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
..... accordingly, on point b, we hold:that having regard to the background and evolution of the principles underlying the constitution (52nd amendment) act, 1985, in so far as it seeks to introduce the tenth schedule in the constitution of india, the provisions of paragraph 7 of the tenth schedule of the constitution in terms and in effect bring about a change in the operation and effect to articles 136, 226 and 227 of the constitution of india and, therefore, the amendment would require to be ratified in accordance with the proviso to sub-article (2) of article 368 of the constitution of india.21. ..... as the act itself is based on the constitution (ninety-third amendment) act, 2005, the validity of the act depends on the fact whether the constitution (ninety-third amendment) act, 2005 itself is valid or not. ..... state of j & k (i) : (1967)iillj271sc , 50% of the gazetted posts were to be filled up by promotion in favour of the muslims of jammu & kashmir. ..... : [1967]2scr762 , making article 368 more restrictive, had been overruled in kesavananda bharati's case (supra). .....
Tag this Judgment!Court : Kerala
Reported in : AIR1970Ker218; [1970]26STC45(Ker)
..... nearly five miles to the north of it, lies tellicherry,and about six or seven miles to the south of it lies muttungal, where a check-post hasbeen established under the provisions of section 29 of the act the petitioner is possessed of registration certificates issued under the central sales-tax act 1956, and under the pondicherry general sales-tax act, 1967 which came into force on 20-11-1967. ..... restrictions on trade, commerce and intercourse among states -- notwithstanding anything in article 301 or article 303 the legislature of a state may by law- (a) xxxxx (b) impose such reasonable restrictions on the freedom of trade, commerce or intercourse with or within that state as may be required in the public interest: provided that no bill or amendment for the purpose of clause (b) shall be introduced or moved in the legislature of a state without the previous sanction of the president.' 6. ..... in that case the court was called upon to consider the validity of the bombay lotteries and prize competitions control and tax (amendment) act 1952. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009(5)ALT1(SC); JT2009(9)SC229; (2009)IVLLJ57SC; 2009(9)SCALE99; (2009)8SCC431; 2009(7)LC3037(SC):669458
..... it is a matter for the legislature to balance the object of the parent act with the object of protecting the rights of religious institutions and religious charities and on the basis of the material available to the legislature, the decision to exempt the buildings of such religious institutions and religious charities has been taken.while rejecting the second argument, the court observed:by section 3 of amending act 2 of 1996 impugned herein, which is in pari materia with section 9 of the amending act of 1960, the legislature had intended that pending proceedings should be affected. ..... it is clear and is undisputed that the buildings constructed by the respondent -- the colony buildings as well as the factory buildings -- answer fully the description of a 'house' and are squarely within the new definition contained in section 2(15).we see no substance in the respondent's contention that by re-defining the term 'house' with retrospective effect and by validating the levies imposed under the unamended act as if notwithstanding anything contained in any judgment, decree or order of any court, that act as amended was in force on the date when the tax was levied, the legislature has encroached upon ..... , september 4, 1967 fixed for grant of the benefit of concessional rate of duty was irrational and arbitrary. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1988P& H281
..... in exercise of the powers under section 1(2), the pondicherry government issued a notification dated march 1, 1966, bringing into force the madras act as extended by the act to pondicherry with effect from april 1, 1966, but in the meantime, the madras legislature had amended the madras act and consequently it was the madras act, as amended up to april l, 1966 which was brought into force under the said notification. ..... the assembly passed the pondicherry general sales tax act x of 1965, hereinafter referred to as the principal act, which was published on june 3, 1965, after receiving the assent of the president on may 25, 1965: section 1(2) of that act provided that the act would come into force on such date as the government may by notification appoint, section 2(1) provided that 'the madras general sales tax act, 1959(act no. ..... 13 of the east punjab urban rent restriction act in the union territory of chandigarh, and, therefore, a decree for eviction made by a civil court could not be executed against a tenant against whom a decree for eviction was made by the civil court, the tenant filed an application before the learned district judge objecting to the execution of the decree of eviction. ..... union territory of pondicherry, air 1967 sc 1480, contended that a statutory provision authorising the executive to extend, future taws to the new territories would be unconstitutional. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1971All1; [1971]27STC402(All)
..... while enacting the amendment act, parliament considered it proper to grant some relief from the burden of the tax occasioned by the amendments introduced in the principal act, and accordingly section 10 of the amendment act exempted from tax those dealers who had effected inter-state sales between november 10, 1964 and june 9, 1969 and had not collected the tax from their customers on the ground that such tax was not leviable.9. ..... in view of the amendment act, permission was granted to the petitioner to amend the petition and a number of grounds have now been included challenging the constitutional validity of the amendment act, during the hearing of this petition, learned counsel for the petitioner has confined himself to those grounds alone,3. ..... the facts of the case and the history leading to the passing of the central sales tax (amendment) ordinance 1969 and the central sales tax (amendment) act 1969 (hereinafter referred to as the amend-ment act) have been dealt with by hon. ..... 1335 of 1967, d/-14-5-1968 (all) (supra) support the stand taken by the revenue. ..... 1335 of 1967 decided by oak c. j. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1992SC1277; JT1992(2)SC144; 1992LabIC1371; 1992(1)SCALE454; 1992Supp(2)SCC351; [1992]1SCR917
..... (1) notwithstanding anything to the contrary contained in any provisions of the electricity (supply) act, 1948, rules, regulations or bye-laws made thereunder or in any judgment, decree or order of the court or in any contract, any appointment made before the commencement of the electricity (supply) (himachal pradesh amendment) act, 1990, whereby a person has a right to continue as a member of the board after attaining the age of 65 years, shall be void; and on such commencement he shall be deemed to have ceased to hold office of the member of the board. ..... require to be noted they can be culled from the headnote as under :-as a result of the osmania university (amendment) act ii of 1966, section l2(1) of the qsmania university act, 1959, was amended to provide for the appointment of the vice chancellor by the chancellor alone; in section 12(2) a provision was introduced whereby he could only be removed from office by an order of the chancellor passed on the ground of misbehaviour or incapacity after enquiry by a person who was or had been a judge of a high court or the supreme court and after the vice chancellor had been given an opportunity ..... : [1967]2scr214 , has no application to the facts of the case because though the act was general in its application, yet, it applied to only one individual who was when occupying the post of vice chancellor of osmania university. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1989SC572; JT1988(4)SC529; 1988(2)SCALE1418; (1989)1SCC561; [1988]Supp3SCR558
..... , that where there is abdication or effacement the legislature concerned in truth and in fact acts contrary to the instrument which constituted it and the statute in question would be void and still-born.in the present case it is clear that the pondicherry legislature not only adopted the madras act as it stood at the date when it passed the principal act but also enacted that if the madras legislature were to amend its act prior to the date when the pondicherry government would issue its notification it would be the amended act which would apply. ..... in accordance with any law for the control of rent and regulation of house accommodation for the time being in force in the state in which such cantonment is situated, such decree or order shall, on and from the date on which the rent control act is extended to that cantonment, be deemed to have been made under the corresponding provisions of the rent control act, as extended to that cantonment, as if the said rent control act, as so extended, were in force in that cantonment, on the date on which such decree or order was made.it has been ..... this interpretation of the delhi laws act case (supra) was placed before the bench which decided shama rao : [1967]2scr650 but, without dissenting from this approach, the learned judges did not choose to apply it perhaps as they felt that he pondicherry legislature, in the case before them, had completely abdicated its functions to the madras legislature. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1996SC1916; 1996LC233(SC); JT1996(5)SC167; (1997)1MLJ41(SC); 1996(3)SCALE538; (1996)4SCC281; [1996]Supp1SCR349; [1996]102STC1(SC)
..... the amending act, after amending the aforesaid provisions of the central sales tax act and various other provisions, went on to validate all assessments, reassessments, levy 0r collection of any tax made 'notwithstanding anything contained in the judgment, decision, decree or order of any court or other authority to the contrary'. ..... when the case came to this court, the inadequacy of the amending act was pointed out in the following words:but the act in terms is limited in its application to the independent mining local board, chhindawara, and its successor body the janapada shaba, chhindawara constituted under act 38 of 1948, and only in respect of the three notifications specified in the schedule. ..... the result of the various provisions of the amending act and in particular the validating provision was to change the law with retrospective effect and to impart validity to all assessments made under the central sales tax act which had been struck down by the judgment in the case of larsen and toubro and all other orders passed pursuant to their judgment.7. mr. ..... joint commercial tax officer (1967) 20 stc 150. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR2005KAR3710; 2005(4)KarLJ481
..... of any law relating to municipalities in force in a state immediately before the commencement of the constitution (seventy-fourth amendment) act, 1992 which is inconsistent with the provisions of this part, shall continue to be in force until amended or repealed by a competent legislature or other competent authority or until the expiration of one year from such commencement, whichever is earlier'.in view of the above article of the constitution, the definition of 'bangalore metropolitan area' in section 2(c) of bda act being inconsistent with the provisions of part ix-a of the constitution, it was in force for a period of one year ..... now, it is true that there is no express provision in the passports act, 1967 which requires that the audi alteram partem rule should be followed before impounding a passport, hut that is not conclusive of the question, if the statute makes itself clear on this point, then no more question arises. ..... , air 1966 sc 1987 : 1967-1-llj-412 ;3. r.c. .....
Tag this Judgment!Court : Kerala
Reported in : (2010)ILLJ279Ker
..... (2) the contributions shall be paid at such rates as may be prescribed by the central government:provided that the rates so prescribed shall not be more than the rates which were in force immediately before the commencement of the employees' state insurance (amendment) act, 1989. ..... , 'scheduled bank' means a bank for the time being included in the second schedule to the reserve bank of india act, 1934 (2 of 1934).regulations 29 to 40 of the general regulations deal with the mode of payment of contributions, time for payment of contribution, interest on contribution, refund of contribution erroneously paid etc.the liability to pay the contribution by virtue of section 40 of the act is on the 'principal employer' in the first instance and if the principal employer has paid the contribution in respect of the employee, he is entitled to recover the amount from the immediate employer, if any, by virtue of section ..... kerala kaumkudi (1967) 70 fjr 93 (kerala) held that persons employed in the canteen of a club are 'employees' even if they were engaged through independent contractor.11. .....
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