to address his resignation to the chairman of that committee, board or body and he ceases to be member of the committee when he vacates that office. ..... not bring any influence or pressure on him in his independent functioning as a member of the legislative assembly.the learned attorney general lastly cited the decision of this court in ashok kumar bhattacharyya vs. ..... the three-judge bench, which heard the matter, held that an office of profit is an office which is capable of yielding profits of pecuniary gain and that holding an office under the central or state government, to which some pay, salary, emolument, remuneration or non-compensatory allowance is attached, is "holding an office of profit .....

ivory Traders and Manufacturers Association Vs. Union of India

Court : Delhi

Reported in : 1997IIIAD(Delhi)333; 2(1997)CLT273; 67(1997)DLT145; 1997(42)DRJ131

..... deputy speaker, sir, i rise to support the bill, i welcome it as a comprehensive legislation for the protection and conservation of our natural flora and fauna and i am happy that it is based primarily on the expert advice given by the national board of wild life. ..... at this stage it will be advantageous to recall the objects and reasons of the amendment act of 1991 and the statement of the minister of state of environment and forests in the lok sabha, the relevant portions whereof reads as follows : objects and reasons of the amendment act : 'if the ivory trade is allowed to continue, it will lead to large scale poaching of indian elephants. ..... the united nations general assembly adopted on october 29, 1982 'the world charter for nature'. ..... dy.excise and taxation commissioner (supra) and state of orissa v. ..... state of bihar : [1959]1scr629 ; the state of madras v. .....

Association for Protection of Democratic Rights Vs. State of West Beng ...

Court : Kolkata

Reported in : 2007(4)CHN842

..... fearing and anticipating the violence the local member of the legislative assembly, sri suvendu adhikari sent a fax message to the chief minister. ..... but we must hasten to make it clear that the individual who moves the court for judicial redress in cases of this kind must be acting bona fide with a view to vindicating the cause of justice and if he is acting for personal gain or private profit or out of political motivation or other oblique consideration, the court should not allow itself to be activised at the instance of such person and must reject his application at the threshold, whether it be in the form of a letter addressed to the court or even in the form of a regular writ petition filed in court. ..... union of india reported in : air1973ori136 , the division bench of the orissa high court has held that 'a decision of the supreme court, till it is altered by it, is binding between the parties and its effect cannot be whittled down because the matter was under re-consideration before the supreme court. ..... a statement in parliament or in the assembly according to the rules of parlimentary practice (rule 372 of the parliament practice and rules 346 of the assembly practice) can only be made with the consent of the speaker. ..... this court had accepted the defence of the accused that the deputy commissioner of police had given the firing orders, as a result of which two persons were killed. ..... seaton 1959(3) law ed 2d 1012.41. .....

Joydeep Mukherjee and ors. Etc. Etc. Vs. State of West Bengal and ors. ...

Court : Kolkata

Reported in : 2008(2)CHN546

..... state of orissa : [1954]1scr1 the orissa agricultural income tax (amendment) act, 1950, was challenged on the ground of colourable legislation or a fraud on the constitution as its real purpose was to effect a drastic reduction in the amount of compensation payable under the orissa estates abolition act, 1952. ..... it was also contended in that case that the orissa estates abolition act, 1952, was a colourable legislation and as such void. ..... these legislators who have not been successful in achieving their objective on the floor of the assembly have now chosen this forum to achieve their political objective which cannot be allowed.166. ..... a requisition was sent to the special deputy collector for acquisition of the said land by the regional manager of the hindustan petroleum corporation ltd. ..... the staff of government law college and other government run colleges having faculties of arts, science, commerce, engineering and medicine draw a much higher scale of emoluments and enjoy greater benefits than what the private law colleges with their depleted resources can possibly afford to pay by way of salaries or other benefits to their staff. ..... hon'ble speaker, t.n. ..... in the said decision reported in : [1959]1scr1424 , ghaio mal v. .....

M. Gurumoorthy Vs. Accountant-general, Assam and Nagaland and ors.

Court : Supreme Court of India

Reported in : AIR1971SC1850; [1971(22)FLR327]; (1971)IILLJ109SC; (1971)2SCC137; [1971]SuppSCR420

..... clause (3) is to the effect that until provision is made under clause (2) the governor may, after consultation with the speaker of the legislative assembly or the chairman of the legislative council, make rules regulating the recruitment and the conditions of service or persons appointed to the secretarial staff of the assembly of council. ..... the anxiety of the constitution makers to achieve that object is fully shown by putting the administrative expenses of a high court including all salaries, allowances and pension payable to or in respect of officers and servants of the court at the same level as the salaries and allowances of the judges of the high court nor can the amount of any expenditure so charged be varied even by the legislature. ..... it was also held by him that the conditions laid down while sanctioning the post of selection grade stenographer in the letter of the government dated august 6, 1958 that the procedure of recruitment should be on the same or similar lines as laid down in the government resolution dated october 22, 1955 came into conflict with the powers of the chief justice under article 229 and it was so accepted by the government itself in the letter dated april 27, 1959. ..... even under the government of india act the power to make rules relating to the conditions of service of the staff of the high court vested in the chief justice of the court under section 242(4) read with section 241 of the government of india act, 1935. .....

M/S. Bharti Airtel Ltd., Rep by Its Head-legal and Regulatory, S. Naga ...

Court : Karnataka

..... the said committee of sub-ordinate legislation apart from consisting of members of legislative assembly, legislative council also consisted of departmental officers such as commissioner of commercial tax department, additional commissioner of commercial taxes, joint commissioner of commercial tax department, deputy commissioner of commercial tax department. ..... 148 of the 2005, rules and the exemption notification issued by the state government in respect of electrical energy under the act and sought for declaration that the aforesaid provisions in the karnataka vat act, 2003 are arbitrary, unconscionable, onerous and violative of article 14 of the constitution and for a declaration that rule 148 of the karnataka vat rules, 2005 is arbitrary, unreasonable, subject to bias and ultra vires and that their case is fully covered by the judgment of the apex court in bsnl case and for a direction to the authorities to give effect to the judgment of the bsnl ..... for the aforesaid reasons, we pass the following: order all the writ appeals and writ petitions are allowed to the following extent:- (a) the light energy which is used as a carrier in telecommunication service for rendering service is covered by the parliamentary legislation i.e. ..... ans: the handset when lifted acts as a switch to establish a connection between the speaker and the exchange. ..... reported in 1959 scr 379:air 1958 sc 560: (1958) 9 stc 353 referred to supra, the constitution bench has clearly laid down the legal position. .....

Madras Bar Association Vs. Union of India and anr.

Court : Supreme Court of India

..... the aforesaid reasons, while allowing the appeals of the union of india and the banks, we hold that the recovery of debts due to banks and financial institutions act, 1993 is a valid piece of legislation ..... the constitution vests the power of legislation at the centre, with the lok sabha and the rajya sabha, and in the states with the state legislative assemblies (and in some states, the state legislative ..... every appointment under this clause shall be made by the state government on the recommendation of a selection committee consisting of the following, namely: (i) president of the state commission: chairman (ii) secretary of the law department of the state: member (iii) secretary in charge of the department dealing with consumer affairs in the state: member (2) the salary or honorarium and other allowances payable to, and the other terms and conditions of service of the members of the state commission shall be such as may be ..... least fifteen years in practice as a cost accountant under the cost and works accountants act, 1959 (23 of 1959); or (e) is, or has been, for at least fifteen years working experience as a secretary in wholetime practice as defined in clause (45-a) of section 2 of this act and is a member of the institute of the company secretaries of india constituted under the company secretaries act, 1980 (56 of 1980); or (f) is a person of ability, integrity and standing having special knowledge of, and professional experience of not less than twenty years in science .....

The Tabocco Institute of India Vs. Union of India

Court : Karnataka

..... the other hand, the ministry of health and family welfare filed an affidavit in the writ petition before the rajasthan high court bringing the final report of the parliamentary committee on record and contended that the legislative authority of the health ministry was examining the final report, but no action 144 was taken on the said report as required under the rules of procedure and conduct of business of the lok sabha and the ..... the preamble to the cotpa2003reference is made to resolution passed by the 39th world assembly dated 15.05.1986 and 43rd world health assembly urging the member states of who to implement the measures for effective protection to non-smokers from involuntary exposure to tobacco smoke and to protect children and young people from being addicted to the use of tobacco and also to discourage the use of tobacco and impose progressive restrictions on advertising, promoting and sponsoring tobacco, it cannot be 114 said that the cotpa rules framed partake ..... of revenue or involve any expenditure for which no provision has been made in the appropriation act; (b) involve any grant of land or assignment of revenue or concession, grant, lease or licence of mineral or forest rights or a right to water power or any easement or privilege in respect of such concession; (c) relate to the number or grade of posts, or to the strength of a service, or to the pay or allowances of government servants or to any other conditions of their service having financial .....