Court : Orissa
Reported in : 106(2008)CLT511
..... grant-in-aid, the petitioner is entitled in law to the benefits of such decision. reference has been made by opp. party no. 1 to the enactment of orissa fiscal responsibility and budget management act, 2005. while there can be no doubt that the said enactment stipulates that no liability can be created outside the budgetary provision in any financial year without the approval of government ..... further plea has been raised on behalf of the state in the counter affidavit that in view of section 8(6) of the orissa fiscal responsibility and budget management act, 2005, notified on 6.6.2005, no liability can be created outside the budget provision in any financial year without approval of the government in finance department. it is further seen from the counter affidavit that once the ..... the present case at hand both, in facts and law, is covered by the judgment of an earlier division bench of this court in wpc no. 9586 of 2005, disposed of on 28.9.2005 (supra). in the present case, even though the petitioner has categorically pleaded and annexed various documents in order to establish discriminations, no whisper has been made in ..... situated persons who have already received their grant-in-aid under the direct payment scheme and keeping in view the provisions contained in section 7-c of the orissa education act, 1969.6. it further appears that after disposal of the aforesaid writ application, the state government directed the director of higher education opp. party no. 2 to scrutinize the .....Tag this Judgment!
Court : Punjab and Haryana
..... and transparency; iv)while making recommendations, the financial condition of the state, having regard to the provisions of the punjab fiscal responsibilities and budget management act, 2003, be kept in view. to curb non-productive expenditure, the commission shall suggest a cap on expenditure on ..... the nature of an expert body that would undertake the intricate exercise of evaluating the relevant parameters viz. qualifications, mode of recruitment, degree of responsibility, job content etc. while recommending a particular pay scale/higher pay scale for a certain category of employees. however, such recommendations would not ..... 1.1999); 4. joginder singh saini and others v. state of punjab and others, 1998(4) rsj585and 5. ajmer singh v state of haryana, haryana 1995(1) sct307 8. per contra, mr.bs walia, learned additional advocate general, punjab would state that the commission had devised the general ..... accuracy and integrity of this document civil writ petition no.4948 of 2012 /20/ 20/ national finance commission so as to ease the fiscal burden. thirdly, the government by implementing the recommendations of its expenditure reforms commission would contain unproductive expenditure and lastly, the commission seems sanguine ..... recommendations made by a commission and with effect from which date. in state of punjab and others v. amar nath goyal and others, (2005) 6 scc754 754 the hon'ble supreme court upon consideration of a large number of decisions had opined as follows: it is trite that .....Tag this Judgment!
Court : Supreme Court of India
..... considerable strain on the central government finances, especially after the passage of fiscal responsibility and budget management rules (frbmr). the government is now committed to reducing fiscal deficit by 0.3 percentage points of gdp every year and was to reduce the fiscal deficit down to 3 per cent of gdp by the fiscal year 2007-2008.the frbmr also put a restriction on government borrowings. ..... thus serve a greater purpose for humanity.40. the bhakra dam has also been cited as an example in this report as having enabled the states of punjab and haryana to register faster growth as compared to the rest of the country. this project provided an additional irrigated area to the extent of 6.8 million hectares over 35 ..... and also finalized the terms of reference for the purposes of the dprs. action plan i, submitted in april 2003, envisages completion of 30 frs by the authorities by december 2005.32. action plan ii, submitted in april 2004, mainly envisaged the appraisal of individual projects, in respect of their economic viability, socio-economic and environmental impacts, preparation of ..... of the dispute and not all matters incidental thereto. for example, the supreme court can certainly direct the central government to fulfill its statutory obligation under section 4 of the act, which is mandatory, without deciding any water dispute between the states. [see : tamil nadu cauvery neerppasana vilaiporulgal vivasayigal nala urimai padhugappu sangam v. union of india & ors., air .....Tag this Judgment!
Court : Mumbai
Reported in : 2006(3)BomCR705
..... holding licence and covered by the exemption provided under section 33(b) of the amended provisions. the class of establishment covered by section 33(b) are those conducted by responsible persons/management who are conscious of their social commitments and obligations. these are the types of establishment, which have never conducted any activity of the kind that was being conducted at the ..... made the following statement:(1) the government of maharashtra is aware of and sympathetic to the need to rehabilitate bar girls affected by the provisions of the bombay police (amending act) 2005. with a view to ensure their effective rehabilitation and provide them with a dignified alternative vocation, the state government will set up a special dedicated cell to counsel, train ..... . and ors. : (1985)illj444sc . if a reform is introduced it can be done gradually. not including all does not make including some invalid. javed and ors. v. state of haryana : air2003sc3057 . while considering a challenge to the constitutionality of a provision, the courts must bear in mind that there is always a presumption in favour of the constitutionality of an ..... morality or morals. the government considers it expedient to prohibit the holding of such dance performances in eating houses or permit rooms or beer bars. (2) in the last budget session of the state legislature, by way of a calling attention motion, the attention of the government was invited to mushroom growth of illegal dance bars and their ill-effects .....Tag this Judgment!
Court : Jharkhand
Reported in : 2007(2)BLJR1153; [2007(2)JCR180(Jhr)]; (2007)7VST109(Jharkh)
..... promise extended to all of them. from the facts on records it is also amply clear that all the petitioners established their industrial units in response to the abovementioned industrial policy and statutory notifications. therefore, the existence of promise cannot be denied and as a matter of fact has not ..... had identified gopalpur in the state of orissa for establishing such a unit with a capital investment of rs. 1800 crores. however, the management decided to relocate the said unit in jamshedpur within the state of bihar provided benefits of exemption are made available in respect to the ..... motivated device to deprive the petitioners from even enjoying the facility of deferment of tax under section 95(3)(ii) of the jharkhand vat act, 2005.11. resisting the relief claimed by the petitioners, the state has justified and defended its action of withdrawing the notification by the impugned notifications ..... of estoppel does apply and the precedents of this court are clear.in the case of mahabir vegetable oils (p) ltd. v. state of haryana reported in : (2006)3scc620 :25. it is beyond any cavil that the doctrine of promissory estoppel operates even in the legislative field. whereas ..... points that after the enforcement of vat act, exemption cannot be continued. except this, nothing has been stated in the counter affidavit. however, in the written submissions filed on conclusion of the arguments mr. modi has referred to continued fiscal deficit in the budget of the state government and has also .....Tag this Judgment!
Court : Supreme Court of India
..... be given timely with the entire process being transparent so that there is no allegation of corruption.7. in response, the union of india submits that under section 46 of the disaster management act, 2005, the central government has constituted a national disaster response fund (ndrf) for meeting any threatening disaster situation or disaster. this is exclusively for the purposes of ..... supply of dal/lentil and edible oils. however, the state governments are at liberty to distribute additional items out of their own resources. in fact, andhra pradesh, chhattisgarh, haryana, karnataka and telangana are distributing dal/lentil or edible oils to sections of society while chhattisgarh is distributing chana (gram) in scheduled areas.7. with regard to the ..... guidelines. discussion and conclusions 19. it is quite apparent from the submissions made and the reliefs claimed that essentially the concerns raised pertain to policy, whether economic and fiscal policy or policy impacting on drought effected persons. we are certainly not equipped to commend the view expressed by the petitioner or the view expressed by the state ..... is penniless. otherwise, a profligate statutory body or pachydermic governmental agency may legally defy duties under the law by urging in self- defence a self-created bankruptcy or perverted expenditure budget. that cannot be. 25. similarly, in khatri (ii) v. state of bihar. this court referred to a constitutional obligation (as against a statutory obligation) of .....Tag this Judgment!
Court : Supreme Court of India
..... , ensuring measure by various wings of government for prevention and mitigating affects of disasters and for undertaking a holistic, coordinated and prompt response to any disaster situation. 88. the parliament enacted the disaster management act, 2005 (dm act), following that, the national disaster management authority (ndma) was constituted with the prime minister as the chairperson. similar authorities have been created in various states with their chief ..... ministers as the chairpersons. ndma has assumed the responsibility of strengthening the existing nuclear/radiological emergency management framework by involving all stake holders in a holistic ..... marginal. the department of public enterprises (dpe), recently, issued a comprehensive guidelines on csr for central public sector enterprises, which includes npcil, to create, through the board resolution, a csr budget as a specific percentage of net profit of the previous year. csr is envisaged as a commitment to meet its social obligations by playing an active role to improve the .....Tag this Judgment!
Court : Supreme Court of India
..... , ensuring measure by various wings of government for prevention and mitigating affects of disasters and for undertaking a holistic, coordinated and prompt response to any disaster situation.88. the parliament enacted the disaster management act, 2005 (dm act), following that, the national disaster management authority (ndma) was constituted with the prime minister as the chairperson. similar authorities have been created in various states with their chief ..... ministers as the chairpersons. ndma has assumed the responsibility of strengthening the existing nuclear/radiological emergency management framework by involving all stake holders in a holistic ..... marginal. the department of public enterprises (dpe), recently, issued a comprehensive guidelines on csr for central public sector enterprises, which includes npcil, to create, through the board resolution, a csr budget as a specific percentage of net profit of the previous year. csr is envisaged as a commitment to meet its social obligations by playing an active role to improve the .....Tag this Judgment!
Court : Kolkata
..... permissible invocation of this jurisdiction. the bank insists that it is privately managed and is neither a state nor an article 12 authority by its constitution; nor does it discharge any public duty. the appearing respondents refer to section 18 of the credit information companies (regulation) act, 2005 that provides for statutory arbitration. the banks also contend that in the ..... , ...' 5.1 need for ensuring accuracy rbi/cibil disseminate information on non-suit filed and suit filed accounts respectively, as reported to them by the banks/fis and responsibility for reporting correct information and also accuracy of facts and figures rests with the concerned banks and financial institutions. therefore, banks and financial institutions should take immediate steps to ..... caesar to caesar's wife which has always been frowned upon. they bring a judgment reported at : (1985) 3 scc 267 (ram and shyam company v. state of haryana) where, in the a discussion on the efficacy of the alternative remedy cited, the supreme court observed since the impugned decision was effectively taken by the chief minister of the ..... private banking company there is no participation or interference of the state or its authorities. the statutes have been framed regulating the financial and commercial activities so that the fiscal equilibrium may be kept maintained and not get disturbed by the malfunctioning of such companies or institutions involved in the business of banking. these are all regulatory measures for .....Tag this Judgment!
Court : Mumbai
Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)
..... the sanctioned bifr scheme and both the orders of supreme court dated 11th may, 2005 and 27th september, 2002.278. in this context, it is relevant to note that in the year 1983, the textile undertakings (taking over of management) act 1983 was passed. the preamble of this act very clearly states that a further investment of a very large sums of money ..... case illustrate the classic struggle between those members of the public who would preserve our rivers, forests, parks and open lands in their pristine purity and those charged with administrative responsibilities who, under the pressures of the changing needs of an increasingly complex society, find it necessary to encroach to some extent upon open lands hitherto before considered inviolative to ..... by this court, then the said interpretation should be given prospective application, applying the principle of 'doctrine of prospective overruling'. dr. singhvi in that behalf relied upon harsh dhingra v. haryana - : air2001sc3795 to contend that even the high court can apply the above doctrine under article 226 of the constitution of india.282. we are afraid, that the hon'ble ..... in court stated that mcgm does not even have a single officer with the qualifications in 'town planning' though mcgm is the 'planning authority' under the mrtp act, with an annual budget of over 7500 crores. mcgm prepares draft development plan.288. hence, we direct the respondent no. 1 - state of maharashtra to take immediate remedial measures with regard to all .....Tag this Judgment!