Court : Supreme Court of India
..... it was increased to twenty thousand rupees by the election and other related laws (amendment) act 2003 14 it act, proviso (b) to section 13a15it act, proviso (c) to section 13a10part a12 by the election and other related laws (amendment) act 2003, sections 80ggb16 and 80ggc17 were inserted in the it act making contributions made to political parties tax deductible ..... reference was made when the tenth schedule was included in the constitution by the constitution (fifty-second) amendment act 1985. ..... section 29c of the representation of the people act, 1951 was introduced in 2003.24 the section requires each political party to file a report for all contributions over rs.20,000/- to the election commission of india.25 the report is required to be filed before the due date of filing income tax returns of the financial year under the income tax act, 1961 ..... . therefore, the court held that the government was prohibited from compelling disclosures from the said party, a minor political party, since there existed a reasonable probability that the compelled disclosures would subject their donors, if identified, to threats, harassment or ..... ., delivering the opinion of the court observed that the socialist workers party, a minor political party had historically been the object of harassment by government officials and private ..... . justice steven writing for the minority on the issue of corporate funding observed that companies and natural persons cannot be treated alike for the purposes of political funding .....
Tag this Judgment!Court : Karnataka
..... . a copy of the representation made by him to the national commission for minorities and also the copy of the order dated 22.08.2008 by the nhrc to the igp, grievances human rights, police housing and welfare were also produced to substantiate those allegations. 9 ..... government vide their letter dated 19.11.2011, clarified that in pursuance of the order of the honble supreme court of india dated 06.12.2010, in prakash singhs case, an affidavit was filed by them on 10.01.2011, and in the said affidavit it was submitted that they would abide by the direction of the honble supreme court to be passed in the case, on the basis of the submissions to be made by the central government regarding amendment of the relevant rules and regulation dealing with the cadre management rules in the matter of tenure of dg and igp of the state ..... . the second person in the list has intimated the state of karnataka his unwillingness to come back to the state as he was working in the state of mizoram and therefore, the state has excluded his name from consideration but, in the empanelled list though the committee consists of the chief secretary of the karnataka as well as the dgp and ig of karnataka who had knowledge of these things still included his name in the empanelled list .....
Tag this Judgment!Court : Supreme Court of India
..... ), the constitution (scheduled tribes) order (amendment) act, 1991 (16 of 1991), the constitution (scheduled tribes) order (second amendment) act, 1991 (39 of 1991), the scheduled castes and scheduled tribes orders (amendment) act, 2002 (32 of 2002), the scheduled castes and scheduled tribes orders (amendment) act, 2002 (10 of 2003), the constitution (scheduled tribes) order (amendment) act, 2003 (47 of 2003), the constitution (scheduled tribes) order (amendment) act 2006 (48 of 2006), the constitution (scheduled tribes) order (amendment) act, 2008 (14 of 2008) and the constitution (scheduled tribes) union territories order (amendment) act, ..... the constitution provides for a national commission for scheduled cates which is invested with the following duties: (a) to investigate and monitor all matters relating to the safeguards provided for the scheduled castes under this constitution or under any other law for the time being in force or 17 under any order of the government and to evaluate the working of such safeguards; (b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the scheduled castes; (c) to participate and advise on the planning process of socio economic development of the ..... the opinion, inter alia, states that having regard to the order in the state of uttaranchal s case, till this issue is resolved by a larger bench, the ..... by the administration in the field of culture and education, especially vis a vis regional, minorities. .....
Tag this Judgment!Court : Supreme Court of India
..... commission. to comprehend the role and functions of the national commission for backward class created by the constitution (one hundred and second amendment) act, we need to notice the difference into the role and functions of the statutory commission and constitutional ..... , other than minority edu- cational institutions referred to in clause (1) of article 30 of the constitution; and in ap- pointments in public services and posts under the state, excluding reservations in favour of scheduled tribes candidates in the scheduled areas of the state under the fifth schedule to the constitution of india, as per the notification issued on the 9th june 2014 in this behalf; (f) by providing reservation to the maratha community, the efficiency in administration will not be af- fected, since the government is not diluting the standard of edu- cational qualification for direct recruitment for this classes ..... another amendment- the constitution (eighty ninth amendment) act, 2003, which inserted 86" the scheduled castes " means such castes, races or tribes or parts of or groups within castes, races or tribes, being castes, races, tribes, parts or groups, which appear to his majesty in council to correspond to the classes of persons formerly known as " the depressed classes", as his majesty in council may specify 87soosai etc vs union of india1985 supp (3) scr242 88statement of objects and reasons, constitution sixty fifth amendment act, 1990 53 article 338a, enabling the creation of a .....
Tag this Judgment!Court : Supreme Court of India
..... accordingly, constitution (one hundred and second amendment) act, 2018, was brought about and articles 338b & 342a were inserted constituting a separate commission for socially and educationally backward 15 (2014) 8 scc116 (2015) 4 scc69719 classes and empowering the president to specify socially and educationally backward classes.36. ..... union of india and others14, where the constitution bench of this court was considering, inter alia, the constitutional validity of the constitution (seventy-seventh amendment) act, 1995, the constitution (eighty-first amendment) act, 2000, the 14 (2006) 8 scc212 194 constitution (eighty-second amendment) act, 2000, and the constitution (eighty-fifth amendment) act, 2001. ..... in indra sawhney (supra), this court adopted the approach of the minority in rangachari (supra), holding that reservations in promotions would dilute efficiency in administration.76 by the constitution (seventy-seventh amendment) act 1995, parliament amended the constitution to include clause (4-a) into article 16 permitting reservation for the scheduled castes and the scheduled tribes in promotion.57. ..... 2003 lahuji salve this commission was commission, appointed to study the socio- maharashtra economic condition of mangs caste which was within the list of scheduled castes. ..... 161 1976 3 scc443 162 2003 8 scc204 76 part d seat reserved for the scheduled castes in the legislative assembly, belonged to the scheduled caste community. .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(6)ALD1; 2004(5)ALT634
..... the first submission is that in view of the fact that though the issue of identifying the muslim community as a backward class was pending with the backward classes commission for a long time and as the commission did not make any recommendation either way, coupled with the fact that the commission itself has become defunct with effect from 1.10.2003, a situation of necessity compelling the state government to issue the impugned order without consulting the backward class commission arose as it became impossible for the state government to comply with the mandate of the act 20/93 or the directions of the supreme ..... with regard to the second issue as to whether consultation of the commission is pre-mandate before identification of such communities, the full bench further held as follows :'turning to the second aspect of the issue, whether consultation with the commission is pre-mandate before such an identification of the communities, it is to be noticed that it is for the commission under section 9 to examine the request for under-inclusion and the over-inclusion of the communities, while section 11 empowers the government to revise the list from time to time to suit the changing needs of the communities in the state. ..... article 15 had clause (4) inserted in it by the first amendment act 1951 whereas article 16 has remained unamended except for a minor amendment in clause (3). .....
Tag this Judgment!Court : Supreme Court of India
..... under article 341 to be scheduled castes for the purposes of this constitution; (25) scheduled tribes means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be scheduled tribes for the purposes of this constitution; (26c) socially and educationally backward classes means such backward classes as are so deemed under article 342a for the purposes of this constitution; article 342a has been inserted by the constitution (one hundred and second amendment) act, 2018, w.e.f. ..... chinnaiah is a good law, its problematics give rise to prospects of challenge to the constitutional validity of article 342a as inserted by the constitution (one hundred and second amendment) act, 2018 necessitates revisiting the interpretation of articles 341 and 342 of the constitution.10. ..... it is equally relevant to notice that article 340 does not expressly refer to services or to reservations in services under the state, though it may be that the commission appointed thereunder may recommend reservation in appointments/posts in the services of the state as one of the steps for removing the difficulties under which sebcs are labouring and for improving their conditions. ..... thomas, (1976) 2 scc310 having confirmed the minority opinion of subba rao, j in t. ..... dinesh chaudhary, (2003) 8 scc204 in punit rai, it was observed that the president has been authorised to limit the notification to parts or groups within the castes. .....
Tag this Judgment!Court : Jammu and Kashmir
..... of the agreement; that the petitioner / trust and the board of trustees had all along been strictly observing the provisions of trust act, 1977; that the execution of a contract for running the management of the nursing home by local doctors was considered a necessity by the board of trustees and while executing that contract with the doctors, the trust took all necessary precautions for protecting the title of the property and also to ensure that the objects and the purposes of the trust ..... 1976 and without bringing it in the notice of the government; andwhereas, the purported transfer of the nursing home by the trust to a third party will create interest in his favour at the cost of the state government and public at large; andwhereas, the trust had entered into an agreement with the third party to transfer the said nursing home to that party for which the inauguration was fixed for 23rd july, 2003, the invitation cadres having been already ..... the government shall complete the construction of the institute and shall be responsible for the commissioning it with suitable required equipment and adequate staffing both technical and otherwise.4) the trust shall contribute to the institute besides the fixed assets mentioned above, any amount received by it as donations or contributions from time to time in the name of the institute, which shall be used for purposes of research.5) there shall be a governing body of the institute (hereinafter referred to as governing body) with the .....
Tag this Judgment!Court : Supreme Court of India
..... this order has been amended by the scheduled castes and scheduled tribes orders (amendment) act, 1976 (act no.108 of 1976), the constitution (scheduled tribes) order (amendment) act, 1991 (16 of 1991), the constitution (scheduled tribes) order (second amendment) act, 1991 (39 of 1991), the scheduled castes and scheduled tribes orders (amendment) act, 2002 (32 of 2002), the scheduled castes and scheduled tribes orders (amendment) act, 2002 (10 of 2003), the constitution (scheduled tribes) order (amendment) act, 2003 (47 of 2003), the constitution (scheduled tribes) order (amendment) act 2006 (48 of 2006), the constitution (scheduled tribes) order (amendment) act, 2008 (14 of 2008) and the constitution (scheduled tribes) ..... of the constitution provides for a national commission for scheduled cates which is invested with the following duties: (a) to investigate and monitor all matters relating to the safeguards provided for the scheduled castes under this constitution or under any other law for the time being in force or under any order of the government and to evaluate the working of such safeguards; (b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the scheduled castes; (c) to participate and advise on the planning process of socio economic development of the scheduled ..... the opinion, inter alia, states that having regard to the order in the state of uttaranchal s case, till this issue is resolved by a larger bench, the decision in .....
Tag this Judgment!Court : Supreme Court of India
..... this order has been amended by the scheduled castes and scheduled tribes orders (amendment) act, 1976 (act no.108 of 1976), the constitution (scheduled tribes) order (amendment) act, 1991 (16 of 1991), the constitution (scheduled tribes) order (second amendment) act, 1991 (39 of 1991), the scheduled castes and scheduled tribes orders (amendment) act, 2002 (32 of 2002), the scheduled castes and scheduled tribes orders (amendment) act, 2002 (10 of 2003), the constitution (scheduled tribes) order (amendment) act, 2003 (47 of 2003), the constitution (scheduled tribes) order (amendment) act 2006 (48 of 2006), the constitution (scheduled tribes) order (amendment) act, 2008 (14 of 2008) and the constitution (scheduled tribes) ..... of the constitution provides for a national commission for scheduled cates which is invested with the following duties: (a) to investigate and monitor all matters relating to the safeguards provided for the scheduled castes under this constitution or under any other law for the time being in force or under any order of the government and to evaluate the working of such safeguards; (b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the scheduled castes; (c) to participate and advise on the planning process of socio economic development of the scheduled ..... the opinion, inter alia, states that having regard to the order in the state of uttaranchal s case, till this issue is resolved by a larger bench, the decision in .....
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