Court : Supreme Court of India
Reported in : (2004)187CTR(SC)219; 266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201
..... within the scope of the statute.in this case, we are concerned with the interpretation of two entriesin list i and list ii of the seventh schedule of the constitution of india.the legislative competence in terms of entry 49 list ii is to be consideredin the light of entry 54 list i. in a case of this nature, the court cannotraise a ..... ordinarily thedeclaration contained in section 2 of the act in regard to this requirementas contemplated in entries 52 and 54 of list i of the seventh schedule ofthe constitution of india would not affect the legislative competence ofthe state in relation to raw material.although a liberal construction of a state entry is desirable but atthe same time the court should guard against ..... power upon theparliament to make any law with respect to any matter not enumerated in theconcurrent list or the state list.article 253 of the constitution of india reads thus :- "legislation for giving effect to international agreements notwithstanding anything in the foregoing provisions of this chapter, parliament has power to make any law for the whole or any part of the ..... entries 52, 54and 97 in list i and entries 23, 49, 50 and 66 in list ii of the seventhschedule to the constitution of india as also the extent and purport of theresiduary power of legislation vested in the union of india. cesses on coalbearing land, levied in exercise of the power conferred by statelegislation, have been struck down by a division bench of .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1976Bom13
..... for the petitioners in special civil application no. 2084 of 1974, contended before us that there is no nexus between the emergency declared under article 352 of the constitution of india and the present legislation, and therefore, the petitioners are entitled to challenge the present enactment on the ground that it is violative of the petitioners fundamental right guaranteed under article 19 of ..... pendency of emergency. if this is so, then it is not open for the petitioners to contend during the pendency of emergency that the present legislation violates their fundamental right guaranteed under article 19 of the constitution of india. if this is so, is our opinion , it is not also permissible for the petitioners to avail of the same right obliquely or indirectly ..... gujarat . : 2scr42 has no application to the facts and circumstances of the present case nor it can be said that the present legislation is violative of petitioner's fundamental right guaranteed under art. 31 of the constitution of india.9. it was then contended by shri. manohar that section 25 of the act does not confer any right upon the state government ..... . in view of this in our , opinion, it is not open for the petitioners to challenge e the present legislation on the ground that it is violative of their fundamental right guaranteed under article 19 of the constitution of india. in all fairness to shri manohar, he has not adopted this part of the argument of shri holey.4. on behalf of the .....Tag this Judgment!
Court : Allahabad
Reported in : AIR2003All250
..... the constitution of india, article 164(2) of the constitution of india would not be operational.for the aforesaid reasons we ..... 75(3), it follows as a logical imperative that till the time members of the legislative assembly do not take oath or affirmation under article 188 of the constitution of india, the speaker is not appointed under article 178 of the constitution of india and the legislative assembly is not in a position to transact its business in terms of article 189 of ..... shall hold office during the pleasure of the governor', is subject to the provisions contained in article 164(2) of the constitution of india, which read that 'the council of ministers shall be collectively responsible to the legislative assembly of the state.' petitioner no. 2 strenuously urged that since the council of ministers by virtue of the provisions contained ..... therefore, the submission of the 2nd petitioner that the council of ministers under article 164(1) of the constitution of india was not collectively responsible to legislative assembly under article 164(2) of the constitution of india, was misconceived. learned advocate general also invited our attention to para 10 of the division bench decision of this court reported in air 1971 allahabad .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1997MP223
..... service of society being a member of assembly on retirement he can be granted pension. therefore, it cannot be said that the aforesaid provisions lack the legislative competence. in fact, under article 195 of the 'constitution of india, pension is paid after retirement of an incumbent i.e. in lieu of service rendered to the society.14. learned counsel for petitioner has invited ..... in the proviso to sub-section (1) only after serving actually a period of five years.' article 195 of the constitution of india lays down salaries and allowances of members. article 195 reads as under :'195. members of the legislative assembly and the legislative council of a state shall be entitled to receive such salaries and allowances as may from time to time be ..... to the case of narayanlal himatlal bhatt v. state of gujarat, 1986 (2) guj lr 1240, wherein similar question arose and their lordships with reference to power of parliament to legislate under article 246(3) of the constitution of india, laid down that entry 42 of list ii of seventh schedule cover; the payment of pension and therefore the gujarat ..... of entry 42 of list 11 of seventh schedule read with article 195 of the constitution of india, pension can be provided, article 195 of the constitution, as quoted above, talks about salaries and allowances of members of legislative assembly and the legislative council of a state. article 195 of the constitution is significantly silent on the question of payment of pension to the members of .....Tag this Judgment!
Court : Supreme Court of India
Reported in : JT2004(1)SC63; 2004(1)SCALE211; (2004)2SCC553
..... prevail as the state act was neither kept reserved for the assent of the president of india nor assented to by the president of india. the state act was bad in law and could not be enforced being ultra vires of the constitution of india and beyond the legislative competence of the state legislature.25. on the other hand, mr. vijay hansaria, learned senior counsel ..... of the act being ultra vires and violative of articles 14 and 19(l)(g) of the constitution of india and on the ground of being vague, unfair and arbitrary. it was prayed that the act be struck down being unconstitutional and beyond the legislative powers of the state and/or is inoperative and void in law on the grounds mentioned in the ..... a union of states has union legislature (parliament) and the state legislatures for framing laws. legislative fields in which the union or the state legislatures can frame laws are prescribed in the three lists contained in the seventh schedule to the constitution of india - union list (list i); state list (list ii); and concurrent list (list iii). source of power for enacting laws ..... in the field occupied by the central legislation. law made by the state legislature in the occupied field could not come into operation unless it was reserved for the assent of the president of india and assented by him in terms of article 254(2). it was observed in para 29:'nicholas in his australian constitution, 2nd edn. page 303, refers to three .....Tag this Judgment!
Court : Kerala
Reported in : AIR1992Ker360
..... court in sanjeev coke manufacturing company's case (supra) is that the protective umbrella of article 31c is available to each and everyprinciple contained in chapter iv of the constitution of india. any legislation giving effect to the directive principles of state policy, whether it be article 39(b) or (c) or any other article, should get the protection of article 31c is ..... further submitted that it is not necessary in this case to rely on the protection under article 31c of the constitution of india as the act is a legislation under entries 20,23 and 24 in list iii of the vii schedule of the constitution. for this he referred to the decision in new woodlands hotel v. varkey 1974 klt 867, mangalore ganesh beedi ..... view of thefact that the contribution is demanded for thewelfare of the fishermen community whichincludes the petitioners' employees as well, ifind that the act is a legislation coming underentries 20, 23 and 24 of list iii of the viischedule of the constitution of india, and asa legislation under those entries, the act.isalso not violative any of the rights underarts. 14and 19 of the ..... classification of the petitioners and imposing contribution at varying rates.8. the petitioner challenges the legislative competency of the act with respect to the constitutional entry. petitioner contends that the legislation will have to fall under one or other of the entries in the vii schedule of the constitution of india. of list i of the vii schedule i am not concerned as the act .....Tag this Judgment!
Court : Guwahati
..... preventive detention and replaced by safeguards provided by article 22(4) to (7).29. that unlike in other countries the preventive detention laws are not emergency legislations. they are not war type legislations. the constitution of india confers legislative competence to the parliament as well as state legislatures to pass laws permitting preventive detention. however, the permissible limits of ..... to the detaining authority under section 22(5) shall still available...'. the law relating to preventive detention does not flow from article 22(4) of the constitution, but the legislative competency is conferred under the relevant entries about which we have discussed in detail. that portion of the judgment is not correct and the same is accordingly ..... legislation empowering preventive detention are provided under article 22 of the constitution, which forms an integral part of part iii of the constitution of india. it has to be borne in mind that article 22(4) to (7) of the constitution of india prescribes minimum procedures that must be included in any law ..... general formulated the following two important questions of law, namely -.(i) whether right of the detenue under national security act guaranteed under article 22(5) of the constitution of india has conferred on him the right to file representation to the detaining authority in addition to his right to file representation under section 8(1) of the national .....Tag this Judgment!
Court : Mumbai
Reported in : 1992(2)BomCR1; (1992)94BOMLR110
..... explanation i to entry 25 in schedule i of the act and/or sections 33 and 33-a of the act, are ultra vires the constitutions of india, beyond legislative competence, ex-post facto, unauthorised, unjust and bad in law. the petitioners have also prayed for interim order in terms of prayer (c ..... perverts agreement to sell immovable property into conveyance or deemed conveyance is ultra vires articles 14, 19(1)(e) and 300a of the constitution of india and beyond the legislative competence of the state. it is unjust, colourable and mala fide and therefore, it must be struck down.34. miss ankalesaria appearing ..... of mr. bhandari, how entry 25 in schedule i of the act is ultra vires the constitution of india. it is stamp duty of state and in our opinion the state legislature is competent to legislate in that behalf. explanation i to article 25 is intended to cover such agreements of sale. ..... mr. bhandari then urged that article 25 lives stamp duty on conveyance if it is a concluded transaction. this provision is ultra vires the constitution of india. entry 63 in state list in seventh schedule read with article 246 provides for stamp duty in respect of documents only. the stamp duty ..... been passed whereunder the state government is deprived of a substantial revenue, the division bench presided over by the learned chief justice after hearing the parties constituted this special bench. we, therefore, find no substance in the preliminary objection raised by mr. bhandari. 9. it is not and cannot be .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1997SC718; JT1997(1)SC734; (1997)10SCC700; 1SCR262
..... entered into a supplementary covenant whereby article x of the original covenant was substituted as under:until the commencement of the constitution of india, the legislative authority of the union shall vest in the raj pramukh, who may promulgate ordinances for the peace and good government ..... jind state service regulations stood revived and were law in force on the date of coming into force of the constitution of india and by virtue of article 372 of the constitution the said regulations continued in force thereafter. in this connection, shri gupta has also submitted that the amendment that ..... the municipal courts were not competent to entertain any dispute arising out of the covenant. reliance was also placed on article 363 of the constitution which bars interference by courts in any dispute arising out of certain treaties and covenants. the said contention was rejected by this court on ..... or the payment of reasonable compensation or retirement on proportionate pension. shri gupta has submitted that the covenant was in the nature of constitution for, the newly constituted state of pepsu and the provision contained in article xvi of the covenant was binding on pepsu as well as the successor state, ..... of the trial court was, however, reversed in appeal by the additional district judge iv, rohtak, who held that the age of superannuation constitutes a condition of service and by virtue of clause xvi of the covenant the said condition continued in operation in the state of pepsu and .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2010(1)ALT64
..... the aforesaid four institutes. it is well settled that the rules framed under article 309 of the constitution of india are of legislative character and under rule making power of the government and the said legislative power being not in question in any of these matters, the validity or otherwise of the said ..... conflict with the qualification awarded by the university established under the central act etc. however, in the absence of any challenge to the legislative competence of the state and constitutional validity of g.o.ms. no. 482, dated 9.9.2005 or g.o.ms. no. 281, dated 21.7.1998 ..... as clarified by g.o.ms. no. 482, dated 9.9.2005 that in terms of the powers of the government under article 309 of the constitution of india the specific eligibility and qualification have been prescribed. the word 'only' used in g.o.ms. no. 482, dated 9.9.2005 excludes the ..... ', on which emphasis is supplied, is significant and makes it clear that the government, as a rule making authority under article 309 of the constitution of india, has specified that the diplomas awarded by the said four institutes only are to be considered for eligibility. it is well settled that rule making ..... under the central act and the same having been recognised on par with all other degrees or diplomas awarded by other institutes in india, and relying upon the legislative competence under the union list, the learned counsel contended that the state government had no power to specify a particular qualification which would .....Tag this Judgment!