Court : Supreme Court of India
Reported in : AIR1989SC2227
..... even after the introduction of the said amendment, the appellant's aforesaid product continued to be treated as exempt from the liability to pay any excise duly on the selfsame ground, namely, that it was coveted under item 2(i) of the schedule which item 2(i) was re-numbered as item 3(i) of the schedule as amended by the amendment act of 1961.5. ..... cosmetics act in the amended first schedule after the amendment act of 1964 included ayurvedic (including siddha) and unani system drugs prepared under section 3(a) which contains the definition: 'ayurvedic (including siddha) or unani drugs includes all medicines intended for internal or external use of human beings or animals and all substances intended to be used for or in the diagnosis, treatment, mitigation or prevention of disease in human beings and animals, mentioned and process and manufacture exclusively in accordance with the formula prescribed in the ..... to interpret and in such a way as to harmonize laws with laws, is the best mode of interpretation. ..... 4 filed its written statement and similarly on the 4th april, 1966 the respondents nos. ..... on march 4, 1966, the respondent no. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1982Raj297; 1982()WLN294
..... . held that section 4 of the constitution 42nd amendment act was bevond the amending power of parliament and was void, since it damaged the basic and essential features of the constitution and destroyed its basic structure by a total exclusion of challenge to any law on the ground that it was inconsistent with or took away or abridged any of the rights conferred by article 14 or article 19 of the constitution ..... . markandan, in his treaties directive principles in the indian constitution, published in 1966, expressed satisfaction when he observed as under:--'the catalogue of programme undertaken by the state which by no means is exhaustive with a view to promoting the welfare of the weaker sections of the people and, in particular, of the sche-duled castes and scheduled tribes, is indicative of fact that the state has not taken it to mean that the directives are only pious resolutions but duties that they have to perform to realise the objectives of a welfare state.'50 .....
Tag this Judgment!Court : Mumbai
Reported in : 2008(4)ALLMR841; 2008(5)BomCR85; 2008(6)MhLj332
..... , relied on the amendment made in the maharashtra registration rules, 1961 by the inspector general of registration under section 69 of the registration act, 1968, whereby the rule 44 of the said rules was amended and after clause (h) the clause (i) was inserted, which reads as under:(i) that, if the transaction which is intended by the document, is prohibited by any existing act of central or state government, then the true copy of requisite permission or no objection certificate from the competent authority under the said act, has been attached along with the document, and that, the document is not ..... upto ignore the government circular dated october 31, 2001 and shall consider the application so made by the petitioners in accordance with various provisions of law and the terms and conditions of the grant;iv) in the undertaking the petitioners shall also state that they shall abide by the final decision to be take by the government concerning the payment towards the occupancy rights and any other decision relating to alleged dues subject to the petitioners' right to challenge the decision of the government and in that event to abide by the decision of the court in that ..... sub-registrar, reddiarpalayam pondicherry and ors. ..... 2 planning authority to exercise whatever powers it has under the provisions of the maharashtra regional town planning act, 1966 and d.c. .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1968Kant216; AIR1968Mys216; (1968)1MysLJ599
..... the petitioner is adversely affected by the provisions of the mysore act in the following manner:(i) the share which the petitioner would be entitled to get in a partition according to the provisions of the mysore act, would be considerably less than what she would have got if the partition had taken place according to the provisions of the madras act; and (ii) the possibility of her getting, as the reversioner, the properties that might have been allotted to the share of nissanthathi kavarus if a partition had taken place in accordance with the provisions of the madras act, has been put an end to by the mysore act ..... (52) the statement of object and reasons annexed to the madras aliyasantana (mysore amendment) bill, 1961, reads:'representations have been received from the jains governed by the aliyasantana law that the provisions of the madras aliyasantana act, 1949, should be amended to enable the members of a kutumba or kavaru to take their share in the properties of the kutumba or kavaru, as the case may be. ..... ajit kumar, : [1966]1scr349 :'.... .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2009(3)ALT324
..... such a construction would defeat the object of the constitution (fifty-second amendment) act, 1985 and the purpose for which clause (2) to article 191 and the tenth schedule were inserted. ..... the speaker observed that, in the instant case, the election commission had issued the gazette notification on 12.05.2004 constituting the 12th andhra pradesh state legislative assembly, that the notification clearly mentioned that the respondents belonged to the t.r.s party, that it was only on the basis of the notification issued by the election commission, and the details furnished by the leadership of the t.r.s legislature party, would the legislature secretariat deal with the members, that the records of the andhra pradesh legislature, and the evidence of r.w.4, indicated that the strength of t.r.s legislature party including the respondents ..... an ouster clause attaching finality to a determination ousts the power of the court to review the decision of an inferior tribunal by certiorari if the inferior tribunal has not acted without jurisdiction and has merely made an error of law which does not affect its jurisdiction. ..... patna municipal corporation : [1966]3scr466 , a.r. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2001(1)ALD555; 2001(1)ALD(Cri)259; 2001(1)ALT479
..... law and in view of the constitution (fourty fourth) amendment act, 1978, brought into force from 1-4-1979, even though the said fundamental right is deleted from part iv, but has been lifted with the same pharaseology and inserted as constitutional guarantee under article 300a, no person can be deprived of his property save by authority of law and if this be the constitutional mandate, the state cannot claim immunity from legal action under the act when the allegation is that without authority of law the land of the ..... the governmental authorities, the act is not at all applicable for invocation against the government and the act is intended and has been enacted only for the purpose of ousting the land grabbers on the government land and that the government can never be a land grabber and even assuming that a claim is made that the government is in possession of the land belonging to a private person, no proceedings under the act can be initiated against the government and it is only the common law ..... special tribunal shall have power to try all cases not taken cognizance of by the special court relating to any alleged act of land grabbing, or with respect to the ownership and title to, or lawful possession of the land grabbed whether before or after the commencement of the andhra pradesh land grabbing (prohibition) act, 1987 and brought before it and pass such orders (including orders by way ..... the said land was purchased by their ancestors by a registered sale deed dated 6-3-1966 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 1996VIIAD(SC)398; JT1996(8)SC67; 1996(6)SCALE551; (1996)6SCC634; [1996]Supp5SCR643; [1998]110STC590(SC)
..... matter of fact, such a course has been adopted even in the case of a constitutional amendment, to wit, the constitution (forty-fourth amendment) act, 1978, insofar as it pertains to amendment of article 22 of the constitution. ..... 877 dated june 16, 1965 under section 7 of the act directing that 'with a view to provide incentives to the industries established both in the public and private sectors in the state, either before or after the ist july, 1963, half of the assessment payable under the act in respect of the non-agricultural lands in the entire area of the industrial undertakings shall be remitted for a period of five years from the date of establishment, or upto the date of production of rated capacity of such undertakings, whichever is ..... the contention before this court was that in the absence of an express provision in section 1(2) authorising the government to fix the date of commencement of the act with retrospective effect, the government had no power to-say on july 26, 1949 that the act must be deemed to have come into operation on july 22, 1949, this contention was negatived by the constitution bench of this court in the following words:the reason for which the court disfavours retroactive operation of laws is that it may prejudicially affect vested right.no such reason is involved in ..... union : (1966)iillj546sc , one of the questions raised and answered pertained to the nature of the power conferred upon the government by section 86 of the payment or bonus act, 1965. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1970P& H193
..... the power under sub-section (1) of section 102 to suspend a panch originally resided in the director, but by section 6 of the punjab gram panchayat (amendment) act, 1964 (punjab act 11 of 1964), for the word 'director' were substituted the words 'deputy commissioner'. ..... if a gram panchayat makes default in the performance of any duty other than judicial functions imposed upon it by or under the act or under any law for the time being in force, the deputy commissioner or the sub-divisional officer, as the case may be, has been given discretion to fix a period for the performance thereof according to section 99. ..... as has been laid down by a division bench of this court in civil writ 2717 of 1965, d/- 28-2-1966 (punj), it is incumbent upon the government to hold an enquiry before removing a panch. ..... d/- 10-3-1966 (punj) that the enquiry during the pendency of which a deputy commissioner can suspend a panch does not include investigation into a criminal offence.11. ..... 2717 of 1965, d/- 28-2-1966 (punj), in which a division bench consisting of dua and narula jj.. ..... , hoshiyarpur, ilr (1966) 2 punj 20 and ram ditta singh v. ..... in piyare lal's case, ilr (1966) 2 punj. ..... , civil writ 13 of 1966. .....
Tag this Judgment!Court : Karnataka
Reported in : ILR1986KAR1365; 1985(2)KarLJ397; [1985]60STC142(Kar)
..... is necessary to notice that all the questions that arise in these cases have to be examined and decided without reference to the amendments made to the constitution by the 46th constitution amendment act of 1982 that came into force from 2nd march, 1983 for the reasons that all the assessments in these cases relate to the period prior to that date and the enabling provisions of the constitution had not been availed by the karnataka state so far and at any rate for the assessment periods involved in these cases. ..... anything to the contrary contained in this act or any other law for the time being in force, two independent sales or purchases shall, for the purposes of this act, be deemed to have taken place, - (a) when the goods are transferred from a principal to his selling agent and from the selling agent to the purchaser, or (b) when the goods are transferred from the seller to a buying agent and from the buying agent to his principal, if the agent is found in either of the cases aforesaid, - (i) to have sold the goods at ..... produce company limited's case : [1966]59itr254(sc) a constitution bench of the supreme court had to examine whether the coffee grown and delivered by bhavani tea produce company limited prior to 1st april, 1955 which maintained its accounts in mercantile system of accounting was exigible or not to agricultural income-tax under the madras plantations agricultural income-tax act (madras act 5 of 1955) later titled as the madras agricultural income-tax act. .....
Tag this Judgment!Court : Delhi
Reported in : ILR1976Delhi28; [1976]38STC403(Delhi)
..... taxation laws amendment act, 1963, with retrospective effect, and, thereforee, a company running a canteen for its workers on a non-profit basis under the provisions of the factories act carries on the business of selling goods at the canteen and is liable to sales tax under the ..... .) was concerned with the definition of 'business' in section 2(bbb) introduced into the andhra pradesh general sales tax act by amendment act of 1966, according to which profit motive was unnecessary to constitute ..... 1971 praying that the said assessment order be quashed, and that a direction be issued that the receipts from the sales in the canteen are not liable to be included in the taxable turnover of the company for the purposes of assessment to sales tax for the assessment year 1966-67 and for the future assessment years. ..... in respect of the turnover of its sales for the assessment year 1966-67, it did not include the receipts in respect of the sales effected in the canteen on the same ground as the one taken by the delhi cloth and general ..... 43 of 1965-66 and 1110 of 1966-67 to the assistant commissioner of sales tax, delhi, under section 20(1) of the said act who rejected the said appeals by his orders, dated 19th august, 1965, and 26th april, 1968/17th may, 1968 ..... in respect of the assessment years 1960-61 and 1962-63, oh the assessing authority including the receipts from the sales in the canteen by its orders, dated 16th february, 1965, and 18th october, 1966, respectively, the company preferred appeals .....
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