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Judgment Search Results Home > Cases Phrase: the jharkhand fiscal responsibility and budget management amendment act 2010 Page 1 of about 17 results (0.027 seconds)

Sep 21 2012 (HC)

Brij Kishore Verma Vs. State of Uttar Pradesh

Court : Allahabad

..... such other periodical returns, as the cabinet or the chief minister may from time to time require. (10) responsibility of departmental secretaries-- in each department, the secretary (which term includes a special secretary or joint secretary, if ..... discretionary decisions. more specifically, they include the execution of law and policy, the maintenance of public order, the management of crown property and nationalised industries and services, the direction of foreign policy, the conduct of military operations, ..... resorts ltd.; air 1957 sc 676: kamla prasad khetan vs. union of india; (2011) 2 scc 591: state of jharkhand. vs. pakur jagran manch; air 1976 delhi 166: jai narain. vs. the land acquisition collector and 2002 5 awc 4321 ..... the constitutional provisions must be followed. these constitutional provisions relating to financial matters have been made to ensure strict fiscal discipline and accountability. in our opinion, a district, cannot be created by a simple executive fiat at ..... lump sum allotments regarding any scheme, unless the proposal has been considered by the cabinet in connection with the budget or supplementary or additional demands. also proposals for making assignments out of such lump sum allotment." 55. ..... act read with section 21 of the general clauses act (supra). now, by the impugned notification dated 1.7.2010, the subsequent notification dated 13.1.2003 has been annulled under the garb of section 21 of general clauses act. the government has got ample power to amend .....

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Apr 19 2012 (SC)

Brij Mohan Lal Vs. Union of India and ors.

Court : Supreme Court of India

..... amended the provisions of the negotiable instruments act, 1881, inserting chapter xvii (section 138to section 142) by the amending act 66 of 1988. again, vide the amending act 55 of 2002, the punishment prescribed under section 138 of that act was amended ..... contact with the litigant during the day-to-day proceedings in the court. on him lies the responsibility to build a solemn atmosphere in the dispensation of justice.the personality, knowledge, judicial restraint, ..... was found to be satisfactory. besides these two aspects, the directions also dealt with the management of ftcs, timely and appropriate utilization of funds and monitoring of smooth functioning of the ..... of punjab. besides these rules, some of the states like, andhra pradesh, gujarat, orissa and jharkhand had enacted separate sets of rules for appointment as ad hoc judges under the ftc scheme or ..... judiciary was found to be in adequate to meet the reasonable needs of the court for the fiscal year. thus, the court, while reducing the amount originally ordered by judge montgomery, nevertheless ..... funds for the ftc scheme. articles 112, 264, 280and 281 of the constitution detail the budgeting provisions and presentation of annual financial statements before the parliament. thus, it will not be appropriate ..... whose writ petitions were originally dismissed by the gujarat high court vide its judgment dated 11th august, 2010]and those whose petitions were subsequently dismissed vide judgment dated 21stjune, 2011, have challenged the same .....

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Nov 11 2016 (SC)

Jindal Stainless Ltd. and Anr. Vs. State of Haryana and Ors.

Court : Supreme Court of India

..... no government can raise tax which would cause public inconvenience. in this context, sovereignty is no more endless power, rather it is responsibility. a responsible government in a democracy should always strive to keep taxes as low as possible, so that no heavy burden is placed on the individuals ..... patna high court upheld the act 1993 but jharkhand high court has struck down the enactment. one of the grounds taken by jharkhand is that for amendments made by the state of jharkhand in the 1993 act, no presidential sanction was obtained. he submits that for carrying out the amendments, no presidential sanction was required ..... tariff wall theory actually breaks down and is not amenable to judicially manageable dimensions. what may sound a high tariff wall or a fiscal barrier to one may not be so to the other. what may constitute a fiscal wall or barrier for one category of traders may not be so ..... tax were raised and in some cases a surcharge was levied. the amount so collected was not sufficient to bridge the gap in municipal budget. to further augment the finances for compensating the municipalities, additional fund was sought to be generated by levy of tax under the impugned legislation ..... has been constituted on a reference made by a constitution bench of this court in jindal stainless ltd & another vs. state of haryana & other, 2010 (4) scc595 expressing doubts on correctness of constitution bench judgment in atiabari tea co. ltd, 1961 (1) scr809and 7 judges bench judgment in automobile .....

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Oct 09 2013 (HC)

Delhi High Court Bar Association and anr Vs. Govt of Nct of Delhi and ...

Court : Delhi

..... the charges.375. at the very outset, the respondent submitted that the impugned amendment act of 2012 does not violate any fundamental right. in response to the petitioner s assertion that certain parts of the amendment act violate articles 14 and 21, the respondents submitted that the court is not required ..... ?the state s anxious concern for trial efficiency is misplaced. courts of inherent jurisdiction are equipped with all the tools they need to manage trials and to deter time wasting, and they use them. it is an incursion upon judicial independence for the government to purport to influence ..... article 14, it is well recognized that the state enjoys the widest latitude where measures of economic regulation are concerned. these measures for fiscal and economic regulation involve an evaluation of diverse and quite often conflicting economic criteria and adjustment and balancing of various conflicting social and economic ..... before us.171. in support of this submission, reliance is placed on the pronouncement of the jharkhand high court reported at 2012 law suit (jhar) 482, kiran manjhi v. state of jharkhand & ors., state of jharkhand & ors. v. sur singh hasda. in this case, the court had observed thus:?9 ..... i.e., judiciary. this is revealed from the following figures: yearwise percentage allocation of budget to judiciary and few other major departments in each state (as available) for the years 2006-09 to 2010-11 delhi sl. no.year judiciary social welfare health education 1 2006-07 1.08 .....

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Oct 09 2013 (HC)

Delhi High Court Bar Association and anr. Vs. Govt. of Nct of Delhi an ...

Court : Delhi

..... the charges.375. at the very outset, the respondent submitted that the impugned amendment act of 2012 does not violate any fundamental right. in response to the petitioner s assertion that certain parts of the amendment act violate articles 14 and 21, the respondents submitted that the court is not required ..... ?the state s anxious concern for trial efficiency is misplaced. courts of inherent jurisdiction are equipped with all the tools they need to manage trials and to deter time wasting, and they use them. it is an incursion upon judicial independence for the government to purport to influence ..... article 14, it is well recognized that the state enjoys the widest latitude where measures of economic regulation are concerned. these measures for fiscal and economic regulation involve an evaluation of diverse and quite often conflicting economic criteria and adjustment and balancing of various conflicting social and economic ..... before us.171. in support of this submission, reliance is placed on the pronouncement of the jharkhand high court reported at 2012 law suit (jhar) 482, kiran manjhi v. state of jharkhand & ors., state of jharkhand & ors. v. sur singh hasda. in this case, the court had observed thus:?9 ..... i.e., judiciary. this is revealed from the following figures: yearwise percentage allocation of budget to judiciary and few other major departments in each state (as available) for the years 2006-09 to 2010-11 delhi sl. no.year judiciary social welfare health education 1 2006-07 1.08 .....

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May 10 2019 (SC)

The State of Bihar Vs. The Bihar Secondary Teachers Struggle Committee ...

Court : Supreme Court of India

..... bihar and ors. vs. the bihar secondary teachers struggle committee, munger & ors.8. by the constitution (86th amendment act, 2002) which came into effect on 01.04.2010, article 21a dealing with right to education was inserted in the constitution. said article 21a reads as under:- 21a. ..... setting of question papers, moderating, evaluating the answer sheets etc., at par with the regular teachers on equal remuneration. viii) responsibility of acting principals in substantial number of the secondary and higher secondary schools are performed by these niyojit teachers. kindly see list of secondary ..... physical education; (xi) strengthening of teacher education and training; (xii) monitoring; and (xiii) programme management.28. the budget for all the three schemes is being merged into a single budget provision. this will be the central share to be provided to the states and uts with the existing fund ..... andhra pradesh arunachal pradesh assam bihar chandigarh chhattisgarh d & n haveli daman & diu delhi goa gujarat haryana hp jammu & kashmir jharkhand karnataka kerala lakshadweep madhya pradesh maharashtra manipur meghalaya mizoram nagaland odisha tentative requirement of additional salary funding 4.87 57.82 183.16 ..... provision of the state government and if the prayer of the petitioner of these bunch of writ applications would be allowed, the fiscal condition of the state would get adversely affected and further, it would also affect all other duties and functions including welfare programme .....

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Sep 26 2018 (SC)

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

..... or decree of the supreme court. 73. relying on section 6(2), which was introduced by way of the amendment act, 2002 (act 14 of 2002) that came into force from 6-8-2002, it is submitted by mr rohatgi that the jurisdiction ..... the country.440 monitoring the actions of so many entities is not a task easily done. responsibility has also been placed on uidai to manage and secure the central database of identity information of individuals. uidai is also required to ensure ..... of verification would be unique identification (uid) card as means of verification. architecture of the aadhaar project and the aadhaar act: (2010) 5 sc318(2010) 13 scc45(2013) 2 scc7053 4 5 writ petition (civil) no.494 of 2012 & c onnected matters page ..... , with over a billion aadhaar cards being distributed, some states report authentication failures: estimates include 49 percent failure rates for jharkhand, 6 percent for gujarat, 5 percent for krishna district in andhra pradesh and 37 percent for rajasthan. failure to identify ..... pan cards which are used for the purpose of tax evasion will be eliminated and is one of the many fiscal measures to eliminate black money from the system. 386 375. the binoy viswam has referred to other relevant rationals ..... grains and other essential commodities did not reach the beneficiaries due to their diversion in the open market. a report titled budget briefs: targeted public (b) distribution system (tpds), goi20112012 prepared by avani kapur and anirvan chowdhury and published by the .....

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Feb 06 2015 (HC)

Nilam Katara Vs. State Govt. of Nct of Delhi and Ors.

Court : Delhi

..... . (ix) sentencing procedure and pre-sentencing hearing-nature of 265. what is the procedure to be followed by a judge post returning a finding of guilt?. by the amendment act 26 of 1955, a significant statutory change effected was the introduction of section 235(2) which provided that if the accused is convicted and the judge did not propose to ..... 11 which are very relevant and are extracted below: (deepika case [(2009) 6 mlj1005 , mlj p. 1008) ?11. the role of a housewife includes managing budgets, coordinating activities, balancing accounts, helping children with education, managing help at home, nursing care, etc. one formula that has been arrived at determines the value of the housewife as, value of housewife = husband's income ..... as under:?53. the analytical tangle relating to sentencing procedure deserves some attention here. sentencing procedure deserves an articulate and judicial administration. in this regard, all courts are equally responsible. sentencing process should be so complied with, that enough information is generated to objectively inform the selection of penalty. the selection of penalty must not require a judge to ..... 2013) 10 scc421 deepak rai v. state of bihar; air2011sc3690 ajitsingh harnamsingh gujral v. state of maharashtra; (2010) 9 scc1 atbir v. government (n.c.t. of delhi) as well as; 2014 scc online sc844 mofil khan & anr. v. state of jharkhand wherein the view which was taken in mahesh dhanaji shinde has been followed.70. in a recent pronouncement dated .....

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Feb 06 2015 (HC)

State Vs. Vikas Yadav and Anr.

Court : Delhi

..... . (ix) sentencing procedure and pre-sentencing hearing-nature of 265. what is the procedure to be followed by a judge post returning a finding of guilt?. by the amendment act 26 of 1955, a significant statutory change effected was the introduction of section 235(2) which provided that if the accused is convicted and the judge did not propose to ..... 11 which are very relevant and are extracted below: (deepika case [(2009) 6 mlj1005 , mlj p. 1008) ?11. the role of a housewife includes managing budgets, coordinating activities, balancing accounts, helping children with education, managing help at home, nursing care, etc. one formula that has been arrived at determines the value of the housewife as, value of housewife = husband's income ..... as under:?53. the analytical tangle relating to sentencing procedure deserves some attention here. sentencing procedure deserves an articulate and judicial administration. in this regard, all courts are equally responsible. sentencing process should be so complied with, that enough information is generated to objectively inform the selection of penalty. the selection of penalty must not require a judge to ..... 2013) 10 scc421 deepak rai v. state of bihar; air2011sc3690 ajitsingh harnamsingh gujral v. state of maharashtra; (2010) 9 scc1 atbir v. government (n.c.t. of delhi) as well as; 2014 scc online sc844 mofil khan & anr. v. state of jharkhand wherein the view which was taken in mahesh dhanaji shinde has been followed.70. in a recent pronouncement dated .....

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Feb 06 2015 (HC)

Vishal Yadav Vs. State Govt. of Up

Court : Delhi

..... . (ix) sentencing procedure and pre-sentencing hearing-nature of 265. what is the procedure to be followed by a judge post returning a finding of guilt?. by the amendment act 26 of 1955, a significant statutory change effected was the introduction of section 235(2) which provided that if the accused is convicted and the judge did not propose to ..... 11 which are very relevant and are extracted below: (deepika case [(2009) 6 mlj1005 , mlj p. 1008) ?11. the role of a housewife includes managing budgets, coordinating activities, balancing accounts, helping children with education, managing help at home, nursing care, etc. one formula that has been arrived at determines the value of the housewife as, value of housewife = husband's income ..... as under:?53. the analytical tangle relating to sentencing procedure deserves some attention here. sentencing procedure deserves an articulate and judicial administration. in this regard, all courts are equally responsible. sentencing process should be so complied with, that enough information is generated to objectively inform the selection of penalty. the selection of penalty must not require a judge to ..... 2013) 10 scc421 deepak rai v. state of bihar; air2011sc3690 ajitsingh harnamsingh gujral v. state of maharashtra; (2010) 9 scc1 atbir v. government (n.c.t. of delhi) as well as; 2014 scc online sc844 mofil khan & anr. v. state of jharkhand wherein the view which was taken in mahesh dhanaji shinde has been followed.70. in a recent pronouncement dated .....

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