Court : Punjab and Haryana
Reported in : (2005)139PLR400
..... of 2003. relying upon the 'statement of objects and reasons' embodied in the rent act, the petitioners have averred that the legislature of erstwhile state of punjab wanted to enact a law to restrict the 'increase of rents' of certain premises situated within the limits of urban areas and protection of tenants against mala fide attempts of their landlords' to procure their eviction. due ..... taking into consideration the various representations received from time to time as well as part of the reform initiative taken up in the urban sectors; that the representations from public representatives were received and after obtaining the details from chandigarh administration, the answering ministry took the view that the implementation of rent law in chandigarh lies exclusively with the ..... of india has not been correctly implemented;(ii) no fundamental/ statutory/legal rights of the petitioners have been violated;(iii) the petitioners do not have any locus standi to file public interest litigation as they themselves are tenants of such buildings whose monthly rent is rs. 1500/- and/or above and thus, it is 'personal interest litigation';(iv) the ..... nos. 20221 and 20232 of 2003, 1829, 1978 to 2065, 2689, 3902, 7360, 7836, 9855 and 11029 to 11034 of 2004) instituted by various tenants of residential. scheduled and/or commercial buildings located in the u.t. of chandigarh, out of which cwp no. 20221 of 2003 has been dubbed as public interest litigation also. since the facts and questions .....Tag this Judgment!
Court : Allahabad
Reported in : 55STC68(All)
..... article 31b conferred constitutional immunity to such laws (all being enactments of state legislatures) and parliament alone could have done so by inserting the said article in the constitution in exercise of its constituent power under article 368. in substance and reality it was a constitutional device employed to protect state laws from becoming void under article 13(2). it will appear clear ..... sales tax acts are bihar sales tax act, 1947; u. p. sales tax act, 1948; punjab general sales tax act, 1948; bengal finance (sales tax) act, 1941; orissa sales tax act, 1947; east punjab general sales tax act, 1948; assam sales tax act, 1947, and madras general sales tax act, 1939. post-constitution sales tax acts are bombay sales tax act, 1959; gujarat sales tax act, 1970; karnataka sales tax act, 1957; ..... by the supreme court in the cases of associated hotels of india ltd. air 1972 sc 1131 and northern india caterers (india) ltd. air 1978 sc 1591 such laws would be ultra vires of the state legislatures.84. in this connection, he has referred, to the case of girdharilal v. lalchand air 1970 raj 145 wherein, in paragraph 14, it was ..... colour of office, the protection can in a given case be considered. having regard to these principles, in my opinion, the accused nos. 2 and 6, namely, girdharilal mahajan and ramchander, are alleged to have ordered the collection of refuse and omitted to cause its removal from the road and they have thereby committed the public nuisance. both these are .....Tag this Judgment!
Court : Mumbai
..... kanshi ram v. lachhman the law granting relief to the debtors protecting their property was upheld. also see 1978 (2) scc 1, pathumma v. state of kerala, 1977 (2) scc 670, fatehchand himmatlal v. state of maharashtra, 1962 (1) scr 852, ramdhandas v. state of punjab.""67. it is well known that in different states, rent control legislations were enacted providing safeguards to the sitting tenants ..... in krishna filaments (supra). in fact, it is precisely to get over the narrow interpretation placed on the term "debt" by this court that the legislature has stepped in and amended the rdb act 1993. if there was any doubt about a debt which is assigned by a bank or financial institution, being recovered by filing an application before drt established ..... of the fact that it may affect some individuals enjoying certain rights. in the present case we find that the unrealised dues of banking companies and financial institutions utilising public money for advances were mounting and it was considered imperative in view of recommendations of experts committees to have such law which may provide speedier remedy before any major fiscal ..... the two aspects are intertwined which are difficult to be separated. there have been many instances where existing rights of the individuals have been affected by legislative measures taken in public interest. certain decisions which have been relied on behalf of the respondents, on the point are 1951 scr 292, ramaswamy aiyengar v. kailasa thevar. in that case by .....Tag this Judgment!
Court : Chennai
Reported in : AIR1954Mad1091; 26ITR509(Mad)
..... protection against the act of the-executive or other non-judicial authority. the blitz case -- 'gunupati keshavram reddy v. nafisul hasan', petn. no. 75 of 1952, d/-18-3-1952 (sc) (m) on which sri dadachanji relies, proceeds on this very view, for there the arrest was made on a warrant issued, not by a court, but, by the speaker of a state legislature ..... and the arrest was made on the distinct accusation of the arrested person being guilty of contempt of the legislature.' 30. relying on these observations the learned advocate general argues that article 22 must be confined to cases of arrest of ..... appear on his behalf before the collector, the arrest warrant issued by the. collector being final and unappealable. this is not a case of arrest for preventive detention to preserve public tranquillity which is governed by wholly different considerations and for which there is separate provision in article 22(4), nor is it necessary for us to embark on the principles ..... the article only be entitled to detain him for 24 hours without further orders from a magistrate. 29. in the -- 'state of punjab v. ajaib singh' : 1953crilj180 , the taking into custody by the executive authority under the abducted persons (recovery and restoration) act, 65 of 1949, was held to be not an infringement among others of article 22 of the constitution on the .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : 140STC42(P& H)
..... ]supp3scr271 is given effect to, the state government will have to refund 50 per cent of the past arrears and forego the remaining 50 percent resulting in huge loss to public exchequer running into several crores and, therefore, the legislature thought it proper to amend section 6 and bring it at par with section 4-b of the punjab act. according to the respondents, the ..... that light, no fault can be found with the legislative steps taken by the state to protect the public revenue. in support of his arguments, shri chopra relied on the judgments of the supreme court in polaki motors v. state of orissa,  88 stc 259, krishnamurthy and co. v. state of madras  31 stc 190, hira lal rattan lal v. sales tax officer ..... , section iii kanpur  31 stc 178, devi dass gopal krishan pvt ltd. v. state of punjab ..... remedy the defects pointed out by the supreme court in the ashok service centre case  53 stc 1. the object of the act was not only to amend the law from a past date but also to protect and validate actions already taken. by enacting retrospectively a valid and legal taxing provision the law creates a fiction that the assessments made .....Tag this Judgment!
Court : Mumbai
Reported in : 2005(3)BomCR1; 2005(2)MhLj921
..... stand the test of reasonableness. they do not justify drastic action on the part of the state legislature in enacting the act to take over the management of what was originally a private religious trust and then a public trust. according to the learned counsel, the state's intervention in a given case may be necessary if there are allegations of gross mismanagement and ..... 148-b of punjab sikh gurdwaras act, 1925 observed;'.... whatever justification some people may feel in their criticisms of the political wisdom of a particular legislative or executive action, the court cannot be called upon to embark on an enquiry into public policy or investigate into questions of political wisdom of even to pronounce upon motives of the legislature in enacting a ..... integral to religion or religious practice or religion as such which is amenable to statutory control. these secular activities are subject to state regulation but the religion and religious practices which are an integral part of religion are protected. it is a well settled law that administration, management and governance of the religious institution or endowment are secular activities and the ..... to the proper administration. it was not violative of articles 25 and 26 of the constitution.12, the same view is taken in dharam das etc. v. state of punjab and ors. : 3scr160 and sri lakshamana yatendrulu and ors. v. state of a.p. and anr. : 1scr929 . in sri adi visheshwara of kashi vishwanath temple, varanasi and ors. v .....Tag this Judgment!
Court : Punjab and Haryana
Reported in : AIR1954P& H247
..... its meaning in the land revenue act from time to time in force.'9. these observations were cited with approval by a division bench of this court in -- 'harma-hendra singh v. punjab state', air 1953 punj 30 (c), where it was held that when a state makes laws for the purposes of protection of the revenues of the state and for seeing that there is ..... on the right of a spendthrift to acquire, hold and dispose of property cause a certain amount of inconvenience to him, these restrictions are imposed for the benefit of the public and the landholder must be deemed to have compensation in participating in the general advantage.11. but it is possible to contend, as was contended before the supreme court in ..... of law that the right of a person to acquire, hold and dispose of property carries with it a corresponding obligation to hold it subject to such restrictions as the legislature may think necessary and expedient. it follows as a consequence that it is open to the legislative authority of a country to subject both persons and property to restraint in ..... that it should not be split up, even then it seems to me that it is open to the state to impose reasonable restrictions an the right of the landholder to acquire, hold and dispose of his property. the means selected by the legislature have a real and substantial relation to the object sought to be achieved.10. nor can there be .....Tag this Judgment!
Court : Himachal Pradesh
..... justice in the case of democratic republic of congo v. uganda. common law recognizes states as having the authority to protect natural resources insofar as the resources are within the interests of the general public. the state is deemed to have a proprietary interest in natural resources and must act as guardian and trustee in relation to the same. constitutions across the world focus ..... so as to best sub-serve the common good, but no comprehensive legislation has been enacted to generally define natural resources and a framework for their protection. of course, environment laws enacted by parliament and state legislatures deal with specific natural resources, i.e., forest, air, water, costal zones, etc. 76. the ownership regime relating to natural resources can also be ascertained ..... sanctioned purposes of power by simulation or pretension of gaining a legitimate goal, it is called colourable exercise of power. their lordships have held as under: 21. in the state of punjab and anr. v. gurdial singh and ors., air 1980 sc 319, this court held that when power is exercised in bad faith to attain ends beyond the sanctioned purposes ..... purpose and for none other. (vide: commissioner of police, bombay v. gordhandas bhanji, air 1952 sc 16; sirsi municipality v. ceceila kom francis tellis, air 1973 sc 855; the state of punjab and anr. v. gurdial singh and ors., air 1980 sc 319; the collector (distt. magistrate) allahabad and anr. v. raja ram jaiswal, air 1985 sc 1622; delhi administration ( .....Tag this Judgment!
Court : Karnataka
Reported in : 2000(1)KarLJ224
..... maintenance of laws and protection of the realm from external or internal enemies. a modern state is certainly expected to engage in all activities necessary for the promotion of the social and economic welfare of the community. language of article 162 clearly indicates that the power of the state executive extends to the matter upon which the state legislature is competent to legislate ..... such a project. there is nothing at all to show that the state had acted mala fide out of improper or corrupt motive to protect the interest of another person at the cost of state. it acted to achieve public purpose of rapid economic growth of the area in particular and the state in general. the contract was not entered into dispose of or fritter ..... competence of the state legislature and the executive power of the state extends to the legislative competence of the state legislature. there is no need for every executive action to be backed up by the legislative sanctions. every executive sanction is always subject to the legislative provision and constitutional limitation. in rai sahib ram jawaya kapur and others v state of punjab, a constitution bench ..... the constitution to invalidate the governmental action'.regarding the particular facts of the case, it was observed:'the argument of the petitioners was that at the auctions held in december 1978, january 1979 and april 1979, the price of resin realised was as much as rs. 484/-, rs. 520/- and rs. 700/- per quintal respectively and when the market .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1967SC1643; 1967(0)BLJR818; 2SCR762
..... for ouster of jurisdiction of the courts. while clause (4) relates to bills pending in the state legislature at the commencement of the constitution, clause (6) relates to bills enacted by the state within 18 months before commencement of the constitution i.e., acts providing for public acquisition which were enacted not earlier than july 26, 1948. if the president certifies such an ..... is invalid. in my opinion, the argument is based upon a misconception. what the impugned act purports to do is not to make any land legislation but to protect and validate the legislative measures in respect of agrarian reforms passed by the different state legislatures in the country by granting them immunity from attack based on the plea that they contravene fundamental ..... three writ petitions, the facts of which appear in the two judgments just delivered, the validity of the punjab security of land tenures act, 1953 and the mysore land reforms act, 1953, is principally involved. since these acts are protected by the constitution (seventeenth amendment) act, 1964, the validity of the constitutional amendment is also questioned. therefore, a much larger field must be ..... and (vi) that the two impugned acts, namely, the punjab security of land tenures act, 1953 (x of 1953) and the mysore land reforms act, 1961 (x of 1962) as amended by act xiv of 1965 are valid under the constitution not because they are included in schedule 9 of the constitution but because they are protected by art. 31-a, and the .....Tag this Judgment!