Court : Rajasthan
Reported in : (1994)ILLJ1038Raj; 1993(1)WLC577
..... employee of r.s.r.t.c. 40. a lot of controversy has cropped up after the amendment of article 311 of the constitution of india by virtue of 42nd constitution amendment. as it stood prior to 42nd constitution amendment, article 311(2) read as under:- 'no such person as aforesaid shall be dismissed or removed ..... is liable to be declared as illegal and void on account of violation of the principles of natural justice. 2. even after amendment of article 311(2) of the constitution of india the requirement of 'reasonable opportunity of being heard' implies that before a decision is taken by the disciplinary authority to punish ..... that supply of copy of inquiry report is necessary before an order of punishment can be passed against a delinquent employee and that 42nd amendment of the constitution does not have the effect of dispensing with the requirement of furnishing a copy of the inquiry report to the delinquent. the question ..... of supply of copy of inquiry report is implicit requirement of the principles of natural justice which has to be complied with even after the 42nd amendment of the constitution. in s.b. civil writ petition no. 1285/85 tej karan jain v. state of rajasthan, decided on february 8, 1991, 1991 (1 ..... him shall not be recovered. provided that in case of a workman to whom the provisions of clause (2) of article 311 of the constitution of india apply the provisions of the article shall be complied with. (d) if, on conclusion of the enquiry or as the case may be, of .....Tag this Judgment!
Court : Karnataka
..... respondent - state with great vehemence that these writ petitions are not even maintainable and in view of the constitutional mandate and bar of jurisdiction contained in article 243-o of the constitution of india, inserted by 73rd and 74th constitutional amendments in part ix of the constitution of india, no interference can be made by this court in the election process, even for the posts of 'president ..... court in which similar challenges on earlier occasions have also been turned down and rejected by this court on the anvil of the said constitutional bar of jurisdiction. 8. chapter 9 of the constitution of india inserted by 73rd amendment act of 1992 with effect from 24/04/1993 comprising of articles 243 to 243-o are relevant for this case while chapter 9 ..... article 243-zh to article 243-zt deal with the co-operative societies. 9. it is opportune here to reproduce article 243-o and article 243-d of the constitution of india and section 19 of the karnataka panchayat raj act, 1993 ..... -a comprising of article 243-b to article 243-zg inserted by the said 73rd amendment deal with the municipalities and chapter 9 b comprising of .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1972Raj218
..... 1955, can be declared as unconstitutional or void as being violative of article 31a(1) or 19(1)(f) and 31b of the constitution despite the amendment of schedule 9 of the constitution of india by the constitution (seventeenth amendment) act. 1964?'the case of the petitioners is that they were temporary cultivators of land situated in the rajasthan canal area and became khatedar ..... (1962) 12 rai 900 = (air 1963 raj 72) that the above provision offended the guarantee given by the constitution under article 31(2) and was ultra vires.4. both article 31a and the ninth schedule of the constitution were amended by the constitution (seventeenth amendment) act. 1964. the following second proviso was added to clause (1) of article 31a:--'provided further that where ..... or structure, provides for payment of compensation at a rate which shall not be less than the market value thereof.'at the same time to the ninth schedule to the constitution the following entry was added along with the explanation:--'55. the rajasthan tenancy act 1955 (rajasthan act iii of 1955).. ... ... ... ... ... ... ... ...explanation -- any acquisition made under the rajasthan ..... act iii of 1955), in contravention of the second proviso to clause (1) of article 31a shall to the extent of the contravention, be void.-'article 31b of the constitution runs as follows:--'31-b. validation of certain acts and regulations. without prejudice to the generality of the provisions contained in article 31a, none of the acts and regulations .....Tag this Judgment!
Court : Supreme Court of India
Reported in : [2007(3)JCR215(SC)]; JT2007(6)SC574; 2007(7)SCALE32; (2007)9SCC266; 2007STR106; (2007)7VST317(SC); 2007AIRSCW3549
..... sales tax can only be imposed on a sale. the court held that a works contract is not a sale.7. parliament, thereafter amended the constitution of india by the constitution (forty sixth) amendment act, 1982 introducing clause 29a (b) in article 366 therein. the aforesaid clause 29-a states that the words 'tax on ..... 29 of the rajasthan sales tax act and the rules were not providing for particular deductions, the same were invalid. in the present matter the constitutional provision of law says that particular deductions would be provided but unfortunately nothing is provided in relation to the other charges either in section 21 itself ..... when the law provides that something is to be prescribed in the rules then that thing must be prescribed in the rules to make the provisions workable and constitutionally valid. in the matter of gannon dunkerley & co. (1993) 88 stc 204 the supreme court observed that as sub-section (3) of section 5 ..... on the sale or purchase of goods. if an item does not come within list ii or list iii of the seventh schedule to the constitution, then it can only be the central legislature i.e. the parliament which can levy tax either under list i or under the residual provision ..... been adopted by the state of jharkhand vide notification dated 15.12.2000 and thus are applicable in the state of jharkhand.11. interpretation of the amended section 21(1) and the newly substituted rule 13a fell for consideration of a division bench of the patna high court in the case of larsen .....Tag this Judgment!
Court : Mumbai
Reported in : 2009(6)BomCR368
..... view to eradicating the evil of political defection in the parliament on the national level and in the state legislatures on the state level, the parliament has amended the constitution of india by the constitution (fifty-second amendment) act, 1985. at the level of district, taluka, city and town, different local authorities are charged with the administration of functions relating to local government. these local ..... authorities are, in the main elective. the field of local government constitutes a training ground for the state and national government. many of our ablest statesmen and legislators have ..... stated earlier we had our own doubts whether section 5(1) has been printed and/or as contended on behalf of the petitioner by learned counsel that legislature had made amendments. we could have called on the state to produce the original of the bill as passed by the state assembly. in our opinion that exercise is not called for. if .....Tag this Judgment!
Court : Orissa
Reported in : 1994(II)OLR172
..... in dredging operation is purely a service contract and as such bills raised for the purpose of said work cannot be treated as sale price even after amendment to the constitution of india by the 46th constitutional amendment, 1982. revenue's stand on the other hand was that intention of the parties was very much explicit in terms of the contract that such payments were ..... orissa sales tax act, 1947 (in short, the 'act') and the writ applications are interlinked, and therefore, are disposed of by this common judgment.2. m/s. dredging corporation of india (hereinafter referred to as 'assessee') entered into an arrangement with paradip port trust (hereinafter referred to as 'port trust') for the purpose of dredging outer approach channel, inner approach channel .....Tag this Judgment!
Court : Supreme Court of India
Reported in : 2008(56)BLJR1292; 2008(3)CTC97; [2008(3)JCR176(SC)]; JT2008(5)SC1; (2008)3MLJ1105(SC); 2008(5)SCALE1; (2008)6SCC1; 2008AIRSCW2899; 2008(3)Supreme331; 2008(2)LH(SC)1534
..... as 'suspect legislation', 'strict scrutiny' and 'compelling state necessity' are applicable to principles of reservation or other affirmative action contemplated under article 15(5) of the constitution of india 164. based on the ninety-third constitutional amendment act, act 5 of 2007 has been enacted. according to the petitioner's counsel, this is a 'suspect legislation' and therefore, it is to be subjected to ..... be challenged simply on the ground of unreasonableness because that by itself does not constitute a ground. the validity of a constitutional amendment and the validity of plenary legislation have to be decided purely as questions of constitutional law. this court in state of rajasthan and ors. v. union of india and ors. : 1scr1 at p. 660 said:if a question brought before the ..... illegal and relied on indra sawhney's case (supra) and indra sawhney (ii) v. union of india and ors. : air2000sc498 .36. shri ashoka kumar thakur, who appeared in person, supported all the contentions raised by various learned counsel and urged that the ninety-third constitution amendment as well as the act 5 of 2007 are unconstitutional and they are liable to be struck .....Tag this Judgment!
Court : Mumbai
Reported in : 1993(1)BomCR7
..... 1974 which deleted section 5 of the 1969 act required assent of the president under article 254(2) of the constitution of india and in absence thereof the amending act xxxi of 1974 was invalid. mr. justice vimadalal further held that the amending act xxxi of 1974 effects changes which are repugnant to the indian contract act and therefore void under article 254(1 ..... xxxi of 1974 was repugnant to the indian contract act and therefore void under article 254(1) of the constitution. the learned judge further held that in the absence of prior assent of the president of india under article 254(2) of the constitution, the amending act cannot survive as the subject covered is one under the entries in the concurrent list. it is ..... 1969 act was challenged by some of the purchasers by filing petition under article 226 of the constitution of india in this court and the petition was numbered as special civil application no. 1553 of 1974. several contentions were raised in that petition, including that the amending act no. xxxi of 1974 not having received the assent of the president could not override ..... m.l. pendse, j.1. by this petition filed under article 226 of the constitution of india, the petitioners are challenging constitutional validity of the maharashtra sale of trees by occupants belonging to scheduled tribes (regulation) (amendment) act, 1991. the petitioners nos. 2 to 4 are adivasis and are holders of lands situated at village khand, khoste and vikramgadh of jawhar taluka in thane .....Tag this Judgment!
Court : Karnataka
Reported in : ILR2006KAR318; 2006(1)KarLJ1
..... considering the material placed before him, arguments of the parties and after looking into the files of bda and government, has held that in view of the amendment to the constitution of india by the constitution (seventy-fourth amendment) act, 1992, part ix-a and in particular and definition of metropolitan area defined in article 243-p(c), article 243-r relating to composition ..... of land like the land acquisition act, 1894 traceable to entry 42 of list iii of the seventh schedule to the constitution of india, the field in respect of which is already occupied by the central enactment of 1894, as amended from time to time. if at all, the bda act, so far as acquisition of land for its developmental activities ..... of municipalities and corresponding amendment carried out to the karnataka municipal corporations act by inserting section 503-b which provides for constitution of metropolitan planning committee and the effect ..... unworkable and ineffectual if the subsequent amendments to the central act are not also imported into consideration.41. therefore, it is clear that the bda act is one which will squarely fall under the traceable to the powers of the state legislature under entry 5 of list ii of seventh schedule in the constitution of india. the bda act so far as .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR1977AP250
..... of the questions canvassed before us. what we are now concerned with is to find out the jurisdiction of the high court under article. 226 as it has been amended by the constitution 42nd amendment. we have already noted the fact, which is very significant, that the parliament has not merely added a clause here or deleted a clause there, to the ..... high court's jurisdiction under article. 226.5. further, two new articles - article. 323-a and article. 323-b - are introduced in the constitution by section 46 of the amendment act. article. 323-a provides for the constitution of administrative tribunal and enables the parliament to make laws providing for the adjudication of service matters by administrative tribunals. likewise, the appropriate legislature ..... . 226 is substituted. further, some new articles have also been added which have great impact on the scope of article. 226. section 58 of the amendment act is not made a part of constitution but has been enacted by the parliament as a separate provision for pending petitions under article. 226. patently it is transitory provision laying down the guidelines according ..... before a full bench in view of the 42nd amendment to the constitution of india. there are writ petitions, writ appeals and a supreme court leave petition amongst them. these cases cover the entire gamut of article. 226. which is newly substituted by the 42nd amendment, the scope and amplitude of section 58 of the amendment act and its impact on pending writ petitions, writ .....Tag this Judgment!