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....”72. Under Article 200 the Governor is enabled to suggest the desirability of introducing any such amendments as he may recommend in his message. Here again “amendment” has clearly a...American Jurisprudence, 2d, Vol. 16, Article 59 at pp. 231-232, Article 72 at p. 251, Article 287 at pp. 270-71 and Article 88 at pp. 273-74 in support of these propositions. First, questions of....962. The Attorney-General also relied on an article On the views of W.F Dodd, published in 30 Yale Law Journal p. 321 seq. and of H.W Taft, published in 16 Virginia Law Review p. 647 seq. The...
...Rohinton Fali Nariman, J. (Nariman, J. for himself, Ravindra Bhat and Ramasubramanian, JJ.; Ramasubramanian, J. supplementing as well)— IA No. 134044 of 2019 for intervention...dated 26-7-2019 (2020) 3 SCC 216, dealing with the interpretation of...fill the vacancy in the office of the President before the expiration of the term of office in the case of death of a candidate as may appear from Section 7 of the 1952 Act does not rob Article 62(1...
...mentioned that the abovementioned 75% quota for EOs and 20% quota for POs to the promotion post of Appraiser has been fixed by statutory rules framed under Article 309 of the Constitution of India viz...a sizeable quota and hence their quota was reduced from 72% to 64% and promotional prospects of POs and OSs were increased from 12% to 15% and from 5% to 10% respectively. In other words, the...matter on 16-4-2002. On 30-4-2003 it was directed to be relisted on 9-7-2003. On the date when the matter was listed for further hearing learned counsel for the Union of India, on instructions, very...
... decided, oblivious of the object behind the enactment and the reason for amending the Act in 2019. The Act was brought into force for preventing the commission of atrocities...State Of Kerala v. Hassan reported in 2002 (2) KLT 505, wherein it has been reiterated that the offence under Section 3(1...society, whereas Bentham postulates the greatest happiness of the greatest number as the end of law. Article 19 of the Indian Constitution averts to freedom and it enumerates...
....4. A notification under Section 4 of the Act was published in the State Government Gazette on 17-7-2002. The said action was challenged and the validity of the notification was questioned in...a writ petition in the High Court of Andhra Pradesh. The High Court dismissed the petition following an earlier decision in Writ Petition No. 21712 of 2002 by observing that the writ petition involved....5. According to the appellants, the High Court was wholly wrong in dismissing the writ petition relying on the judgment in Writ Petition No. 21712 of 2002 since in that case, the Court...
...
TUESDAY, THE 4TH DAY OF JUNE 2024 / 14TH JYAISHTA, 1946
WP(C) NO. 31559 OF 2019
PETITIONER...
& CUSTOMS
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.11.2023, ALONG WITH WP(C).31559/2019 AND CONNECTED CASES, THE....
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
08.11.2023, ALONG WITH WP(C).31559/2019 AND CONNECTED CASES, THE
COURT ON...
...".43. Shri Ajay Vora referred to an article "KPO- An emerging opportunity for the Chartered Accountants" published in July, 2006 issue of Journal "The Chartered Accountants" wherein..." published in 2006 in the Journal "The Chartered Accountants" to highlight the distinction between BPOs and KPOs. As stated in the said Article, KPO, simply put, is the upward shift of the BPO industry in...Willis Processing Services (I) (P.) Ltd. v. Dy. CIT [2013] 57 SOT 339/30 taxmann.com 350 , several Benches of the Tribunal took a view in favour of the assessee, accepting the...
.... 59230/2020 to file substantive writ petition challenging the environmental clearance dated 17.06.2020 by way of writ petition under Article 32 of the Constitution while maintaining the preliminary...(formerly W.P. (C) No. 1568 of 2020 before the High Court of Delhi)19. In this petition, originally filed in the High Court under Article...arbitrary manner and have violated Article 21 as well as the Doctrine of Public Trust by denying basic access to public/recreational spaces which are essential to life and liberty...
...Alien and Lenwin Ltd., 1960, pages 461, 462, 476, 477 and 485).
2002. The draft Article 31 (ii) became Art. 39 (b). Prof. K. T. Shah moved an "amend"ment...Mr. Palkhivala on American Jurisprudence 2d. Vol. 16, Article 59 at pp. 231-232, Article 72 at p. 251. Article 287 at pp. 270-71 and Article 88 at pp. 273-74 in support of...necessity for germaneness.
977. The Attorney General also relied on an Article. On the views of W. F. Dodd published in 30 Yale Law Journal p. 321 seq. and of H. W. Taft, published...
...to borrow the words of Prof. Clark in his article on ‘Natural Justice, Substance and Shadow’ in Public Law Journal, 1975, restored light to an area “benighted by the narrow conceptualism of the...: AIR 1980 SC 2181
(foll) 2229. 2002 (7) SCC 564
(foll) 25
30.... 2000 (7) SCC 425
(foll) 25
31. 2000 (8) SCC 462
(foll) 25
32. 2002 (1) SCC...
...of the Constitution. It is also necessary to make certain modifications in the Writ Jurisdiction of the High Courts under Article 226.”3. The vires of the...Administrative Tribunals Act, 1985, enacted under Article 323-A (1), was challenged in S.P. Sampath Kumar v. Union of India...(1987) 1 SCC 124 before this Court. The main ground taken in the writ petition was that the jurisdiction of the High Court under Article 226 and Article 227...
...),
112-115, 1st Floor, Plot-212, West Wing, Tulsiani Chambers, Free Press Journal Marg, Nariman Point, Mumbai 400 021.
2. Bureau Of Immigration...
F. ARTICLE 21 AND THE FUNDAMENTAL
RIGHT TO TRAVEL OVERSEAS .................................... 94
I. The Guarantee of...
& THE PASSPORTS ACT, 1967 ....................................... 171
I. ARE THE OMs ULTRA VIRES ARTICLE 14...
...
[2016] 69 taxmann.com 336 (Bang. - Trib.)
10
5.
Willis Processing Services (I) (P.) Ltd. v. Dy. CIT
[2013...the case of Director of Settlements A.P. v. M.R. Apparao [2002] 4 SCC 638...DR before us in the case of Willis Processing Services (supra) and Capegemini India (P.) Ltd. (supra) are to be regarded as per incurium as these decisions ignore a binding co-ordinate bench decision...
..., recognized, reaffirmed and reiterated in the Universal Declaration of Human Rights adopted by the United Nations on December 10, 1948. Article 2 of the declaration reads...:“Article 2 : Everyone is entitled to all the rights and freedoms set forth in the declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other...to ensure equal right of women to enjoyment of all rights mentioned in each of the covenants. This right is irrespective of religion. Article 14 of the ICCPR mandates “All persons shall be equal before...
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...submitted that VJIL has been consistently earning profits for the preceding five years i.e. from A.Y.2002-03 to A.Y.2006-07 and thus, it is not a persistent loss making company. He accordingly submitted that...comparable with the assessee. Referring to para 5.10 on pages 560-561 of paper book-III he submitted that these facts were also clarified by the assessee vide its submission to DRP. He accordingly...No. 1801(Hyd) of 2009]
c.
Willis Processing Services (India) (P.) Ltd. v.
Dy. CIT [2013] 57 SOT 339/30 taxmann.com 350 (Mum...
...which takes away or abridges the Right(s) conferred by Part III; any law made in contravention of Article 13, shall, to the extent of the contravention, be void; the 2019 Act falls within the ambit of...Record Association (1993) 4 SCC 441; the 2019 Act is in contravention of Article 13 read with Articles 14, 25, 26 and 31-A(1)(b) of the Constitution of India; the Statement of Objects and Reasons, as...professing Sanatan Dharam, which object is violative of the faith and belief to worship enshrined in the basic structure of the Constitution, read with Article 25 of the Constitution of India; the 2019 Act...
...decision in Drew v. Willis, [1891] 1 Q.B. 450 Lord Esher, M.R., said that no court or authority has the power to set aside an order properly made, unless it (viz., the power) is given by...under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“the SARFAESI Act”). Mr. Krishnan's reliance on the decision of the Supreme Court in...Ltd. v. Coastal Marine Construction (2019) 9 SCC 209 and happily ignores the law thereafter, especially the decision of the Supreme Court in NN Global Mercantile Pvt Ltd. v. Indo Uniqie...
...rendered as early as 5.8.2011. The decisions rendered by the ITAT Mumbai Benches cited by the learned DR before us in the case of Willis Processing Services (supra) and Capegemini India Pvt.Ltd. (supra) are...(supra) were rendered later in point of time. Those decisions follow the ratio laid down in Willis Processing Services (supra) and have tobe regarded as per incurium. These three decisions also place...) Ltd. vs. ITO (IT(TP)A No.1397/Bang/2016 dated 13/01/2017 iv. Hyundai Motor India Engineering (P) Ltd. vs. DCIT (2019) 102 taxmann.com 10 (Hyd. Trib...
...Court on the width and scope of Article 14 drawing thought largely per Fazl Ali, J., from Professor Willis on the subject; holding:-“[8] The only serious point, which in my opinion...Hooda-1 quoting per Mahajan, J. stating in short the scope of Article 14 in paragraphs 85, 86 and 87:-“It is designed to prevent any person or class of persons for being singled out as...is only when promotion/appointment is based on equal opportunity and seniority is attached to such promotion does it become a facet of Article 16(1) and therefore a fundamental right in Part III of the...