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Judgment Search Results Home > Cases Phrase: advisory jurisdiction constitution of india Page 1 of about 11,319 results (0.069 seconds)

Jul 15 2013 (HC)

Union of India and anr. Vs. Biswabijoyee Panigarihi and anr

Court : Delhi

..... case by the authority making the order.10. dealing with the interplay of rule 32, article 320 of the constitution of india, which refers to the advisory jurisdiction of upsc, and the decision of the constitution bench of the supreme court in manbodhan lal srivastavas case, in paragraphs 17 to 21 of its opinion in ..... other conflicting judgments.19. now, the constitutional vision pertaining to the role of upsc is to confer upon it an advisory jurisdiction pertaining to disciplinary matters, which is evidenced from the use of the expression may in sub-article 3 of article 320 of the constitution of india. opinions by upsc on disciplinary matters are ..... noting the decision reported as air 195.sc 91.state of u.p. vs. manbodhan lal srivastava which considered article 320 of the constitution of india, reported as (2007) 4 scc 78.uoi & anr. vs. t.v.patel, a two judge bench of the supreme court held that advice received from upsc was not ..... s.n.narulas case and s.k.kapoors case do not note either article 320 of the constitution of india nor do they note rule 32 of the ccs (cca) rules, 1965 nor do they note the constitution bench decision.12. what is the law of stare decisis and precedent? 13. faced with ..... january 30, 2004, but reported in the year 2011, as (2011) 4 scc 59.s.n.narula vs. uoi & ors. a two judge bench of the supreme court held that the advisory opinion obtained from upsc had to be communicated to the charged officer before the disciplinary authority inflicted the punishment and not .....

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Jul 15 2013 (HC)

Union of India and anr Vs. T.R.Malik and anr

Court : Delhi

..... case by the authority making the order.10. dealing with the interplay of rule 32, article 320 of the constitution of india, which refers to the advisory jurisdiction of upsc, and the decision of the constitution bench of the supreme court in manbodhan lal srivastavas case, in paragraphs 17 to 21 of its opinion in ..... other conflicting judgments.19. now, the constitutional vision pertaining to the role of upsc is to confer upon it an advisory jurisdiction pertaining to disciplinary matters, which is evidenced from the use of the expression may in sub-article 3 of article 320 of the constitution of india. opinions by upsc on disciplinary matters are ..... noting the decision reported as air 195.sc 91.state of u.p. vs. manbodhan lal srivastava which considered article 320 of the constitution of india, reported as (2007) 4 scc 78.uoi & anr. vs. t.v.patel, a two judge bench of the supreme court held that advice received from upsc was not ..... s.n.narulas case and s.k.kapoors case do not note either article 320 of the constitution of india nor do they note rule 32 of the ccs (cca) rules, 1965 nor do they note the constitution bench decision.12. what is the law of stare decisis and precedent? 13. faced with ..... january 30, 2004, but reported in the year 2011, as (2011) 4 scc 59.s.n.narula vs. uoi & ors. a two judge bench of the supreme court held that the advisory opinion obtained from upsc had to be communicated to the charged officer before the disciplinary authority inflicted the punishment and not .....

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Jul 15 2013 (HC)

Union of India and ors. Vs. R.P.S.Panwar

Court : Delhi

..... case by the authority making the order.10. dealing with the interplay of rule 32, article 320 of the constitution of india, which refers to the advisory jurisdiction of upsc, and the decision of the constitution bench of the supreme court in manbodhan lal srivastavas case, in paragraphs 17 to 21 of its opinion in ..... other conflicting judgments.19. now, the constitutional vision pertaining to the role of upsc is to confer upon it an advisory jurisdiction pertaining to disciplinary matters, which is evidenced from the use of the expression may in sub-article 3 of article 320 of the constitution of india. opinions by upsc on disciplinary matters are ..... noting the decision reported as air 195.sc 91.state of u.p. vs. manbodhan lal srivastava which considered article 320 of the constitution of india, reported as (2007) 4 scc 78.uoi & anr. vs. t.v.patel, a two judge bench of the supreme court held that advice received from upsc was not ..... s.n.narulas case and s.k.kapoors case do not note either article 320 of the constitution of india nor do they note rule 32 of the ccs (cca) rules, 1965 nor do they note the constitution bench decision.12. what is the law of stare decisis and precedent? 13. faced with ..... january 30, 2004, but reported in the year 2011, as (2011) 4 scc 59.s.n.narula vs. uoi & ors. a two judge bench of the supreme court held that the advisory opinion obtained from upsc had to be communicated to the charged officer before the disciplinary authority inflicted the punishment and not .....

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Mar 04 1974 (HC)

Dhrangadhra Chemical Works Ltd. Vs. Commissioner of Income-tax, Bombay ...

Court : Mumbai

Reported in : [1975]101ITR491(Bom)

..... and the tax under the provisions of the act but there is no jurisdiction to go into the question whether the relevant provisions offend the fundamental rights ..... decisions of the supreme court that the jurisdiction that is possessed by this court in exercise of its advisory jurisdiction under a taxing statute is not the same as the one that is conferred upon it under article 226 of the constitution of india. when a question has to be considered in exercise of advisory jurisdiction, the jurisdiction is confined to assessment of the income ..... writ petition filed under article 226 of the constitution. 14. mr. joshi on behalf of the revenue, on the other hand, has contended that when question are referred to this court under section 66 of the act this court merely exercise advisory jurisdiction conferred upon it by the act; that when such advisory jurisdiction is exercised by the high court questions relating ..... validity of such statutes, notifications and orders, equally according to the submission of mr. joshi, the high court in exercise of its advisory jurisdiction can have no larger powers. he, therefore, submitted that this court has no jurisdiction to answer questions nos. 2 and 3. in support of this contention he relied upon three decisions of the supreme court, viz., .....

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Jun 10 1982 (HC)

Mysore Breweries Ltd. Vs. Commissioner of Income-tax

Court : Karnataka

Reported in : (1987)64CTR(Kar)288; [1987]166ITR723(KAR); [1987]166ITR723(Karn); [1986]29TAXMAN1(Kar)

..... is well-settled if regard be had to the decisions of the supreme court that that jurisdiction that is possessed by this court in exercise of its advisory jurisdiction under a taxing statute is not the same as the one that is conferred upon it under article 226 of the constitution of india.... the question of ultra vires is foreign to the scope of its ..... jurisdiction. if an assessee raises such a question, the tribunal can only reject it on the ground that ..... of the act and the question of the constitutionality and vires of the provisions are foreign to the scope of its jurisdiction; secondly, the jurisdiction of the high court under section 256 of the act is a special advisory jurisdiction, and, unlike the jurisdiction under article 226, strictly limited by the provisions of the statute to decide question of law arising out of the order ..... it has no jurisdiction to entertain the said objection or decide on it. as no such question .....

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Mar 30 1992 (HC)

Christian Medical College Vs. the State of Punjab Through the Secretar ...

Court : Punjab and Haryana

Reported in : (1992)102PLR445

..... . mr. anupam gupta, however, contends that, the opinion rendered by the supreme court in exercise of its advisory jurisdiction in article 143(3) of the constitution of india, would be a binding law declared by the supreme court within the meaning of article 141 of the constitution of india. for the aforesaid proposition, mr, gupta relies upon decision of the supreme court in re: special courts ..... necessary, the earlier view taken by it, in so far all other courts of the teritory of india are concerned, ought to be bound by the view expressed by the supreme court, even in exercise of its advisory jurisdiction under article 143(1) of the constitution of india. whether the view expressed in re-kerala education bill case (supra), would hold the field or it ..... , the view earlier taken by it, in so far as all other courts in the territory of india are concerned they ought to be bound by the view expressed by this court even in the exercise of its advisory jurisdiction under art 143(1) of the constitution. we would also like to draw attention to the observations made by ray, c. j, in st ..... before us on the question as to whether the opinion rendered by this court in the exercise of its advisory jurisdiction under article 143(1) of the constitution is binding as law declared by this court within the meaning of article 141 of the constitution. the question may have to be considered more fully on a future occasion but we do hope that the .....

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Sep 27 2012 (SC)

Re: Special Reference No. 1 of 2012 [Under Article 143(1) of the Const ...

Court : Supreme Court of India

..... j.(d.k. jain)................................j.(dipak misra)................................j.(ranjan gogoi)new delhi;september 27, 2012.in the supreme court of india advisory jurisdiction special reference no.1 of 2012 in the matter of: special reference under article 143(1)of the constitution of indiao p i n i o njagdish singh khehar, j.1. i have had the privilege of perusing the ..... necessary, the view earlier taken by it, insofar as all other courts in the territory of india are concerned they ought to be bound by the view expressed by this court even in the exercise of its advisory jurisdiction under article 143(1) of the constitution."50. there is a catena of pronouncements in which this court has either explained, clarified or ..... should never be seen to be, apart of that debate. but it does seem, that the presidential reference is aimed at invoking this court's advisory jurisdiction to iron out the creases, so that legal and constitutional parameters are correctly understood. this would avoid such controversies in future. it is therefore, that an opinion is also being rendered by me, on ..... . state of bihar (1955) 2 scr 603].under the constitution such appellate jurisdiction does not vest in this court, nor can it be vested in it by the president under article 143. to accept shri nariman's contention would mean that the advisory jurisdiction under article 143 is also an appellate jurisdiction of this court over its own decision between the same parties .....

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Jan 04 1957 (HC)

Sardar Kapur Singh Vs. Union of India (Uoi)

Court : Punjab and Haryana

Reported in : AIR1957P& H173

..... held by this court that this was a final order within the meaning of article 133 of the constitution of india and cases under the sales tax act and income-tax act were distinguished on the ground that the orders given were in tho advisory jurisdiction of the high court and did not decide finally the rights of parties and were therefore not final ..... propose to take up is whether the proceedings were civil proceedings.appeals to the supreme court are dealt with in the constitution of india in chapter iv of part v in articles 132 to 136. article 132 deals with the appellate jurisdiction of the supreme court in appeals from high courts in certain cases. it provides--'an appeal shall lie to the supreme ..... ' and 'any other' have therefore been used in their widest sense to cover all these various jurisdictions of the high courts and superintendence over tribunals.34. it was contended that the proceedings against which kapur singh made an application under article 226 of the constitution of india were merely executive proceedings. one cannot lose sight of the question that kapur singh was agitating ..... issue a writ under article 226 of the constitution of india.38. in article 133(1) of the constitution of india the words 'judgment, decree and final order' are textually the same as those used in section 205 of the constitution act of 1935. in the civil procedure code appeals to the privy council and after the abolition of the jurisdiction of the privy council and conferment of .....

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Nov 22 1991 (SC)

In the Matter of : Cauvery Water Disputes Tribunal

Court : Supreme Court of India

Reported in : AIR1992SC522; JT1991(4)SC361; 1991(2)SCALE1049; [1991]Supp2SCR497

..... certain features of the reference which are also alluded to in the contentions of the parties. the reference is made under article 143(1) of the constitution of india seeking opinion of this court under its advisory jurisdiction. as has been stated in the preamble of the reference and is also not disputed before us, the first two questions are obviously the outcome of ..... v. the state of bihar and ors., : [1955]2scr603 . under the constitution such appellate jurisdiction does not vest in this court; nor can it be vested in it by the president under article 143. to accept shri nariman's contention would mean that the advisory jurisdiction under article 143 is also an appellate jurisdiction of this court over its own decision between the same parties ..... x x xthe second submission raised by the learned counsel for tamil nadu namely to the effect that the tribunal alone could exercise jurisdiction in respect of a water dispute by virtue of article 262 of the constitution of india and in case tribunal holds otherwise the state of tamil nadu will be left with no remedy available to it, it may be ..... aspects or matters.8. article 131 of the constitution deals with original jurisdiction of the supreme court and states as follows:131. original jurisdiction of the supreme court: subject to the provisions of this constitution, the supreme court shall, to the exclusion of any other court, have original jurisdiction in any dispute-(a) between the government of india and one or more states; or(b) .....

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Mar 19 1982 (HC)

Commissioner of Sales Tax Vs. Ghanshyam Hotel

Court : Allahabad

Reported in : [1983]52STC47(All)

..... commissioner of income-tax v. dewan bahadur ramgopal mills ltd. : [1961]41itr280(sc) it has been held that the nature of an advisory jurisdiction exercised by this court is not the same as extraordinary jurisdiction under article 226 of the constitution of india (sic). there is yet another reason why the power to review should not be exercised or invoked under section 151 of the ..... : [1977]106itr653(sc) was in an entirely different context. it does not directly or indirectly overrule the decisions given by the various high courts that the court or authority exercising advisory jurisdiction is not empowered to review. in cases where reference has not been decided on merits for one reason or the other it has only saved the power and empowered the ..... of section 151, civil procedure code did not apply, yet held that in the absence of any specific conferment of power the court could not review its order passed by it in advisory jurisdiction. reliance was placed by the learned standing counsel on jaipur mineral development syndicate v. commissioner of income-tax, new delhi : [1977]106itr653(sc) , where it was held that the high ..... in indo international industries v. commissioner, sales tax (s. t. r. no. 337 of 1981 decided on 29th january, 1982) [1982] 50 stc 249.5. a court or authority exercising advisory jurisdiction is not empowered to review its order. in emperor v. kajori mai kalyan das : air1930all211 , a division bench of this court while considering the power of the court to review .....

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