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...law which will nevertheless be on the Statute Book as a valid law binding on non-citizens and if the shadow is removed by a constitutional ,amendment, the law will immediately be applicable even to the...doctrine of severability-are in conflict with the provisions of Part III, the statute, in whole or in part, is void ab initio. This question was subjected to judicial scrutiny by this...what examination has been given to this subject, it appears that whether a statute is constitutional or not is always a question of power; that is, a question whether the legislature in the particular...
...imposing levy of import duty by the State of Punjab in exercise of its powers conferred upon it under Sections 31, 32 and 58 of the Punjab Excise Act, 1914 (hereinafter referred to as “the Punjab Act...strength and quality of such article.32. Manner in which duty may be levied.—Subject to such rules regulating the time, place and manner as the...liquor permitted to be imported under Section 6 thereof. Section 18 deals with the manner in which such duty should be imposed. Sections 31 and 32 of the Punjab Act are in pari materia with Section...
..., while reiterating the earlier made submissions. The ARs undertook to file detailed written submissions by September 12, 2018. (xi) Vide separate letters dated September 12...to the ARs. Noticee-3 and Noticee-4 also sought fresh hearing upon furnishing of documents. (xxiii) The ARs of RIL and Noticee-2 attended the hearing on January 24...February 18, 2020. (xxiv) The documents agreed upon to be provided during the hearing on January 22, 2020 were provided to the ARs of Noticee-3 and Noticee-4 vide email...
.... Tendolkar AIR 1958 SC 538, 1959 SCR 279 submitted that this Court has laid down the law that the constitutionality of a statute must be presumed and the onus to prove that the...statute is unconstitutional is upon the person who asserts the same. Only two tests, namely, as to whether the classification is reasonable and based on an intelligible differentia stood the test of....”32. Answer to the said question must, therefore, be rendered in the negative.33. The second question that arises for our consideration is, whether reservat...
...subject to the scrutiny of the Government. It is his submission that though in the field of cricket it enjoys a monopoly status the same is not conferred on the Board by any statute or by any order of...expression “other authorities” is wide enough to include within it every authority created by a statute on which powers are conferred to carry out governmental or quasi-governmental functions and...and must be pervasive. If this is found then the body is a State within Article 12. On the other hand, when the control is merely regulatory whether under statute or otherwise, it would not serve to...
...distinguishes persons or things that are grouped together from others left out of the group, and (ii) that that differentia must have a rational relation to the object sought to be achieved by the statute...placed in one or other of the following five classes: (AIR pp. 548-49, para 12)“12. … (i) A statute may itself indicate the persons or things to whom its...provisions are intended to apply and the basis of the classification of such persons or things may appear on the face of the statute or may be gathered from the surrounding circumstances known to or brought...
...jurisdiction of the High Court in England, whether existing by virtue of any statute or otherwise and the Colonial Court of Admiralty may exercise such jurisdiction in like manner and to as full an...)“In other words, what is now called a claim in respect of goods or materials supplied to a ship for her operation or maintenance is the equivalent of what used to be called a claim for nec...within para (e).”32. The question, however, is as to whether having regard to the changed situation unpaid insurance premium should be held to be a...
...context in which the expression was used in the statute it was construed to have the wider meaning viz. “connected with”.34. In the context of motor accidents the...S.C Agrawal, J.— The questions raised for consideration in this petition for special leave to appeal involve the interpretation of the expression “arising out of the use of a...motor vehicle” contained in Section 92-A of the Motor Vehicles Act, 1939 (hereinafter referred to as ‘the Act’).2. On October 29, 1987, at about 3 a.m, there was a collision...
...offence by a judgment is equivalent to the “State passing a law in contravention of the rights conferred by Part III” for the purpose of enabling the person to file a petition under Article 32 to...Bench of 11 Judges by a majority of 10 to 1. The majority referred to the meaning of compensation as an equivalent of the property expropriated. It was held that if the statute in providing for...indeed be strange that rights which are considered to be fundamental and which include one which is guaranteed by the Consitituiion (vide Article 32) should be more easily capable of being abridged or...
...incuriam e.g where a statute or a rule having statutory effect which would have affected the decision was not brought to the attention of the earlier court. [See Young v. Bristol Aeroplane Co...caution, and only when the previous decision is manifestly wrong, as, for instance, if it proceeded upon the mistaken assumption of the continuance of a repealed or expired statute, or is contrary to...proceeded upon the mistaken assumption of the continuance of a repealed or expired statute and that we should not differ from a previous decision merely because a contrary view appears to us to be...
...Supreme Court of Missouri reversed, holding that under a statute in the State of Missouri it was necessary to prove by clear and convincing evidence that the incompetent person had wanted, while...peacefully.4. We could have dismissed this petition on the short ground that under Article 32 of the Constitution of India (unlike Article 226) the petitioner has to prove violation...patriae jurisdiction over adult mentally incompetent persons was abolished by statute and the Court has no power now to give its consent. In this situation, the Court only gives a declaration that the...
...the following words at p. 1158,“Another similar argument was that Section 167, Item 8 of the Sea Customs Act itself offended Article 14 in that it left to the...is stated after it. That expression is really equivalent to the words “up to” and can be easily substituted by them without affecting the sentence in any way. There is really no negative in the...construed in favour of a citizen and therefore Item 8 should be construed as permitting the imposition of a penalty up to Rs 1000 and no more. This rule of construction of a penal statute is...
...our people and our law. It does not need research to show that no such sweeping condemnation can be passed upon the statute before us. A reasonable man might think it a proper measure on the score of...country. This Court has the power to prevent an experiment. We may strike down the statute which embodies it on the ground that, in our opinion, the measure is arbitrary, capricious or unreasonable. We...cases like it, that it is the province of courts to draw on their own views as to the morality, legitimacy, and usefulness of a particular business in order to decide whether a statute bears too heavily...
...Religion” in Articles 25-28, “Cultural and Educational Rights” in Articles 29 and 30, “Right to Property” in Article 31 and “Right to Constitutional Remedies” in Articles 32-35. In this case we are directly...concerned only with the articles under the caption “Right to Freedom” (19-22) and Article 32 which gives a remedy to enforce, the rights conferred by this Part. The rest of the articles may have to...legislative control. The wording of Article 32 shows that the Supreme Court can be moved to grant a suitable relief, mentioned in Article 32(2), only in respect of the Fundamental Rights mentioned in...
...Central Excise (Level I), or equivalent or higher post, for at least 3 years. The Finance (No. 2) Act, 1996 amended Section 129(3) of the Customs Act, whereby it enabled the Central Government to...reference had arisen.4.7 The Finance Act, 2003 (32 of 2003) introduced a new Section 130. The remedy of a reference to the jurisdictional High Court, was substituted by a...Customs or Central Excise (or any equivalent or higher post) for at least 3 years. The Central Government had the power to appoint a person, who was or had been a Judge of a High Court, or who was one of...
...that the NDPS Act, being a penal statute, is in contradistinction to the Customs Act, 1962 and the Central Excise Act, 1944, whose dominant object is to protect the revenue of the State, and that..., it is a balanced statute which protected both the investigation of crime, as well as the citizen, in that several safeguards were contained therein. He was at pains to point out that it was not his...”.(3) “To be a witness” is not equivalent to “furnishing evidence” in its widest significance; that is to say, as including not merely making of oral or written statements but also production...
...Bhagwati, J.— These petitions under Article 32 of the Constitution raise the question as to the vires of the Working Journalists (Conditions of Service) and Miscellaneous...certiorari or prohibition, under Articles 32 and 226 of the Constitution, they would also not be amenable to the exercise of special leave jurisdiction under Article 136. Their decisions moreover would not be...empowered by a State statute to fix minimum rates of wages. The test applied for determining the character of that function may be stated in the words of Issacs J. at p. 317...
...technique, the trial courts must engage upon a case specific inquiry to determine the admissibility of such testimony.”32. We were also alerted to the decision in...Law Enforcement”] had surveyed some judicial precedents from USA which dealt with the forensic uses of the narcoanalysis technique. The first reference is to a decision from the State of Missouri.... [Cited from Andre A. Moenssens, “Brain Fingerprinting—Can it be Used to Detect the Innocence of Persons Charged with a Crime?”, University of Missouri at Kansas City Law Review at p. 893...
...423 etc.) is different from primacy without being preceded by consultation which is equivalent to ‘veto’ and was, therefore, declined by Dr Ambedkar.5. The above view...process of adjudicating causes brought before them. In this connection Mr Parasaran drew our attention to a sentence from the book on ‘Constitutional Law’ (8th Edn. p. 32) by E.C.S Wade and A.W Bradly...equivalent to a requirement of the consent of the trustee, to be evidence by his signature to the conveyance and hence mortgages executed by the wife and her husband without the trustee's consent, and in...
...receive money on loan for temporary use intending to give either money or something equivalent back to the lender. In the facts of these cases, she contended that the something equivalent would be the...allottee to payment would exist, and therefore, would be included within the definition 32 of financial debt read with debt contained in Section 5(8) and Section 3(11.... 21. It may be stated that Sections 2, 20 to 39, 41 to 58, 71 to 78 and 81 to 92 of this statute were brought into force on 1st May, 2016. S...