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Search Results Judgments > Act:CONSTITUTION OF INDIA - Article 267 -

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 ...

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 ...

Jul 05 2013

S.SUBRAMANIAM BALAJI Vs. GOVT.OF T.NADU & ORS.

  • Decided on : 05-Jul-2013

Court : Supreme Court of India

... otherwise must be credited to the Consolidated Fund of India. Article 267 also constitutes Contingency Fund of India. If any money (except which is charged on the Consolidated Fund) is to be withdrawn for any governmental purpose, then there has to be an Appropriation Act under Article 266(3) read with Article 114 of the Constitution. Every department of the Government presents its demand ... expenditure, then it is required to be backed by law. Article 266 of the Constitution lays down that all monies received by the Central Government or by the State Government by way of taxes or otherwise must be credited to the Consolidated Fund of India. Article 267 also constitutes Contingency Fund of India. If any money (except which is charged on the Consolidated ... of jurisdiction stating that political parties are not State within the meaning of Article 12 of the Constitution of India and therefore, no writ of any nature can be issued against them either under Article 226 or Article 32 of the Constitution of India or any other provision of the Constitution or any other law. The correct forum is the Election Tribunal and not ... of public purpose and Article 14 of the Constitution has no role to play. (I) Political Parties are not State, therefore, not amenable to the writ jurisdiction of the High Court under Article 226 or the writ jurisdiction of the Hon ble Supreme Court under Article 32 of the Constitution of India or any other provisions of the Constitution. For corrupt practices, the ...

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 ...

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 ...

Jul 04 2001

Dilip Kumar Mahto Vs. State of Jharkhand and Ors.

  • Decided on : 04-Jul-2001

Court : Jharkhand

Reported in : [2003(4)JCR174(Jhr)]

... Supreme Court in an attempt to protect the forests in P.N. Godavarnan Thirumul Pad v. Union of India and Ors., 1997 (2) SCC 267. In the context of the need for protecting the forests and the mandate of Article 48A of the Constitution of India, it is clear that the forest laws and the provisions dealing with penalties should be construed in such a ... is no error apparent on the face of the record justifying interference under Article 226 of the Constitution of India.8. Learned counsel finally submitted that under Section 68 of the Act the ownerhas a right to seek the release of the vehicleon payment of the value of the seized articles and the value of the vehicle asdetermined. Of course if an offence of ...

Dec 21 1998

C. Natesan Vs. State of Tamil Nadu and Ors.

  • Decided on : 21-Dec-1998

Court : Chennai

Reported in : 1999CriLJ1382

... under Section 269 of the Code of Criminal Procedure as well as under Article 21 of the Constitution of India, this Court can incidentally decide the issue whether the P. T. warrant issued under Section 267 of the Code of Criminal Procedure is authorized by law.5. Mr. R ... Court that his personal liberty as guaranteed under Article 21 of the Constitution of India is being violated. The learned senior counsel would contend that even assuming the P. T. warrants issued in these cases can be traced to Section 267 of the Code of Criminal Procedure, yet ... Section 267 of the Code of Criminal Procedure, then the transfer of the petitioner from the judicial custody of the Court at Madras to the Court outside the city of Chennai or even the State; would amount to unauthorised illegal detention violating Article 21 of the Constitution of India. ... 267 of the Code is valid, yet does the accused, in respect of whom a P. T. warrant is issued, has any right to contend that he should not be transferred based on Section 269 of the Code? and(f) whether the personal liberty of the petitioner as guaranteed under Article 21 of the Constitution of India ... 267 of the Code of Criminal Procedure even at the stage of investigation and therefore when that power is vested with the Court, it cannot be said that transfer of custody pursuant to such order could be called as an unauthorised custody or illegal custody infringing the personal liberty of the citizen as guaranteed under Article 21 of the Constitution of India ...

Aug 09 2011

Anupam Thakur and Others Vs. State of H.P. and Others

  • Decided on : 09-Aug-2011

Court : Himachal Pradesh

... backward area falls within the ambit of Article 15 (4) of the Constitution of India. Their Lordships of the Honble Supreme Court in State of Uttar Pradesh and others versus Pradip Tandon and others, ( 1975) 1 SCC 267 have held that the backwardness contemplated under Article 15 (4) is both social and educational. Article 15 (4) speaks of backwardness of classes ... reason of Articles 15 and 16 of the Constitution of India. Reservation made for the members of the Scheduled Castes, Scheduled Tribes and other Backward Classes would, however, is subject to Article 335 of the Constitution of India. Concededly, no citizen of India can claim reservation as a matter of right. The provisions contained in Articles 15 and 16 of the Constitution of India are ... , is subject to Article 335 of the Constitution of India. Concededly, no citizen of India can claim reservation as a matter of right. The provisions contained in Articles 15 and 16 of the Constitution of India are merely enabling provisions. No writ of or in the nature of mandamus, thus, could be issued. [See C.A. Rajendran v. Union of India and Others [1968 ... Constitution of India. Concededly, no citizen of India can claim reservation as a matter of right. The provisions contained in Articles 15 and 16 of the Constitution of India are merely enabling provisions. No writ of or in the nature of mandamus, thus, could be issued. [See C.A. Rajendran v. Union of India and Others [1968 (1) SCR 721], Indra Sawhney and Others v. Union of India ...

Jan 31 2004

State of Nagaland and Anr. Vs. UCO Bank and Ors.

  • Decided on : 31-Jan-2004

Court : Guwahati

... custody of the Reserve Bank of India despite there being definite provisions in the Constitution prescribing mode for appropriation of moneys therefrom.11. Article 266 provide for the Consolidated Fund and public accounts of India and the States. Article 267 provide for establishment of a Contingency Fund by law to be made by Parliament or the Legislature of a State, Article 283 provide for custody of ... public accounts of India and the States. Article 267 provide for establishment of a Contingency Fund by law to be made by Parliament or the Legislature of a State, Article 283 provide for custody of Consolidated Fund and Contingency Fund, The provisions relevant for the issue at hand arc quoted below : '266 (3) No moneys out of the Consolidated Fund of India or the ... State, Article 283 provide for custody of Consolidated Fund and Contingency Fund, The provisions relevant for the issue at hand arc quoted below : '266 (3) No moneys out of the Consolidated 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.''267(2) ... not been exhausted, will be available. In Union of India v. Hindalco Industries, [2003] 5 SCC 194, in para-12, the Supreme Court held : '12. There can be no doubt that in matters of taxation, it is inappropriate for the High Court to interfere in exercise of jurisdiction under Article 226 of the Constitution either at the stage of the show-cause ...

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 ...

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