Aman9794/SC_hearings_ASR_data · Datasets at Hugging Face

audio_path audioduration (s) 0.08 30	transcription stringlengths 2 1.17k	length float64 0.08 30
	same test would have to be applied and your lordships have in vidya drolia held that the test for the purposes of 8 and 11 are synonymous it's the same test that applied to 8 and 11 your lordships may kindly note the paragraphs which are in vidya drolia those are 144 145 147.5 in vidya drolia my lord 144 145 147.5 i will give the page numbers also my lord kindly bear with me for a moment your lordships would find my lords 144 at pdf 189 145	29.36
	clean money and substantial transparency coming into the system of political funding a donor can purchase electoral bonds from a specified bank only by a banking instrument he would have to disclose in his account the amount of political bond that he has purchased the life of the bond would be only 15 days a bond can only be encashed in a pre declared account of a political party every political party in its returns will have to disclose the amount of donation it has received through electoral bonds to the election commission the entire	29.6
	that this is what happened as my lord i'll not reread it but everyone was clear including the government but especially mr banatwala that unless you give and what was the amendment suggested amendment was 'administration to be given to muslims' that was within inverted commas and the minister says no it will be as per the act if as per the act your lordships finds that it was muslim administration that's a separate thing but if that is so	22.56
	my lord para 50 on the page 70 my lord that's exactly what your lordships hinted interestingly on the aspect of the offense of bribery being complete outside the legislative house or parliament itself even the majority view holds the same majority view to the extent it holds that prosecution against so and so would continue thus on the sole understanding that the offense of bribery was complete outside the house itself and does not require a vote in the house then my lord i may not read your lordships	29.92
	your lordship order is clear what your lordship meant	2.88
	that would in my submission necessarily mean that if you put any other burden the balance at the national and international level will be disturbed that's the only similar answering my lord the chief justice's query my lord please come to pdf 136 'criteria for determining royalty rates your lordship gets it my lord can i read my lord kindly come to f and g f my lord i am not reading the rest	25.36
	consideration received by him as his white money because section 4 clause c being out of the way he can account for the possession of such money by showing that he has received it as a consideration for sale of spatial bearer bonds and so far as the purchaser is concerned if he has paid the consideration out of his black money he can claim the immunity granted in the clause 3 thus the black money of the seller which had been converted into white on his subscribing to or otherwise acquiring special bearer bonds would remain	29.6
	because time is the essence of that particular legislation so time fixation first of all has to be by the competent legislature and for the purpose of the object which that particular act seeks to achieve it is always object specific then my lord your lordships are aware order 8 rule 1 required that unless you file your written statement	21.68
	lordships first is rustom cavasjee cooper your lordships know the judgment it's a bank nationalization case	6.64
	yes my lord i am just giving you examples where my lord the legislature has itself told us that a fiscal pre condition is not such	7.28
	v kesoram dissent justice s.b sinha's dissent my lord	4.32
	kindly my lord take entry 50 for a minute my lords during lunch hours something my lord to assist your lordships and answering the query very pertinent questions your lordships have put my lord this is my respectful submission entry 50 'taxes on mineral rights subject to any limitations imposed by parliament' now this is kindly mark by law relating to mineral development what possibly we are reading right now is under a law relating to mineral development we are searching	30
	yes yes	0.4
	i have the debates also in my note	3.28
	that's how my lord our understanding of my lord the chronology is	2.96
	cpc your lordships would find that in volume 4 a at page 727	5.04
	correct but my lord my respectful submission	2.16
	yes otherwise it would have been challenged as an executive act	2.88
	as follows that in amendment number 35 of list i in the proposed entry 64 of list i further words the control the words development and control be substituted this was not done kindly come to the next page dr ambedkar my lord somewhere in the middle my lord your lordships will find	18.08
	i will just my lord 'one of the steps taken by the society was to open a school in 1973 three years later sir it became a high school and in 1977 the foundation stone for the establishment of a college was laid sir syed ahmed khan died in 1880 my lord it should be 1877 and 1873 '1880 but the idea of establishing a university gathered strength even after his death the muslim university foundation committee had started collecting funds for setting up the university the mao college aligarh had by that time grown into a leading	29.92
	what your lordship means 'answer'	1.52
	and in manner provided in part 5 and 6 of these presents and shall also pay and discharge please see my lord all taxes rates assessment and impositions whatsoever being in the nature of public demands which shall from time to time be charged.so public demands my lords kindly underline assessed by the authority of the central and state government upon or in respect of	29.12
	'international rates and at the same time ensure rapid development of mining industry and augmentation of revenue earnings of the state governments this is treated as a part of development of mining industry this national level price fixation is treated as a part of development of mining industry which is the act therefore my lord i said 'the act itself is a limitation i'll point out the specific provisions	30
	16 my lord page 16 is our understanding of the reference my lord	4.48
	it's on the price structure also	1.68
	within that 3 to 4 years that's the question my lord which will have to be asked	3.44
	in case of the new mines granted after 11 january your lordship knows in 2015 auction regime took place otherwise it used to be first come first served et cetera 'against this high incidence of taxation prevailing in the country the internationally effective tax rate is in the range of 31 percent to 45 percent as depicted in the table given at the end of the chapter the mining sector in india is heavily taxed and not only in comparison to international level please mark this 'but	29.92
	lordships have physical copies and i am not having but i am at fault my lord i'll invite your lordships attention only to few points my lord my lord suppose in a 227 or a 482 jurisdiction an accused approaches the court saying that there is no valid sanction high court is satisfied and high court says that 'till the sanction is granted trial not to proceed the six month period my lord the judgment takes away the discretion of the high court to say that the stay would inure a	29.92
	anyway i leave it at that i don't want to embarrass mr sibal	4.16
	balancing element in the present policy is clause 74 of the electoral bond scheme clearly provides for disclosure in case of appropriate proceedings before the competent court or criminal proceedings my lord then i'll not bother your lordships further my lord then kindly come to page 73 financial policy and limits of judicial review i am not going to read the whole i'll just read the highlighted part because that would in the facts of the case be very very relevant and direct for assisting your	29.44
	i would invoke	2.32
	my lord may i respond to your lordships concern and it's a very valid concern my lord we shared concern but what was the reason why that was removed the experience had shown that in a given sector for example where the business environment should be business friendly in terms of the administrative or political setup some companies wanted to donate say 10 percent or 15 percent right now there was a cap 7.5 percent what used to happen was that company would create shell companies so i would as a main company	29.84
	the information furnished by the buyer shall be treated confidential by the authorized bank first part this is the mandate of the scheme correct my lords	9.36
	them nobody can be discriminated against hindus muslim sikhs everyone are at par now earlier an argument used to be raised that there is an exception to this under sub article 5 which is not accepted your lordships have said that sub article 5 is not an exception but another facet of equality because the government the nation the country wanted scheduled caste scheduled tribes socially and educationally backward classes also to be at par and therefore sub article 5 was introduced 'nothing in this article or in sub clause g of clause 1 of article 19 shall	29.68
	it is an order my lord kindly see	0.96
	i didn't digress your lordships on how we addressed their concerns et cetera because it was more a consultative process with them after having received that	12.64
	of parliament is as sacrosanct as my lord independence of judiciary or independence of executive that's the judgment on this then my lord page 46 examples of exercise of power by parliament itself this may be of some interest to your lordships of course this may not assist your lordships in arriving at any conclusion on the question on it but whatever examples we could find out in india that how this power of self regulation is utilized	29.92
	touching the soil by satellite imaging or whatever one would first decide whether there is any mineral in the land second would be 'prospecting of mineral' so there is a prospecting license regime where you excavate just to find out whether there is any mineral sometimes you are trying to find out 'a' mineral and you find 'b' mineral there is a provision made then you have to surrender your lease and give it to the government back if instead of uranium something else is found and third is	29.92
	my lord please read para 16 and 17 at page 2194 para 16 here also it was concerned with the black money part therefore i am tempted to read 16 your lordship gets page 1924 2194 sorry 2194 it was then urged your lordships gets 'it was then urged on behalf of the petitioners that section 4 clause c operates only in relation to a period i am sorry para 16 just	26.56
	including the central government in the eventuality contemplated under clause 74 there is a scientific system available whereby this confidentiality can be decoded by a process and be placed before the competent authority or court under clause 74 of the scheme it will not be in the interest of the scheme to put it in public the mechanism which will be used while decoding information for being provided as required under clause	30
	yes my lord	0.96
	my lord a somewhat similar situation was there under the new land acquisition act that period of five years from the stay granted by the high court was to be excluded and court said that it's not in the litigant's hand when the stay would be vacated when it could be granted modified etc so my lord that is my second point coming to page two of my note there is a constitution bench judgment which asian resurfacing misses to note that is raza buland sugar company vs municipal	30
	certainly my lord i am conscious of the fact that the consultation is not statutorily contemplated that's what my lords are very rightly putting it to me but the consultation is read in every provision that's what i am going to show please take my written submissions my lord	16
	all of us have jointly requesting you to mention on monday	3.52
	page 24 rajendra pratap singh bihar page 24 only the highlighted black highlighted part what we are doing in this bill is to denude the state of all their powers and responsibilities not only with respect to the minerals mentioned in schedule 1 which is very comprehensive but in some respect we have even taken away the regulatory powers of the state in respect of all other	29.44
	i have relied upon that my lords please see ill just we have quoted that judgment your lordships judgment in demonetization my lord i'll just give that cite but the pagination but i am relying upon the	15.28
	yes	0.24
	only a minute mr ramachandran	1.84
	imports for certain minerals and regulation of exports of domestic minerals use of which is needed for the core domestic industries now please note this my lord 'the import and export is mostly based upon the comparative price fixation in domestic as well as global market and such price fixation shall depend upon the levy of royalty and other others imposed on each mineral in india meaning thereby if we overtax a particular mineral or	29.92
	none of us on this side have substantially bored your lordships your lordships would find some of the judgments name familiar but the relevant paras my lords were missed therefore we may have to read it and only unavoidable repetition would be there otherwise my lord we will ensure that there is no repetition	17.2
	my respectful answer would be no the simple reason is that history always has several shades my lord absent annamalai part in the act which i have shown suppose that would not have been taken care of recognized by the statute there may be five versions of history that not missed sir annamalai it was sir chettiar also who was running it was not sir annamalai it was somebody else also who contributed money it was not sir annamalai the entire i	29.36
	we are just sharing my lords this is not the list prepared by us	2.48
	interpreting the entries also then 412 my lords this objective would be totally defeated by the impugned levy of cess on coal that has resulted in coal produced in the state of west bengal totally unremunerative and uncompetitive the price of coal so producing being much higher than the price of coal produced in the adjoining state of bihar up odisha m.p and maharashtra as shown in the comparative chart below your lordships may please ignore that chart 413	29.92
	i am not reading this puttaswamy all of my lords have read and read it but the purpose i'll say my lord your lordships have devised this concept of informational privacy your lordships were examining two competing interests namely one right to know and second right to have informational privacy and your lordships have accepted information privacy to be a fundamental right if my lord i am the person donating and if your lordships conscience is satisfied that system is in public interest	29.92
	there are 29 factually nothing turns on that 29 designated branches	4.88
	immediately i'll come to the scheme this is a report of the study group for revision of rates please mark this my lord this exercise happens every three years as per section 93	10.24
	amending is a legislative function i cannot make this	4.24
	section 3 of the stamp act section 3 of the stamp act	3.44
	someone may have to collate to assist your lordships from registry or whichever authority	4.16
	39 b my lord can still survive my lords it's an independent provision as a directive principle the only	5.36
	privilege as such and therefore i am not reading any of these judgments then development of the law on privileges again from the narrow compass of bribery vis a vis privilege do not have much assistance but since your lordship said that whatever research we have done please place it so that your lordships gets everything on one page so that's what we have done	21.6
	there is no the political parties	1.52
	i am not appearing for sbi	1.44
	i have to yet to convince your ladyship their submission is that section 9 is the only limitation and since section 9 does not prohibit other levy we can have law providing for other levy that submission is wrong that's the main dispute	17.76
	submission my lord similar kindly come to debates of 1981 same volume page 1680	6.08
	i am not interpreting my only purpose was to support my argument with order 22 rule 6 a	5.52
	page 5 page 4 pdf 5 i am sorry pdf 4 i'll skip what is not relevant but what is relevant please allow me to read this history relates back to the industrial policy i am not reading it but i'll just i have annexed my lords historically not immediately but at some time after independence we declared our industrial policy first was '48 and thereafter '56 i have annexed it for your lordship's reference and record but i am not going to read it but the intention to place	29.68
	that contains a residuary entry saying that any other agreement not provided for will be subject to the stamp duty	4.24
	is taken into consideration by the parliament by this law made for development and regulation of minerals that's my respectful submission	8.16
	before the learned attorney starts there is a small request my lord if i can make	4.4
	i have taken my lord i will take the copy there is no difficulty	3.92
	my lords para 9 may be seen with para 14 that's all of course numbers may not decide the validity but	7.04
	of factors as aforesaid which would guide it to fix enhance or modify the rate of royalty or dead rent payable by a lessee my lord similar are the judgment my lord i am not duplicating but kindly treat them as read my lord	14
	that is for your lordship's consumption my lord not that other side will be	3.28
	for a specific section in a law relating to mineral development in this context please read it again my lord 'taxes on mineral rights subject to any limitations imposed by parliament by law relating to mineral development' there is a law relating to mineral development my lord there would not be any negatively worded section prohibiting another legislature from taxing	21.2
	i am grateful but not in law that you have a law relating to mineral development what is that in law in that law	6.96
	may i come to that answer my lord a little later 10 minutes later before that i want your lordship to see how section 9 is understood and how that consultative process has taken place it would be necessary my lord before you	16.08
	lordships section 36 of the stamp act which says once it is admitted into evidence it will not be gone into so legislature while we are making a fiscal statute itself was cognizant that you can have some instruments flipping through the siege of evidence and then there is no question of putting the clock back going back on the admissibility of that instrument that's why neither section 33 nor section 35 invalidates an instrument they only say it will not be received in evidence but and section 36 says once it has been received in evidence there is no question of unscrambling	29.92
	and that would be so about even majority institutions i do not know annamalai may even be a majority institute	4.4
	exactly i was coming to 14 i am obliged	2
	be against the development of the mining industry that is how they are approaching the difficulty for me is my lord after i'll come to the act immediately but apropos this query my lord after india cement when the state was not permitted to levy anything other than royalty they were compensated by the respective study group by increasing royalty so it is	29.92
	4096.7 kilometre indo bangladesh border length feasible length for fence is about 3922 kilometres and non feasible length is about 174.5 km when there is a mountainous terrain or river there is no fencing possible to secure the indo bangladesh border government of india has taken multipronged step to complete the remaining length either by fencing fence or by technological	29.52
	it will spill over	0.96
	volume	0.4
	malpe judgment is only on rent act and its validity your lordships are not concerned	6.16
	the similar thing happened my lord with visva bharati act my lord i stand corrected my lord my instructions are there was no degrees being given by visva bharati shantiniketan my lord but when the act came into force post constitution in 1951 my lord i could get it during the my lord i have shared it	18.64
	hind and another judgment on the question what is the meaning of an ambit in the scope of the term regulation my respectful submission would be regulation would also include a prohibition against any levy and there are some judgments on that if your lordships kindly come to my written submissions which is 2 f my lord justice pardiwala had 2 e kindly ignore 2 e 2 f at page 45 that is my reading	30
	the person who has an interim order inuring in his favour has once persuaded the competent court to grant it the respondent has done nothing to get that vacated so unequals are being treated as equals and therefore also this needs to this is not a correct law then next point is whenever any court passes an order it passes broadly strong prima facie case balance of convenience and irreparable injuries after six months whether those	29.84
	separate departments so i'll have to ask several people to collude with me if i want to get the information because i have not given that but this centre global information technology centre also as i was explained i was also not explained in detail and nor did i insist but they also have three four layers it goes the request with the court order goes to one he will open then it goes at a second layer then he opens my lord and everything is digitized	30
	of our population including the muslim community the responsibility for the educational development of every section of the population has been taken by the state maybe it is the some part of it with the union government and the other part is with the state government if the educational development of the entire country and all sections of the population is to be ensured it would be necessary to see that the state plays its due part any single institution cannot be maintained by the	29.52
	yes volume v page 1569 it starts at 1561 my lord but i am pointedly inviting your lordship's attention to the relevant part pdf is 1575 i am sorry my lord 1575	12.96
	go through it at leisure if required 2.4 your lordships have my lord 121 or may i read 'with a view to have comprehensive review of the royalty rates on all minerals in terms of its impact on production mineral based industries export and the state revenues for the first time in the year 1966 union government set up a study group this study group submitted its report in 1968 and recommended delinking of royalty rates from the pit's mouth value for most of the	29.84
	then there is no coalition also	0.96
	page 15 number of colleges there are eight colleges affiliated and the next is 'number of centres' they have centres all over the countries my lord i am not right now addressing your lordships on that because that's not the question but t.m.a pai says for the purpose of deciding minority the unit is state muslims are not minority in kashmir what would happen if they have a learning centre in kashmir that's not the right now the question and therefore i am reserving that argument please see number of centres they have 23 centres all across the country then number of academies they have three academies number of institutes number of schools and the number of students please come to para 16 page 16 bottom how many students are studying	29.6
	form to the sbi main branch mumbai main branch where it remains sealed till the contingency under clause 74 arises so guwahati where purchases are made or trivandrum where purchases are made we will send it in a sealed form to bombay so far as the redemption of these bonds by the political parties is concerned each party can deposit such bond only in their designated account in account details of the political party also only the amount of the bond	29.92
	no no otherwise otherwise my lord just a little	2.48
	versus one and popularly the four were known as the four horsemen and less known fact is the three were known as the three musketeers that in america this is possible but be that as it may no i am sorry nine but one was being convinced by justice mccraine also it is believed that he used to convince but let's not go into it this is lochner vs new york ultimately overruled	25.84
	exactly because that will somewhere we will have to have a national perspective my lord we will have to have national perspective keeping in mind the global scenario and this exercise cannot be left to my lord the provincial interest narrow provincial interest narrow i am not using it in a bad sense but when i am deciding for one particular state my lord my examination would be a narrow examination	29.92
	donee each other would not know	1.68
	my lord only two or three things	1.68

same test would have to be applied and your lordships have in vidya drolia held that the test for the purposes of 8 and 11 are synonymous it's the same test that applied to 8 and 11 your lordships may kindly note the paragraphs which are in vidya drolia those are 144 145 147.5 in vidya drolia my lord 144 145 147.5 i will give the page numbers also my lord kindly bear with me for a moment your lordships would find my lords 144 at pdf 189 145

29.36

clean money and substantial transparency coming into the system of political funding a donor can purchase electoral bonds from a specified bank only by a banking instrument he would have to disclose in his account the amount of political bond that he has purchased the life of the bond would be only 15 days a bond can only be encashed in a pre declared account of a political party every political party in its returns will have to disclose the amount of donation it has received through electoral bonds to the election commission the entire

29.6

that this is what happened as my lord i'll not reread it but everyone was clear including the government but especially mr banatwala that unless you give and what was the amendment suggested amendment was 'administration to be given to muslims' that was within inverted commas and the minister says no it will be as per the act if as per the act your lordships finds that it was muslim administration that's a separate thing but if that is so

22.56

my lord para 50 on the page 70 my lord that's exactly what your lordships hinted interestingly on the aspect of the offense of bribery being complete outside the legislative house or parliament itself even the majority view holds the same majority view to the extent it holds that prosecution against so and so would continue thus on the sole understanding that the offense of bribery was complete outside the house itself and does not require a vote in the house then my lord i may not read your lordships

29.92

your lordship order is clear what your lordship meant

2.88

that would in my submission necessarily mean that if you put any other burden the balance at the national and international level will be disturbed that's the only similar answering my lord the chief justice's query my lord please come to pdf 136 'criteria for determining royalty rates your lordship gets it my lord can i read my lord kindly come to f and g f my lord i am not reading the rest

25.36

consideration received by him as his white money because section 4 clause c being out of the way he can account for the possession of such money by showing that he has received it as a consideration for sale of spatial bearer bonds and so far as the purchaser is concerned if he has paid the consideration out of his black money he can claim the immunity granted in the clause 3 thus the black money of the seller which had been converted into white on his subscribing to or otherwise acquiring special bearer bonds would remain

29.6

because time is the essence of that particular legislation so time fixation first of all has to be by the competent legislature and for the purpose of the object which that particular act seeks to achieve it is always object specific then my lord your lordships are aware order 8 rule 1 required that unless you file your written statement

21.68

lordships first is rustom cavasjee cooper your lordships know the judgment it's a bank nationalization case

6.64

yes my lord i am just giving you examples where my lord the legislature has itself told us that a fiscal pre condition is not such

7.28

v kesoram dissent justice s.b sinha's dissent my lord

4.32

kindly my lord take entry 50 for a minute my lords during lunch hours something my lord to assist your lordships and answering the query very pertinent questions your lordships have put my lord this is my respectful submission entry 50 'taxes on mineral rights subject to any limitations imposed by parliament' now this is kindly mark by law relating to mineral development what possibly we are reading right now is under a law relating to mineral development we are searching

30

yes yes

0.4

i have the debates also in my note

3.28

that's how my lord our understanding of my lord the chronology is

2.96

cpc your lordships would find that in volume 4 a at page 727

5.04

correct but my lord my respectful submission

2.16

yes otherwise it would have been challenged as an executive act

2.88

as follows that in amendment number 35 of list i in the proposed entry 64 of list i further words the control the words development and control be substituted this was not done kindly come to the next page dr ambedkar my lord somewhere in the middle my lord your lordships will find

18.08

i will just my lord 'one of the steps taken by the society was to open a school in 1973 three years later sir it became a high school and in 1977 the foundation stone for the establishment of a college was laid sir syed ahmed khan died in 1880 my lord it should be 1877 and 1873 '1880 but the idea of establishing a university gathered strength even after his death the muslim university foundation committee had started collecting funds for setting up the university the mao college aligarh had by that time grown into a leading

29.92

what your lordship means 'answer'

1.52

and in manner provided in part 5 and 6 of these presents and shall also pay and discharge please see my lord all taxes rates assessment and impositions whatsoever being in the nature of public demands which shall from time to time be charged.so public demands my lords kindly underline assessed by the authority of the central and state government upon or in respect of

29.12

'international rates and at the same time ensure rapid development of mining industry and augmentation of revenue earnings of the state governments this is treated as a part of development of mining industry this national level price fixation is treated as a part of development of mining industry which is the act therefore my lord i said 'the act itself is a limitation i'll point out the specific provisions

30

16 my lord page 16 is our understanding of the reference my lord

4.48

it's on the price structure also

1.68

within that 3 to 4 years that's the question my lord which will have to be asked

3.44

in case of the new mines granted after 11 january your lordship knows in 2015 auction regime took place otherwise it used to be first come first served et cetera 'against this high incidence of taxation prevailing in the country the internationally effective tax rate is in the range of 31 percent to 45 percent as depicted in the table given at the end of the chapter the mining sector in india is heavily taxed and not only in comparison to international level please mark this 'but

29.92

lordships have physical copies and i am not having but i am at fault my lord i'll invite your lordships attention only to few points my lord my lord suppose in a 227 or a 482 jurisdiction an accused approaches the court saying that there is no valid sanction high court is satisfied and high court says that 'till the sanction is granted trial not to proceed the six month period my lord the judgment takes away the discretion of the high court to say that the stay would inure a

29.92

anyway i leave it at that i don't want to embarrass mr sibal

4.16

balancing element in the present policy is clause 74 of the electoral bond scheme clearly provides for disclosure in case of appropriate proceedings before the competent court or criminal proceedings my lord then i'll not bother your lordships further my lord then kindly come to page 73 financial policy and limits of judicial review i am not going to read the whole i'll just read the highlighted part because that would in the facts of the case be very very relevant and direct for assisting your

29.44

i would invoke

2.32

my lord may i respond to your lordships concern and it's a very valid concern my lord we shared concern but what was the reason why that was removed the experience had shown that in a given sector for example where the business environment should be business friendly in terms of the administrative or political setup some companies wanted to donate say 10 percent or 15 percent right now there was a cap 7.5 percent what used to happen was that company would create shell companies so i would as a main company

29.84

the information furnished by the buyer shall be treated confidential by the authorized bank first part this is the mandate of the scheme correct my lords

9.36

them nobody can be discriminated against hindus muslim sikhs everyone are at par now earlier an argument used to be raised that there is an exception to this under sub article 5 which is not accepted your lordships have said that sub article 5 is not an exception but another facet of equality because the government the nation the country wanted scheduled caste scheduled tribes socially and educationally backward classes also to be at par and therefore sub article 5 was introduced 'nothing in this article or in sub clause g of clause 1 of article 19 shall

29.68

it is an order my lord kindly see

0.96

i didn't digress your lordships on how we addressed their concerns et cetera because it was more a consultative process with them after having received that

12.64

of parliament is as sacrosanct as my lord independence of judiciary or independence of executive that's the judgment on this then my lord page 46 examples of exercise of power by parliament itself this may be of some interest to your lordships of course this may not assist your lordships in arriving at any conclusion on the question on it but whatever examples we could find out in india that how this power of self regulation is utilized

29.92

touching the soil by satellite imaging or whatever one would first decide whether there is any mineral in the land second would be 'prospecting of mineral' so there is a prospecting license regime where you excavate just to find out whether there is any mineral sometimes you are trying to find out 'a' mineral and you find 'b' mineral there is a provision made then you have to surrender your lease and give it to the government back if instead of uranium something else is found and third is

29.92

my lord please read para 16 and 17 at page 2194 para 16 here also it was concerned with the black money part therefore i am tempted to read 16 your lordship gets page 1924 2194 sorry 2194 it was then urged your lordships gets 'it was then urged on behalf of the petitioners that section 4 clause c operates only in relation to a period i am sorry para 16 just

26.56

including the central government in the eventuality contemplated under clause 74 there is a scientific system available whereby this confidentiality can be decoded by a process and be placed before the competent authority or court under clause 74 of the scheme it will not be in the interest of the scheme to put it in public the mechanism which will be used while decoding information for being provided as required under clause

30

yes my lord

0.96

my lord a somewhat similar situation was there under the new land acquisition act that period of five years from the stay granted by the high court was to be excluded and court said that it's not in the litigant's hand when the stay would be vacated when it could be granted modified etc so my lord that is my second point coming to page two of my note there is a constitution bench judgment which asian resurfacing misses to note that is raza buland sugar company vs municipal

30

certainly my lord i am conscious of the fact that the consultation is not statutorily contemplated that's what my lords are very rightly putting it to me but the consultation is read in every provision that's what i am going to show please take my written submissions my lord

16

all of us have jointly requesting you to mention on monday

3.52

page 24 rajendra pratap singh bihar page 24 only the highlighted black highlighted part what we are doing in this bill is to denude the state of all their powers and responsibilities not only with respect to the minerals mentioned in schedule 1 which is very comprehensive but in some respect we have even taken away the regulatory powers of the state in respect of all other

29.44

i have relied upon that my lords please see ill just we have quoted that judgment your lordships judgment in demonetization my lord i'll just give that cite but the pagination but i am relying upon the

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yes

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only a minute mr ramachandran

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imports for certain minerals and regulation of exports of domestic minerals use of which is needed for the core domestic industries now please note this my lord 'the import and export is mostly based upon the comparative price fixation in domestic as well as global market and such price fixation shall depend upon the levy of royalty and other others imposed on each mineral in india meaning thereby if we overtax a particular mineral or

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none of us on this side have substantially bored your lordships your lordships would find some of the judgments name familiar but the relevant paras my lords were missed therefore we may have to read it and only unavoidable repetition would be there otherwise my lord we will ensure that there is no repetition

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my respectful answer would be no the simple reason is that history always has several shades my lord absent annamalai part in the act which i have shown suppose that would not have been taken care of recognized by the statute there may be five versions of history that not missed sir annamalai it was sir chettiar also who was running it was not sir annamalai it was somebody else also who contributed money it was not sir annamalai the entire i

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we are just sharing my lords this is not the list prepared by us

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interpreting the entries also then 412 my lords this objective would be totally defeated by the impugned levy of cess on coal that has resulted in coal produced in the state of west bengal totally unremunerative and uncompetitive the price of coal so producing being much higher than the price of coal produced in the adjoining state of bihar up odisha m.p and maharashtra as shown in the comparative chart below your lordships may please ignore that chart 413

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i am not reading this puttaswamy all of my lords have read and read it but the purpose i'll say my lord your lordships have devised this concept of informational privacy your lordships were examining two competing interests namely one right to know and second right to have informational privacy and your lordships have accepted information privacy to be a fundamental right if my lord i am the person donating and if your lordships conscience is satisfied that system is in public interest

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there are 29 factually nothing turns on that 29 designated branches

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immediately i'll come to the scheme this is a report of the study group for revision of rates please mark this my lord this exercise happens every three years as per section 93

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amending is a legislative function i cannot make this

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section 3 of the stamp act section 3 of the stamp act

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someone may have to collate to assist your lordships from registry or whichever authority

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39 b my lord can still survive my lords it's an independent provision as a directive principle the only

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privilege as such and therefore i am not reading any of these judgments then development of the law on privileges again from the narrow compass of bribery vis a vis privilege do not have much assistance but since your lordship said that whatever research we have done please place it so that your lordships gets everything on one page so that's what we have done

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there is no the political parties

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i am not appearing for sbi

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i have to yet to convince your ladyship their submission is that section 9 is the only limitation and since section 9 does not prohibit other levy we can have law providing for other levy that submission is wrong that's the main dispute

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submission my lord similar kindly come to debates of 1981 same volume page 1680

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i am not interpreting my only purpose was to support my argument with order 22 rule 6 a

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page 5 page 4 pdf 5 i am sorry pdf 4 i'll skip what is not relevant but what is relevant please allow me to read this history relates back to the industrial policy i am not reading it but i'll just i have annexed my lords historically not immediately but at some time after independence we declared our industrial policy first was '48 and thereafter '56 i have annexed it for your lordship's reference and record but i am not going to read it but the intention to place

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that contains a residuary entry saying that any other agreement not provided for will be subject to the stamp duty

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is taken into consideration by the parliament by this law made for development and regulation of minerals that's my respectful submission

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before the learned attorney starts there is a small request my lord if i can make

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i have taken my lord i will take the copy there is no difficulty

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my lords para 9 may be seen with para 14 that's all of course numbers may not decide the validity but

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of factors as aforesaid which would guide it to fix enhance or modify the rate of royalty or dead rent payable by a lessee my lord similar are the judgment my lord i am not duplicating but kindly treat them as read my lord

14

that is for your lordship's consumption my lord not that other side will be

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for a specific section in a law relating to mineral development in this context please read it again my lord 'taxes on mineral rights subject to any limitations imposed by parliament by law relating to mineral development' there is a law relating to mineral development my lord there would not be any negatively worded section prohibiting another legislature from taxing

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i am grateful but not in law that you have a law relating to mineral development what is that in law in that law

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may i come to that answer my lord a little later 10 minutes later before that i want your lordship to see how section 9 is understood and how that consultative process has taken place it would be necessary my lord before you

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lordships section 36 of the stamp act which says once it is admitted into evidence it will not be gone into so legislature while we are making a fiscal statute itself was cognizant that you can have some instruments flipping through the siege of evidence and then there is no question of putting the clock back going back on the admissibility of that instrument that's why neither section 33 nor section 35 invalidates an instrument they only say it will not be received in evidence but and section 36 says once it has been received in evidence there is no question of unscrambling

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and that would be so about even majority institutions i do not know annamalai may even be a majority institute

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exactly i was coming to 14 i am obliged

2

be against the development of the mining industry that is how they are approaching the difficulty for me is my lord after i'll come to the act immediately but apropos this query my lord after india cement when the state was not permitted to levy anything other than royalty they were compensated by the respective study group by increasing royalty so it is

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4096.7 kilometre indo bangladesh border length feasible length for fence is about 3922 kilometres and non feasible length is about 174.5 km when there is a mountainous terrain or river there is no fencing possible to secure the indo bangladesh border government of india has taken multipronged step to complete the remaining length either by fencing fence or by technological

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it will spill over

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volume

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malpe judgment is only on rent act and its validity your lordships are not concerned

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the similar thing happened my lord with visva bharati act my lord i stand corrected my lord my instructions are there was no degrees being given by visva bharati shantiniketan my lord but when the act came into force post constitution in 1951 my lord i could get it during the my lord i have shared it

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hind and another judgment on the question what is the meaning of an ambit in the scope of the term regulation my respectful submission would be regulation would also include a prohibition against any levy and there are some judgments on that if your lordships kindly come to my written submissions which is 2 f my lord justice pardiwala had 2 e kindly ignore 2 e 2 f at page 45 that is my reading

30

the person who has an interim order inuring in his favour has once persuaded the competent court to grant it the respondent has done nothing to get that vacated so unequals are being treated as equals and therefore also this needs to this is not a correct law then next point is whenever any court passes an order it passes broadly strong prima facie case balance of convenience and irreparable injuries after six months whether those

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separate departments so i'll have to ask several people to collude with me if i want to get the information because i have not given that but this centre global information technology centre also as i was explained i was also not explained in detail and nor did i insist but they also have three four layers it goes the request with the court order goes to one he will open then it goes at a second layer then he opens my lord and everything is digitized

30

of our population including the muslim community the responsibility for the educational development of every section of the population has been taken by the state maybe it is the some part of it with the union government and the other part is with the state government if the educational development of the entire country and all sections of the population is to be ensured it would be necessary to see that the state plays its due part any single institution cannot be maintained by the

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yes volume v page 1569 it starts at 1561 my lord but i am pointedly inviting your lordship's attention to the relevant part pdf is 1575 i am sorry my lord 1575

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go through it at leisure if required 2.4 your lordships have my lord 121 or may i read 'with a view to have comprehensive review of the royalty rates on all minerals in terms of its impact on production mineral based industries export and the state revenues for the first time in the year 1966 union government set up a study group this study group submitted its report in 1968 and recommended delinking of royalty rates from the pit's mouth value for most of the

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then there is no coalition also

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page 15 number of colleges there are eight colleges affiliated and the next is 'number of centres' they have centres all over the countries my lord i am not right now addressing your lordships on that because that's not the question but t.m.a pai says for the purpose of deciding minority the unit is state muslims are not minority in kashmir what would happen if they have a learning centre in kashmir that's not the right now the question and therefore i am reserving that argument please see number of centres they have 23 centres all across the country then number of academies they have three academies number of institutes number of schools and the number of students please come to para 16 page 16 bottom how many students are studying

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form to the sbi main branch mumbai main branch where it remains sealed till the contingency under clause 74 arises so guwahati where purchases are made or trivandrum where purchases are made we will send it in a sealed form to bombay so far as the redemption of these bonds by the political parties is concerned each party can deposit such bond only in their designated account in account details of the political party also only the amount of the bond

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no no otherwise otherwise my lord just a little

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versus one and popularly the four were known as the four horsemen and less known fact is the three were known as the three musketeers that in america this is possible but be that as it may no i am sorry nine but one was being convinced by justice mccraine also it is believed that he used to convince but let's not go into it this is lochner vs new york ultimately overruled

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exactly because that will somewhere we will have to have a national perspective my lord we will have to have national perspective keeping in mind the global scenario and this exercise cannot be left to my lord the provincial interest narrow provincial interest narrow i am not using it in a bad sense but when i am deciding for one particular state my lord my examination would be a narrow examination

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donee each other would not know

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my lord only two or three things

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