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Judgment Search Results Home  Phrase:constitution of india article 267

Sep 17 2001

Kunwar Pal Singh Rathi Vs. State of Uttar Pradesh

  • Decided on : 17-Sep-2001

Court : Allahabad

Reported in : 2001(4)AWC3104

... to put the things straight. Establishment of 'Contingency Fund' (both for the Union and State) is contemplated in Article 267 of the Constitution of India. The Fund has to be established by a law made either by the Parliament or the State Legislature. Clause (2) of Article 267 which deals with the State lays down as under : 'The Legislature of a State may by law establish ... , fabrication and destruction of record, etc. The Apex Court examined the question whether it was a fit case for interference under Article 136 of the Constitution of India. It was observed that the exercise of power under Article 226 of the Constitution of India in a public interest litigation was not to give any advantage to a political party or group of people. It was also ... under Article 32 of the Constitution of India. Disposing of the writ petitions, the Apex Court observed that there are ample powers conferred by Article 142 to make orders which have the effect of law by virtue of Article 141 and there is mandate to all authorities to act in aid of the orders of the Supreme Court as provided under Article 144 of the Constitution. The ... offence having been committed, cannot be made the basis of challenge to policy decisions taken by the State Government, as in view of the provisions of Articles 151 and 194 of the Constitution of India, it is the constitutional entitlement, prerogative and privilege of the State Legislature to consider the report of the C.A.G. It is for the State Legislature to take ...

Nov 24 2004

Chief Treasury Officer Vs. Pradeep Pharma and Ors.

  • Decided on : 24-Nov-2004

Court : Allahabad

Reported in : 2005(2)AWC1616

... Article 267 of the Constitution of India, to enable the executive Government to meet unforeseen expenditure, pending its authorization by the Legislature by law. Receipts and disbursements such as deposits, reserve funds, remittances etc. which do not form part of the 'Consolidation Fund' are included in the 'Public Account of the State.'13. According to Clause (1) of Article 202 of the Constitution of India ... Account. Clause (3) of Article 266 mandates that no money out of the Consolidation Fund can be appropriated except in accordance with law and for the purposes and in the manner provided in the Constitution. By enacting Uttar Pradesh Contingency Fund Act, 1950, this State has established Contingency Fund referred to in Article 267 of the Constitution of India, to enable the executive Government ... etc.12. Article 150 of the Constitution of India, says that the accounts of the Union and of the State shall be kept in such form as the President may, on the advice of the Comptroller and Auditor-General of India, prescribe. Our polity being federal major to minor head of account and its codes are common to Government of India, all ... to satisfy and adjust decree or award of any Court or arbitral Tribunal. Articles 184-186 provide as to how an annual financial statement has to be prepared.14. After this annual financial statement is cleared by the Legislature of the State under Article 203 of the Constitution of India, a bill to provide for the appropriation out of the consolidated ...

Dec 09 2003

M.P. Cement Manufacturers' Association Vs. State of Madhya Pradesh and ...

  • Decided on : 09-Dec-2003

Court : Supreme Court of India

Reported in : JT2005(11)SC342; (2004)2MLJ144(SC); 2003(10)SCALE54; (2004)2SCC249

... Article 14.LEGISLATIVE COMPETENCE9. The two competing entries in the Seventh Schedule to the Constitution are Entry 84 of List-l and Entry 53 of List-II. They respectively read:'List-I '84. Duties of excise on tobacco and other goods manufactured or produced in India ... additional challenge has been raised to the constitutional validity of Sub-sections (3), (4) and (5) of Section 3 in Civil Appeal No. 2003 of 2002 alleging violation of Articles 202, 204, 207, 260 and 267 of the Constitution.41. In order to appreciate the ... Article 14. We have referred to the provisions of Sudhar Adhiniyam so that the State Government may in future act in consonance with Section 12(3).40. An additional challenge has been raised to the constitutional validity of Sub-sections (3), (4) and (5) of Section 3 in Civil Appeal No. 2003 of 2002 alleging violation of Articles 202, 204, 207, 260 and 267 ... Article 14 of the Constitution apart from anything else.39. Nevertheless, we do not propose to decide -- whether by reason only of such non-consultation, Section 3(2) of the 1981 Adhiniyam is violative of Article 14, nor do we propose to decide whether the cess of 20 paise is excessive, nor the other grounds urged by the appellants pertaining to Article ... Section 12 (3) of the Madhya Pradesh Vidyut Sudhar Adhiniyam, 2000; third - that the levy was violative of Article 14 of the Constitution. Virtually the same arguments were raised before the High Court. 5. The respondents are the State of Madhya Pradesh and ...

Feb 23 2010

Taj Guest House Vs. Kolkata Municipal Corporation and Ors.

  • Decided on : 23-Feb-2010

Court : Kolkata

... But nevertheless since the right to supply of water is recognised now to be a right under Article 21 of the Constitution of India, in a situation like the above, the Municipal Commissioner should under Section 267 consider the case of compelling the owner to take additional supply in accordance with the provisions of ... a separate non domestic connection to the writ petitioner. Nevertheless, it would be open to the writ petitioner to apply to the commissioner under Section 267 of the Calcutta Municipal Corporation Act, 1980. If he does so, the Municipal Corporation will consider his application in accordance with the observations made ... Corporation has two options, either to grant him a separate supply under Section 239 or to compel the owner to obtain additional supply under Section 267. In a case like this where there is some suspicion that the writ petitioner has been set up by the defaulting owner the commissioner ... 5. Both the learned Counsel have taken me extensively to the relevant sections of the above Act being Sections 193, 238, 239, 254, 255, 265B, 267 and Section 275(aa).6. I have considered the rival contentions of the parties.DISCUSSION AND CONCLUSION 7. The real point in this matter ... Municipal Corporation Act, 1980 shown to me. I consider Section 239 to be very relevant for the purposes of this case along with Section 267.14. Under Section 239, the corporation has the power to grant a separate supply for non-domestic purposes. I have not found any prohibition ...

Sep 21 2012

Brij Kishore Verma Vs. State Of Uttar Pradesh

  • Decided on : 21-Sep-2012

Court : Allahabad

... Fund of India or the Consolidated Fund of a State shall be appropriated except in accordance with law and for the purposes and in the manner provided in this Constitution. For convenience, ARTICLE 266 of the Constitution of India, is reproduced as under:- "266. Consolidated Funds and public accounts of India and of the States.- (1) Subject to the provisions of article 267 ... ARTICLE 266 of the Constitution of India, is reproduced as under:- "266. Consolidated Funds and public accounts of India and of the States.- (1) Subject to the provisions of article 267 and to the provisions of this Chapter with respect to the assignment of the whole or part of the net proceeds of certain taxes and duties to States, all revenues received by the Government of India ... 74. ARTICLE 266 and 267 of the Constitution deal with consolidated fund and public accounts of India as well as State. It provides that all revenue received by the Government of a State, shall form consolidated fund. Clause (2) and (3) of ARTICLE 266 further provides that all public moneys received by or on behalf of the Government of India or ... procedure for the State Legislature has been given from Article 196 to Article 212 of the Constitution. THE introduction of bill has been dealt with under Article 196 of the Constitution. Special procedure has been provided with regard to money bill under Article 198 and 199 of the Constitution of India. 71. Article 202 of the Constitution provides that in every financial year, an estimate ...

Feb 18 2011

Sri. K. Jayaprakash Hegde, S/o. K. Chandrashekara Hegde, And Ors. Vs. ...

  • Decided on : 18-Feb-2011

Court : Karnataka

... to entertain the matter. Article 266 of the Constitution refers to consolidated fund of Government of India or consolidated fund of the State. This article is subject to the provisions of Article 267 of the Constitution. All the public monies received by and on behalf of Government of India or the State Government shall be credited to the public fund of India or the State respectively ... This article is subject to the provisions of Article 267 of the Constitution. All the public monies received by and on behalf of Government of India or the State Government shall be credited to the public fund of India or the State respectively. Those funds cannot be appropriated except in accordance with law and for the purpose in the manner provided in the Constitution. ... article in the Constitution. Article 282 is not an insertion by Parliament at a later date, on the other hand, the said article has been in the Constitution right from the inception and has been invoked for implementation of several welfare measures by Central grants".51. "It is not in dispute that several welfare schemes were sponsored and are being formulated by the Union of India ... Fund of India by resorting to Article 282".52. "The expression "public purpose" under Article 282 should be widely construed and from the point of view of the Scheme. It is clear that the same has been designed to promote the purpose underlying the directive principles of State Policy as enshrined in Part IV of the Constitution of India. It is ...

Apr 19 1965

Jaora Sugar Mills (P) Ltd. Vs. State of Madhya Pradesh and Ors.

  • Decided on : 19-Apr-1965

Court : Supreme Court of India

Reported in : AIR1966SC416; [1966]1SCR523

... for by the relevant article contained in Part XII of the constitution and he has rallied more particularly on the provisions of Art 266. Article 266, no doubt, provides for two different consolidated Funds and public Accounts, one in relation to Indian and the other in relation to the respective states reads thus:- '266. [1] Subject to the provisions of article 267 and to the ... the respective states reads thus:- '266. [1] Subject to the provisions of article 267 and to the provisions of this Chapter with respect to the assignment of the whole or part of the net proceeds of certain taxes and duties to State, all revenues received by the Government of India, all loans raised by that government by the issue of treasury bills, loans ... Seventh Schedule to the Constitution. Article 245[1] provides inter alia, that subject to the provisions of this Constitution, Parliament may make laws for the whole or any part of the territory of India; and the relevant Entry relates to any other matter not enumerated in List II or List III including any tax not mentioned in either of those lists. Article 248 Provides: [1 ... of India. He contends that the recoveries have already been made by the respective states and they have gone into their respective consolidated Funds. In support of this arguments, Mr. Pathak has referred to the general scheme of the devolution of revenues between the Union and the States which is provided for by the relevant article contained in Part XII of the constitution ...

Oct 27 1997

Haridwar Pandey Vs. State of Bihar and Ors.

  • Decided on : 27-Oct-1997

Court : Patna

... basis. Thereafter, the petitioner again came to this Court in Cr. W.J.C. No. 267/1992 for quashing the prosecution on the ground of denial of right to speedy trial as enshrined under Article 21 of the Constitution of India and the said writ application was dismissed on 30th July, 1992 after coming to ... situations. Nor is it possible to lay down any hard and fast rules. These propositions are:(1) Fair, just and reasonable procedure implicit in Article 21 to the Constitution creates right in the accused to be tried speedily. Right to speedy trial is the right of the accused. The fact that a speedy ... and Measures 1990 SC 1266.14. It is well settled that a right to speedy trial is implicit in the broad sweep and content of Article 21 of the Constitution. A constituent bench of the apex Court has considered the question as to whether a time limit can be fixed for disposal of the criminal ... are the cases wherein in facts of a particular case the prosecution has been quashed by taking into consideration the principle laid down by the constitution Bench of the Apex Court. In none of the cases it has been held that only because the case has remained pending for a particular ... concerned that the guilt or innocence of the accused is determined as quickly as possible in the circumstances.(2) Right to speedy trial flowing from Article 21 encompasses all the stages, namely the stage of investigation, inquiry, trial, appeal, revision and retrial. That is how, this Court has understood this right ...

Oct 04 2002

The Government of Andhra Pradesh represented by its Principal Secretar ...

  • Decided on : 04-Oct-2002

Court : Andhra Pradesh

Reported in : 2002(6)ALT81

... .O.Ms. No. 267, Home (Police-E) Department, dated 26th November, 2001 as arbitrary and discriminatory being violative of Articles 14, 16, 21 and 311 of the Constitution of India. They have also prayed to declare proviso to Rule 6 of the aforesaid Rules as bad in law being violative of Articles 14 and 16 of the Constitution of India.5. The Tribunal ... of Punjab, : AIR1999SC3471 a Constitution Bench of the Supreme Court while considering the inter-connection of Articles 14 and 16 of the Constitution of India observed that 'they are closely connected. Clause (1) of Article 16 is held to be a facet of Article 14 and that it takes its roots from Article 14. While construing Article 16(1) of the Constitution of India, which issues a ... Article 16(1) of the Constitution of India.'24. We shall bear in mind that Article 16 of the Constitution of India is only an incident of application of the concept of equality enshrined in Article 14 thereof and it gives effect to the doctrine of equality in the matter of appointment and promotion. The expression 'employment' in Article 16(1) of the Constitution of India ... instance or incident of the guarantee of equality contained in Article 14 of the Constitution of India.21. Article 14 of the Constitution of India gives effect to the doctrine of equality in the matter of appointment and as well as promotion. The concept of equal opportunity guaranteed by Article 16 of the Constitution of India permeates the whole spectrum of one's employment commencing ...

Mar 21 2007

Govt. of A.P. and Anr. Vs. G. Jaya Prasad Rao and Ors.

  • Decided on : 21-Mar-2007

Court : Supreme Court of India

Reported in : AIR2007SC1503; 2007(3)ALD42(SC); (2007)4MLJ1039(SC); 2007(4)SCALE630

... referred to as 'Rules of 1998') issued by G.O. Ms. No. 267, Home (Police-E) Department, dated 26th November, 2001 by amendment of Rule as arbitrary and discriminatory being violative of Articles 14, 16, 21 and 311 of the Constitution of India.3. By this amendment a scheme was introduced for accelerated promotion for ... against other persons who want to continue with their usual police duties. Such Classification cannot be looked down as arbitrary or violative of Articles 14 & 16 of the Constitution of India. The classification is apparent which can be differentiated from the class of persons who are prepared to sacrifice their life as against ... the rules and insertion of Note 2 in Rule 3 as well as proviso to Rule 6, could be declared ultra vires of Articles 14 & 16 of the Constitution of India. It may be said at the outset that these rules were amended looking to the dire need of the State in ... promotion scheme.18. However, learned Counsel for the respondents submitted that notwithstanding the fact that the amendment may not be ultra vires of Articles 14 & 16 of the Constitution, it is capable of being operated in an arbitrary fashion because the whole of the State of Andhra Pradesh is not naxal affected ... of the petitioners (respondents herein) and declared Note 2 to Rule 3 of the Rules and Proviso to Rule 6 being violative of Articles 14 & 16 of the Constitution and struck it down.Aggrieved against this Order, a batch of writ petitions were filed before the High Court.4. The stand ...

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