Court : Supreme Court of India
..... pradesh high court advocates association, hyderabad (andhra pradesh), the delhi high court bar association, new delhi, the bar association mumbai (maharashtra), the gauhati high court bar association, guwahati (assam), the punjab & haryana high court bar association, chandigarh (punjab & haryana), the bombay incorporated law society, mumbai (maharashtra), the madhya pradesh high court bar association, jabalpur (madhya pradesh), the advocates association bangalore (karnataka), the central excise, customs (gold) control bar association, new ..... vs. uoi (2011) 6 scc535 para 15 17, striking down section 347d of the delhi municipal corporation act, 1957 (66 of 1957) ----------------------- reportable reportable ----------------------- ..... public. justice powell's comment in his dissent in furman v georgia bears repetition: ...the weight of the evidence indicates that the public generally has not accepted either the morality or the social merit of the views so passionately advocated by the articulate spokesmen for ..... construction. different speakers have different motives and the system of party whip leaves no warrant for assuming that those who voted but did not speak were of identical .....
Tag this Judgment!Court : Supreme Court of India
..... way back in 1957 there was a demand for abolition of sales tax on the scheduled goods and at the instance of the union government the state governments agreed to forego their right to levy sales tax on the aforementioned scheduled goods on the condition that the union government would levy additional excise duty on them and distribute the net proceeds of such duty amongst the consenting states ..... . nataraja mudaliar (supra) in the context of a challenge to the punjab general sales tax (amendment and validation) act, 1967 and the punjab sales tax (haryana amendment and validation) act, ..... (1981) 2 scc318 in which levy of tax on passengers and goods under the punjab passengers and goods taxation act, 1952 and similar other enactments of other states were under challenge ..... . the judgment of this court, inter alia, dealt with a challenge to the constitutional validity of notifications issued under the uttar pradesh sales tax act, 1948, as well as under the punjab general sales tax ..... judges. the constitution bench again heard the entire batch of cases including the appeals against the judgment dated 21.12.2001 of the punjab and haryana high court where the validity of 2000 act was ..... . (2), the punjab and haryana high court by judgment dated 14.03.2007, took the view that the levy under haryana local area development act, 2000 was not ..... . the punjab and haryana high court invalidated the haryana act, the matters again came to this court in a connected matter being jaiprakash .....
Tag this Judgment!Court : Supreme Court of India
..... also present a petition for the dissolution of her marriage by a decree of divorce on the ground- (i) in the case of any marriage solemnized before the commencement of this act, that the husband had married again before such commencement or that any other wife of the husband married before such commencement was alive at the time of the solemnization of the marriage of the petitioner: provided that in either case the other wife is alive at the time of the presentation of the petition; or (ii)that the husband has, since the solemnization of the marriage, been guilty of rape, sodomy ..... 195 the other legislations enacted on the same issue, included the 1934 bombay devadasi protection act, the 1957 bombay protection (extension) act, and the andhra pradesh devadasi (prohibition of dedication) act of 1988. ..... having raised the two preliminary objections with reference to the entertainment of the prayer made by the petitioner, learned counsel invited the court s attention to abolition of the practice of talaq-e-biddat in other countries. ..... abdullah (representing west central punjab) and abdul qaiyum (representing north-west frontier province), leave no room for any doubt, that the objective sought to be achieved by the shariat was inter alia to negate the overriding effect on customs and usages over the muslim personal law shariat . ..... so he mounted upon him with the whip and said out of these three will suffice you. .....
Tag this Judgment!Court : Supreme Court of India
..... whether they have a copy; (c) a statement that the document should be used if the maker lacks capacity to make treatment decisions; (d) a clear statement of the decision, the treatment to be refused and the circumstances in which the decision will apply; (d) the date the document was written (or reviewed); and, (e) the person s signature and the signature of a witness.202 201 section 26(3), mental capacity act 2005 (uk) 202 http://www.39essex.com/docs/articles/ ..... and powerfulness, fortified by qualities of composure, calmness, restraint, reserve, and emotions or passions subdued and securely controlled without being negated or dissolved 63; and (x) observer s dignity aspect: a person possessed of dignity at the end of life, might induce in an observer a sense of tranquility and admiration which inspires images of power and self- assertion through restraint and poised composure; and dignity clearly does play a valuable role in contextualizing ..... the committee's opinion, should be observed before discontinuing life support for such patients, which were: (1) every effort should be made at rehabilitation for at least six months after the injury; (2) the diagnosis of irreversible pvs should not be considered confirmed until at least 12 months after the injury with the effect that any decision to withhold life-prolonging treatment will be delayed for that period; (3) the diagnosis should be agreed by two other 22 [1957 ..... their abolition is ..... of punjab held .....
Tag this Judgment!Court : Supreme Court of India
..... however, notwithstanding the speaker's direction of expunging the portion of the speech, the search light, in its issue dated 31st may, 1957, published a complete report of the speech of the member including the portion which was directed to be expunged, a notice was given to the editor of the search light, shri sharma, to show cause as to why appropriate action be not recommended for breach of privilege of the speaker and 119 the assembly in respect of the offending publication ..... cooper, it is clarified that this ruling is subject to my earlier ruling dated 27th june, 2001 on the argument of on standard chartered bank inadmissibility of documents under sections 91 and 92 of the evidence act and also in view of the provisions of the benami transactions abolition act. ..... 42, issue 4, pp.597-625 57 woodrow wilson, congressional government , 1885, quoted in the jcoc final report, (baltimore, the johns hopkins university press, 1981) p.69 58 national democratic institute for international affairs, parliament s orgainzation: the role of committees and party whips ndi workshop in mangochi, malawi, june 1995 (washington : national democratic institute for international affairs, 1995) 50 ..... 33 42 the decision in raja ram pal has been adverted to in the subsequent judgment of the constitution bench in amarinder singh v special committee, punjab vidhan sabha34 ..... bachao andolan and 24 (1989) 4 scc18725 (2015) 2 scc79626 (1994) 2 scc69127 (1997) 7 scc59232 another28and state of punjab and others v. .....
Tag this Judgment!Court : Supreme Court of India
..... . reference is made to section 22 of the mines and minerals (development and regulation) act, 1957, section 34 of the bureau of indian standards act, 1986, section 34 of the telecom regulatory authority of india act, 1997, section 47 of the banking regulation act, 1949, section 26(1) of the securities and exchange board of india act, 1992, section 19 of the environment (protection) act, 1986, section 43 of the air (prevention and control of pollution) act, 1981 and section 57(1) of the petroleum and natural gas regulatory board act, 2006 ..... all or any of the following matters, namely: (a) the imposition, abolition, remission, alteration or regulation of any tax; (b) the regulation of the borrowing of money or the giving of any guarantee by the government of india, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the government of india; (c) the custody of the consolidated fund or the contingency fund of india, the payment of moneys into or the withdrawal of moneys from any such fund; (d) the appropriation of moneys out of the consolidated fund of india; (e) the declaring of any expenditure to be expenditure charged on the consolidated fund of india or the increasing of the ..... . state of punjab, (1996) 2 scc648:1996 .....
Tag this Judgment!Court : Supreme Court of India
..... or any of the following matters, namely: (a) the imposition, abolition, remission, alteration or regulation of any tax; (b) the regulation of the borrowing of money or the giving of any guarantee by the government of india, or the amendment of the law with respect to any financial obligations undertaken or to be undertaken by the government of india; (c) the custody of the consolidated fund or the contingency fund of india, the payment of moneys into or the withdrawal of moneys from any such fund; (d) the appropriation of moneys out of the consolidated fund of india; (e) the declaring of any expenditure to be expenditure charged on the consolidated fund of india or the increasing of the amount ..... birla cotton, spinning and weaving mills, delhi and another34 this court, however, upheld section 113(2) of the delhi municipal act, 1957 which had empowered the corporation to levy certain optional taxes by observing that there were sufficient guidelines, safeguards and checks in the act which prevented excessive delegation as the act had provided maximum rate of tax. ..... subba rao, cj.speaking for the court had struck down section 5 of the east punjab general sales tax act, 1948 which had empowered the state government to fix rate of tax to such rate as it deemed fit, as bad and unconstitutional observing that the needs of the state and the purposes of the act did not provide sufficient guidance for fixing the rates of tax. ..... state of punjab & ors33 wherein k. .....
Tag this Judgment!Court : Supreme Court of India
..... a full bench of the punjab and haryana high court in rajinder singh v. ..... this special leave petition arises from the judgment of the punjab and haryana high court made on 25-4-1996 in lpa no.437 of 1996. ..... the decision of this court in the punjab produce and trading co. ..... mills 2014 (15) scc410at para 21; sita ram v state of haryana (2015) 3 scc597at paras 19, 21; ram kishan v state of haryana (2015) 4 scc347at paras 8, 9, 12; velaxan kumar v union of india 2015 (4) scc325at paras 15, 16, 17 (hereafter velaxan ); karnail kaur v state of punjab (2015) 3 scc206at paras 17, 18, 23; rajive chowdhrie huf v state (nct) of delhi (2015) 3 scc541at para 1; competent automobiles co. ..... 108 (1996) 1 scc311109 (1996) 3 scc99110 1957 scr01in re: vested rights under section 24 of the act of 2013 138 148. ..... standing order no.28 was issued in 1909 by the state of punjab and was applicable to delhi also, which provided five modes of payment in para 74 and 75 thus: 74. ..... chamarbaugwala 1957 (1) scr874(hereafter rmdc ); patel chunibhai dajibha v narayanrao, 1965 (2) scr328 punjab produce & trading co. v. ..... learned counsel rely on the judgment of this court in state of punjab v. .....
Tag this Judgment!Court : Supreme Court of India
..... offences which under their original act such as the bonded labour system (abolition) act, 1976116, are bailable but on the application of the pmla, become non-bailable. ..... under the copyright act, 1957 (14 of 1957) section description of offence 63 offence of infringement of copyright or other rights conferred by this act. ..... the constitution bench of this court while dealing with similar provisions of ndps act in state of punjab ..... support of the test to gauge the objective of the statute, reference has been made to state of punjab vs. ..... state of punjab & anr.384, upheld the constitutional validity of sections 35 and 54 of the ndps act, which provides presumption against the accused and reverse burden of ..... state of punjab & ors.249 to state that there is a presumption that the discretion will not be abused where the discretion is vested with 247 (1943) 51 ..... state of punjab, (1983) 2 scc277 106 (2012) 9 scc1107 supra at footnote no.31 (also at footnote no.24) 75 without exclusion of the accused under section 50 is in violation of the due process ..... the state of punjab, (1964) 4 scr630203 (xxxv) the respondent has placed reliance on mohan lal ..... (iv) reliance is placed on the decision of punjab & haryana high court at chandigarh in gorav kathuria ..... the inherent value of such a right has been recognised by this court in state of punjab ..... union of india & anr.223, punjab & haryana high court at chandigarh in karam singh & ors. ..... state of punjab, (2011) 4 scc441(paras 13-14); varinder singh .....
Tag this Judgment!Court : Supreme Court of India
..... order where there will be social and economic justice for everyone and equality of status and opportunity for all, would welcome an enquiry by the court, so that if it is found that there are in fact bonded labourers or even if the workers are not bonded in the strict sense of the term as defined in the bonded labour system (abolition) act, 1976 but they are made to provide forced labour or are consigned to a life of utter deprivation and degradation, such a situation can be set ..... it also 46 air1950sc12933 arose out of a writ petition under article 32 challenging an order passed by the chief commissioner of delhi in exercise of the powers conferred by section 7(1)(c) of the east punjab public safety act, 1949, requiring the printer and the publisher as well as the editor of an english weekly by name organizer , to submit for scrutiny, before publication, all communal matters and news and views about pakistan including photographs and cartoons, other than those derived from the official sources. ..... but, in reality the number of areas of disagreement has been greater resulting on one occasion, in ministers being whipped to vote in opposite lobbies and on another, in mps on the treasury benches attempting to amend the address on the queen s speech.131. ..... 476, has admitted 483 (1957). .....
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