Court : Rajasthan
Reported in : RLW2009(4)Raj3162
..... applying the amended definition of the word 'conveyance' and by retrospectively applying the notification issued by the state government?7. article 225 of the constitution of india clearly states that 'no tax liability shall be levied or collected except by an authority of law'. therefore, before a tax, in the ..... by the high court in 1999.fourthly, relying on the case of mathuram agrawal v. state of m.p. : air2000sc109 , a constitutional bench decision, the learned counsel has contended that before a lax liability can be imposed three criteria need to be specified; a) subject of the tax needs ..... in the absence of these three factors tax cannot be levied. for, unless and until these three criteria are specifically prescribed, the liability to pay a tax remain in the realm of uncertainty. the rule of law demands and dictates that there should be certainty in law ..... shape of a fee or duty, can be levied and collected has to be backed by an authority of law. in the case of mathuram agrawal (supra) the apex court has clearly observed that there is no tax liability ..... caution. moreover, the learned collector has ignored the fact that an amendment which adversely affects the rights of the people or imposes a liability upon them cannot be given a retrospective effect. furthermore, he has ignored the fact that there is not an iota of evidence to .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1997Bom79; (1996)98BOMLR915
..... . the government of a state may sue or be sued by the name of the stale. the contractual obligations of the ..... on the part of the government to do so but a reprehensible conduct. the state is a legal entity having a personality of its own, quite different and distinct from the political party in power or the persons in office. the contractual liability of the state under the constitution of india is the same as that of an individual under the ordinary law of contract ..... -guarantee were also challenged as being violative of the provisions of arts. 292 and 293 of the constitution of india. when the above petition came up for admission, preliminary objection was raised on behalf of the respondents including the state of maharashtra and the union of india on the ground that it was barred by res judicata in view of the decision of this ..... /operates generating station/stations or in any other state it is carrying on its activities or with any other person with the consent ofthe competent government. the method of fixing the tariff for the sale of electricity was also set out therein. on the very same day, by another resolution, the government of india constituted a high level board for considering promotion of .....Tag this Judgment!
Court : Kolkata
Reported in : AIR1953Cal1
..... can claim no immunity from suits.41. the civil procedure code of the country also provides and recognises such right of suits against the state.42. that is the statutory and constitutional position in india on state's liability to be sued in its own courts.43. reference in this connection to the english and the american law may be misleading and in my view is. but ..... without the consent of state and which consent is withdrawable by the state pending trial, applies to india, the law in india has been and as i conceive it is more rational and progressive. in india, the constitution records the consent of the state to be sued. historically and under the constitution, that is how i read the law in india on the liability of the state to be sued in ..... on a review of the historic background of the development of law in india on this particular point, and on an examination of the provisions of the constitution of india and upon a scrutiny of the indian railways act i draw certain conclusions. first, the state in india claims no exemption from liability to be sued in its own courts when the cause of action arises ..... authorities on this point.38. an examination of the constitutional provisions and other statutory provisions relating to the state's liability to be sued in its own courts will at this stage be also relevant for determining the issue before me.39. article 300 of the constitution of india expressly provides that 'the government of india may sue or be sued by the name of the .....Tag this Judgment!
Court : Kerala
Reported in : AIR1978Ker43
..... the sovereign has been held liable to be sued in tort or in contract, and the common law immunity never operated in india.'19. all powers vested in the state are derived from the constitution or the relevant statute. under the constitution, there is no scope for immunity based on any prerogative or arbitrary right. any such right is alien to our system. ..... is not the dividing line between jurisdiction and immunity. as stated earlier, apart from constitutional or statutory provisions granting certain immunities or exemptions or privileges to the state or its instrumentalities, and with the exception of matters arising from war damage, the state, in relation to its citizens, has no immunity from liability or from the jurisdiction of its courts.21. in the ..... think it necessary to consider whether there is any rational dividing line between the so-called sovereign and proprietary or commercial functions for determining the liability of the state.'12. although in kasturilal ralia ram jain v. state of uttar pradesh (1965) 1 scr 375 : (air 1965 sc 1039), the supreme court felt that the distinction between acts which are referable ..... employed by a private individual for the same purpose. this distinction which is clear and precise in law, is sometimes not borne in mind in discussing questions of the state's liability arising from tortious acts committed by public servants. that is why the clarity and precision with which this distinction was emphasised by chief justice peacock* as early as .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1960MP330; 43ITR184(MP)
..... obligations unless it was prepared to repudiate them and commit a deliberate breach of faith. a provision in the constitution of india for the affirmation of the rights, liabilities and obligations of the indian states has, therefore, full justification in the history of the indian states in the period between the passing of the indian independence act and the inauguration of the republic.16. from ..... of a provision for the first time for the devolution of obligations of indian states and said that the object of the said provision was inter alia to respect the rights, liabilities, and obligations of the indian states accepting from 26-1-1950 the constitution of india as the constitution for their states and becoming a part of the indian republic.the learned advocate-general, however, sought ..... date of its commencement supersede and abrogate all other constitutional provisions inconsistent therewith which were then in force in the state. the constitution of india came into force on 26-1-1950. article 295(1)(b) of the constitution of india, which provides for the succession to property, assets, rights, liabilities and obligations of an indian state corresponding to a state specified in part b of the first schedule .....Tag this Judgment!
Court : Rajasthan
Reported in : AIR1960Raj256
..... united state of rajasthan from the date of its formation ..... they have supported the view taken by modi j. about the interpretation o article 295 of the constitution of india. on the other hand, the learned advocates for the plaintiffs have urged that the obligations and liabilities of the former dholpur state had devolved on the united state of rajasthan, that both the learned judges were not correct in holding that the united ..... privileges of the rulers on the one hand and the rights and liabilities of the states on the other (vide arts. 291, 361, 362 and 363 of the constitution).under article 366 'indian state' is defined as 'any (territory which the government of the dominion of india recognised as such a state', and 'ruler' a person by whom any such covenant or agreement ..... this clause when applied to the part b state of rajasthan would mean that from the commencement of the constitution of india it became the successor of the united state of rajasthan including those states of which it was constituted.this did not mean that part b state became successor only of that property, assets and those rights, liabilities and obligations which were acquired by the .....Tag this Judgment!
Court : Patna
..... is carrying on the trade and business in the grab of a company and, therefore, the ultimate liability rests with it. he submitted that article 298 of the constitution of india envisages and permits the union and the states to carry on trade or business, acquire, hold and dispose of property and make contracts for any purpose. the only rider is that in ..... ') employees. in none of the subsequent cases so far, the supreme court has gone to the extent of holding that the state is responsible for the liability of the incorporated companies. the horizons of the administrative law and constitutional law are expanding. by virtue of the judgments of the supreme court the matters and objects which earlier lay beyond the scope of ..... posts. -and although they are not entitled to the protection envisaged under article 311 of the constitution, they are entitled to the protection of the provisions of part iii and part iv of the constitution. the state being the principal employer can not disown the liability of it agency or instrumentality created by it. counsel took pains to refer to different provisions of ..... was statutorily taken over under burma shell (acquisition of undertakings in india) act, 1976 and was vested in bharat petroleum under the companies act on 1st august, 1977. while considering the question as to whether bharat petroleum corporation falls within the ambit of the 'state' under article 12 of the constitution the supreme court held that there was no distinction between the .....Tag this Judgment!
Court : Madhya Pradesh
Reported in : AIR1961MP316
..... east india company. the question in every case therefore narrows ..... of the liability of the state government for torts committed by their servants. section 65 of the government of india act, 1858, section 32 of the government of india act, 1915, section 176 of the government of india act, 1935 and article 300 of the constitution of india, read together, lead to the position that the liability of the secretary of state was the same as the liability of the ..... down to whether an action of the character could be brought against the east india company prior to 1858.11 ..... the sub-divisional officer in the present case was not an 'act of state'.14. the question of the liability of the state has been summed up in paragraph 19 of the decision in sewkissendas v. dominion of india (s) air 1957 cal 617 which is as follows:-'the state's liability to be sued for its own acts or acts of its officers or subordinates .....Tag this Judgment!
Court : Karnataka
Reported in : 2009(2)KarLJ400
..... in respect of very consumption and therefore the liability has been made; that it is well within the legislative competence of the state government in terms of entry-53 of list-ii of the seventh schedule to the constitution of india and the levy being only on persons like ..... answers the test of reasonable classification for the purpose of meeting the requirement of equal opportunity envisaged under article 14 of the constitution of india, and therefore i do not find any unconstitutionality in the impugned provision.54. that still leaves the question of the levy being ..... answering the test of reasonableness which meets the test of article 14 of the constitution of india. in this regard, learned government advocate would place reliance on the decision of the supreme court in the case of state of andhra pradesh v. national thermal power corporation ltd. : 3scr278 ..... .14. in so far as this submission is concerned, learned counsel for the petitioners submit it is well supported by the authoritative decisions of the supreme court rendered in a series of cases viz., state of mysore v. west coast paper ..... state government to levy any tax at the manufacturing stage i.e. at the point of generation of electricity whether it is called by the name 'electricity tax' or otherwise; that such levies are within the exclusive province of the parliament referable to the specific entry-84 in list-i of the seventh schedule to the constitution of india .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : 2000(6)ALD17; 2000(5)ALT726
..... damaged. government granted various benefits including grant of ex-gratia. but, however, a petition was filed under article 226 of the constitution of india for claiming compensation. the writ was filed on the principle ground that the state government and its officers or the central government that on account of large scale lootings, the petitioner suffered heavy damages on account ..... the claim in public law for compensation for unconstitutional deprivation of fundamental right to life and liberty, the protection of which is guaranteed under the constitution, is a claim based on strict liability and is in addition to the claim available in private law for damages for tortuous acts of the public servants. public law proceedings serve a ..... violations as are actionable and result in damage, loss or injury. what is fundamental is injury and not the manner in which it has been caused. 'strict liability', 'absolute liability', 'fault liability', and 'neighbour proximity' are all refinements and development of law by english courtsfor the benefit of society and the common man. once the occasion for loss or ..... for compensation for contravention of human rights andfundamental freedoms, the protection of which is guaranteed in the constitution is an acknowledged remedy for enforcement and protection of such rights, and such a claim based on strict liability made by resorting to a constitutional remedy provided for the enforcement of a fundamental right is distinct from, and in addition to, .....Tag this Judgment!