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Judgment Search Results Home > Cases Phrase: the punjab mechanical vehicles bridge tolls repeal act 1976 Page 1 of about 83 results (0.045 seconds)

Oct 11 1977 (SC)

The State of Karnataka and anr. Vs. Shri Ranganatha Reddy and anr.

Court : Supreme Court of India

Reported in : AIR1978SC215; (1977)4SCC471; [1978]1SCR641

..... of list i of the seventh schedule to the constitution, namely, inter-state trade and commerce and not entry 35 of list iii, namely, mechanically propelled vehicles. this court following the principle laid down in the case of narayanappa v. state of mysore : [1960]3scr742 . reversed the view of the ..... and prosperity of the community by which it is established', wrote u.s. chief justice taney, 140 years ago in charles river bridge v. warren bridge and we, in a republic with an irrevocable tryst to give social justice in the midst of poverty, cannot diminish the power to ..... expressed the view in the case of m/s. bundelkhand motor transport company, nowgaon v. behari lal chaurasia and anr. : [1966]1scr485 . followed in punjab sikh regular motor service, modhapara v. the regional transport authority, raipur and anr. : [1966]2scr221 . (that permits granted by one regional authority and ..... appeal no. 1985 of 1976 arising out of writ petition no. 817 of 1976. the corporation published in the karnataka gazette dated may 16, 1974 a draft scheme for nationalisation of contract carriages in the state under chapter iv-a of the motor vehicles act, 1939 (central act 4 of 1939). objections ..... 12th march, 1976. the operation of the act was, however, made retrospective from the 30th january, 1976-the day when the ordinance had been promulgated and come into force. the ordinance was repealed by section 31 of the act and the saving clause in sub-section (2) says:notwithstanding such repeal -(i) anything .....

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Jan 15 2004 (SC)

The State of West Bengal Vs. Kesoram Industries Ltd. and ors.

Court : Supreme Court of India

Reported in : (2004)187CTR(SC)219; [2004]266ITR721(SC); JT2004(1)SC375; 2004(1)SCALE425; (2004)10SCC201

..... purpose which they seek to achieve."in attorney general for india v. amratlal prajivandas, the smugglersand foreign exchange manipulators (forfeiture of property) act, 1976(safema) made by parliament was challenged inter alia as lackinglegislative competence. the constitution bench of nine judges relying onunion of india v. ..... of taxation is afar more complex exercise and therefore the legislature has to be givenmuch more flexibility in the latter field. the mechanism and method chosenby legislature for quantification of tax is not decisive of the nature oftax though it may constitute one relevant factor out ..... information relating thereto as may be specified in theorder;(b) for such other matters, including in particular the entering and searchof premises, vehicles, vessels and aircraft, the seizure by a personauthorized to make such search, of tea or tea waste in respect of whichsuch person ..... of the state is taken over by the parliament and once thefield of legislation is taken over; (unless the act is repealed or suitablyamended by a parliamentary act itself), the state will have no jurisdictionto legislate in relation thereto.tea industry is probably the only industry which ..... alonewill have legislative competence therefore.case laws re: legislative competence :observation made by this court in s.r. choudhuri v. state of punjab,in this regard/ is apposite: "constitutional provisions are required to be understood and interpreted with an object-oriented approach. a constitution must .....

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May 07 1999 (SC)

M/S. B.R. Enterprises Vs. State of U.P. and ors.

Court : Supreme Court of India

Reported in : AIR1999SC1867; JT1999(3)SC431; 1999(3)SCALE171; [1999]2SCR1111

..... prizes by lot or chance. at p. 71 : ...it must not been entirely forgotten in the construction of these acts parliament [see now the lotteries and amusements act, 1976] that the evil which the lottery law has sought to prevent was the evil which existed where poor people with ..... goods or commodities by barter or by buying and selling for money; (2) in that of a business occupation generally; (3) in that of a mechanical employment, in contradistinction to the learned professions, agriculture, or the liberal arts. people v. polar vent of america, inc. 10 misc. 2d 378, ..... sanctioned lotteries were common throughout america. lacking a strong central government and burdened with a weak tax base, early americans viewed lotteries as legitimate vehicles for raising revenue. lottery proceeds were used to build cities, establish universities, and even to help finance the revolutionary war. they were gradually ..... sahib shri bhim singhji v. union of india & ors : air1981sc234 ; philips india ltd. v. labour court, madras and ors. : (1985)iillj33sc and state of punjab v. kailash nath : 1989crilj813 . reference was also made to the case of registrar, trivandrum v. k. kunjambu : [1980]2scr260 , to support the submission that guidelines ..... on behalf of the union that such activities cannot be said to come within the purview of free trade, commerce and intercourse.32. to repeal and withstand the storm of submissions by one set of parties, as aforesaid, the submission on behalf of the union of india by mr. .....

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May 07 1999 (SC)

B.R. Enterprises Vs. State of U.P. and ors.

Court : Supreme Court of India

Reported in : (2000)1GLR242; (1999)9SCC700; [2000]120STC302(SC)

..... by lot or chance.at page 71 :.it must not be entirely forgotten in the construction of these acts of parliament [see now the lotteries and amusements act, 1976] that the evil which the lottery law has sought to prevent was the evil which existed where poor ..... commodities by barter or by buying and selling for money; (2) in that of a business occupation generally; (3) in that of a mechanical employment, in contradistinction to the learned professions, agriculture, or the liberal arts. people v. polar vent of america inc. 10 mi 2d 378, ..... lotteries were common throughout america. lacking a strong central government and burdened with a weak tax base, early americans viewed lotteries as legitimate vehicles for raising revenue. lottery proceeds were used to build cities, establish universities, and even to help finance the revolutionary war. they were ..... 1991)illj395sc , maharao sahib shri bhim singhji v. union of india : air1981sc234 , philips india ltd. v. labour court, madras : (1985)iillj33sc , state of punjab v. kailash nath : 1989crilj813 ; all india federation of tax practitioners v. union of india : [1997]228itr68(bom) . reference was also made to the case ..... capital territory of delhi pursuant to the power conferred under section 5. during the pendency, the parliament enacted the lotteries (regulation) act 17 of 1998 repealing/ substituting the earlier lotteries (regulation) ordinance of 1997. thereafter, various state governments including the state of arunachal pradesh and nagaland .....

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Nov 20 2003 (SC)

State of Punjab and anr. Vs. Devans Modern Brewaries Ltd. and anr.

Court : Supreme Court of India

Reported in : JT2003(10)SC485; 2003(10)SCALE202; (2004)11SCC26

..... statute.190. we may notice that such monopoly has also been held to be permissible in terms of the provision of motor vehicles act, 1988.191. in state of tamil nadu and ors. v. sanjeetha trading co. and ors. : air1993sc237 , a ..... extra commercial having regard to the obnoxious nature of trade but in subsequent decisions the said principle had been extended mechanically to trade of liquor without tracing the history as to whether indian made foreign liquor (imfl) or the other expensive ..... cannot be in violation of an express provision contained in a statute. by reason of provisions of the abkari act or the punjab act, no power has been conferred upon the state to impose any import fee over and above the excise duty ..... in the following terms:'section 1. the eighteenth article of amendment to the constitution of the united states is hereby repealed.section 2. the transportation or importation into any state, territory, or possession of the united states for delivery or ..... effect on interstate commerce and was a proper object for congressional attention.in national league of cities v. usery (1976), the court struck down legislation based on the commerce clause for the first time in forty years when it held ..... statutory basis. accordingly, section 297 of the government of india act, 1935 prohibited provincial governments from imposing barriers on trade within the country. they also could not levy tax, cess, toll or other due which discriminated between goods manufactured in one locality .....

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Nov 07 1975 (SC)

Smt. Indira Nehru Gandhi Vs. Shri Raj NaraIn and anr.

Court : Supreme Court of India

Reported in : AIR1975SC2299; 1975(Supp)SCC1; [1976]2SCR347

..... court in the case of harbhajan singh v. mohan singh : [1975]1scr605 dealt with the provisions of section 3 of the punjab preemption (repeal) act, 1973, according to which on and from the date of commencement of that act, no court shall pass a decree in any suit for pre-emption. this court held that the above provision was also applicable to ..... following cars for election purposes in the three parliamentary constituencies, rae bareily, amethi and ram sanehi ghat. you may, therefore, kindly release them.after giving numbers of the vehicles the letter proceeds:it is therefore requested that the above said cars may kindly be released without delay. the letter of the president of district congress committee about the ..... appellant, who was the prime minister of the country, was contesting from rae bareli constituency, the district congress committee concentrated its attention on that constituency and used the 23 vehicles mostly for the election work in that constituency. (ii) as the appellant had a mass appeal the district congress committee office-bearers thought that the rae bareli constituency was ..... will toll the death knell of the democratic structure of the constitution. if article 329(b) envisages the resolution of an election dispute by judicial process by a petition presented to an authority as the appropriate legislature may by law provide, a constitutional amendment cannot dispense with that requirement without damaging an essential feature of democracy, viz., the mechanism for .....

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Jan 29 2004 (HC)

Ranga Reddy District Sarpanches' Association and Ors. Vs. Government o ...

Court : Andhra Pradesh

Reported in : 2004(2)ALD1; 2004(1)ALT659

..... an attempt was made to show that on a comparative study of the present act and corresponding provisions of the repealed act, no further powers had been conferred on these local bodies and this is ..... a subversion of the letter and spirit of the constitution. the inadequate and constitutionally unsustainble legislative mechanism is supported, in the area of usurpation of powers of the elected representatives, by statutory rules ..... with the provisions of section 69. a gram panchayat may also levy, subject to prescribed rules, vehicle tax; tax on agricultural land for a specified purpose; land cess; fees for use of ..... .p. sarpanchas association v. government of andhra pradesh, 2001 (4) ald 704, and ajit singh v. state of punjab, : air1999sc3471 ].(i) the courts cannot define the term 'local self-government' when the constitution has not chosen to ..... issued orders in respect of seventeen (17) subjects including agriculture, social forestry, fuel and fodder, roads, bridges and ferries, non-conventional energy, adult and non-formal education, public distribution system, social welfare, education including ..... the discretion to enact laws authorizing panchayats to levy, collect and appropriate such taxes, duties, tolls and fees, subject to such procedure and limitations as the legislature may deem fit.(h) the ..... is the basic structure of the constitution. in smt.indira nehru gandhi v. shri raj narain, : [1976]2scr347 , at para 688 it was held by the apex court:'the reason of this restraint is not .....

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Dec 30 1981 (SC)

S.P. Gupta Vs. President of India and ors.

Court : Supreme Court of India

Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365

..... position even before the amendment of clause (1) of article 74 by the constitution (42nd amendment) act 1976, but the position has been made absolutely explicit by the amendment and article 74 clause (1) as ..... justice will be posted in what particular high court a policy transfer, therefore, without fixing the requisite mechanism or modality of procedure that ensures complete insulation against executive interference, could be a punitive transfer in ..... one year was according to law. section 58(1)(a) read with section 58(2) of the motor vehicles act enabled the authority to grant permit for a period not less than three years. it was urged that ..... consultation has to be meaningful, purposeful, result oriented and of substance, much water has flown below the bridges when initially it was said that when a duty is cast to consult the authority, one who has ..... of west bengal v. n.n. bagchi : (1968)illj270sc and ending with shamsher singh v. state of punjab : (1974)iillj465sc it has been authoritatively laid down that in matters concerning the conduct and discipline of district judges ..... any time any law with respect to the same matter including a law adding to, amending, varying or repealing the law so made by the legislature of the state.187. it is obvious that here as a legislation ..... of india in any particular order or by following any particular procedure. what was necessary to constitute toll and (sic)effective consultation within the meaning of article 217 was that the chief justice of delhi .....

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Mar 11 1994 (SC)

S.R. Bommai and Others Etc. Etc. Vs. Union of India and Others Etc. Et ...

Court : Supreme Court of India

Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644

..... of the court. prior to the constitution [42nd amendment] act, 1976, under the constitutional convention, the president was bound to act in accordance with the advice of the council of ministers [re: shamsher singh and anr. v. slate of punjab : (1974)iillj465sc . by the 42nd amendment, it was ..... person to all its citizens transcending regional, religious, sectional or linguistic barriers as complimentary units in working the constitution without confrontation. institutional mechanism aimed to avoid friction to promote harmony to set constitutional culture on firm foothold for successful functioning of the democratic institutions, to ..... transient to a new socio- economic order or social integration and fraternity among the people. the constitution has chosen secularism as its vehicle to establish an egalitarian social order. i respectfully in agreement with our brethren sawant and jeevan reddy, jj. in this respect. ..... and ishwara of hindus'.261. making of a nation state involves increasing secularisation of society and culture. secularism operates as a bridge to across over from tradition to modernity. the indian state opted this path for universal tolerance due to its historical and cultural ..... as the inquiry committee by the government of tamil nadu to report on the center-state relations) - recommended that articles 356 and 357 be repealed altogether. (see para (8) in chapter ix, 'emergency provisions' of his report, submitted in 1971). in the alternative, he recommended safeguards .....

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Nov 01 2002 (HC)

A. Aruna and ors. Vs. State of Andhra Pradesh and anr.

Court : Andhra Pradesh

Reported in : 2002(6)ALD548; 2003(2)ALT770

..... is competent to pass a law not only relating to 'mechanically propelled vehicles' (such as the motor vehicles act, 1988) but also relating to 'principles on which taxes on such vehicles are to be levied.' the present motor vehicles act does not contain any such 'principles'. nor is there ..... were collected, the levy of fees could be upheld. the supreme court in malwa bus service (pvt.) ltd. v. state of punjab, : [1983]2scr1009 , after referring to the judgment of the supreme court in kewal krishan puri's case (supra) held:'.......... in ..... required by way of tax is in truth and substance either a contribution towards the construction and maintenance of the roads, bridges and other facilities that are necessary for providing a smooth transport service or an exaction far in excess of what is ..... vehicles taxation act. 1963. the andhra pradesh (andhra area) motor vehicles taxation act, 1931, andhra pradesh (telangana area) motor vehicles taxation act, 1955 and andhra pradesh motor vehicles (taxation of passengers and goods) act, 1952 were repealed under section 18 of the act. the andhra pradesh (andhra area) motor vehicles taxation act, 1931. the andhra pradesh (telangana area) motor vehicles taxation act ..... with a fair and reasonable degree of equality, the constitutional requirement is satisfied........'in ito v. n. takim roy rymbai, air 1976 sc 670, it was held:'.......give legislative competence, the legislature has ample freedom to select and classify persons, districts, goods, properties .....

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