..., the supposed consequence has to be rejected. Besides, the doctrine of implied prohibition which is necessarily based on the principle of inherent limitations has been rejected by this Court in the...structure. It is wholly out of place in matters relating to the validity of ordinary laws made under the Constitution.”239. The doctrine of “implied .... 150 it has been stated:“The doctrine of “implied prohibition” against the exercise of a power once ascertained in accordance with ordinary rules of constructio...

...Act is changed beyond recognition and topography of Santiniketan itself is affected thereby, the Court should invoke the doctrine of “implied prohibition” for giving a true meaning of the Act. Our...S.B Sinha, J.— Leave granted.Introductory remarks2. The appellants herein are residents of Santiniketan in the district...of Birbhum of the State of West Bengal.3. Visva-Bharati University (the University) was conceived and established by Rabindranath Tagore, the great poet, story writer, song...

.... Taylor. But a procedural provision, as in Rule 8(7)(c), does not contain any implied prohibition so as to bar other modes of performance. Rule 8(7)(c) does not confe...implied prohibition. A statutory duty of doing something within a time-frame, as opposed to an exercise of statutory power, has been held...The Judgment of the Court was delivered byPranab Kumar Chattopadhyay, J.:— In view of dismissal of the writ petition by the learned Single Judge, appellant herein has...

...a procedural provision, as in Rule 8(7)(c), does not contain any implied prohibition so as to bar other modes of performance. Rule 8(7)(c) does not confer a power so as ...implied prohibition. A statutory duty of doing something within a time-frame, as opposed to an exercise of statutory power, has been held to be...Debasish Kar Gupta, J.:— Let the affidavit-of-service filed by the petitioner be kept on record.This writ application is directed against an order passed by the respondent...

...the doctrine of implied prohibition by holding as under:— “2087. In considering the petitioner's argument on inherent limitations, it is well to bear in mind some of the...2004 in granting interim custody, therefore, the principle of implied prohibition would not be applicable in the light of the judgment of the Supreme Court in the matter of...basic principles of interpretation. Absence of an express prohibition still leaves scope for the argument that there are implied or inherent limitations on a power, but absence of an express ...

...”. With reference to the doctrine of implied prohibition against the exercise of power ascertained in accordance with ordinary rules of construction, Knox, C.J, in the Amalgamated Society ...there is no scope for invoking implied limitations on that power: further the doctrine of implied power has been rejected by the American Courts and jurists. (4) The object of the amending clause in a...and that they are no more sacred from a legal standpoint than any other part of the Constitution. Dealing with the doctrine of implied limitations, he says that it is clearly untenable. Posing the...

...the absence of such provisions and the Act of 2001 being silent on the same issue, the doctrine of merger in this case cannot be applied. Further, the doctrine of implied ...applicable in the present case. The doctrine of implied prohibition is a principle of statutory interpretation according to which, when a law or a statute directs that a thing is to be done in a certain...is highly relevant for interring that there is no implied prohibition. The two acts are not inconsistent with each other. Mr. Mukherjee has submitted that the Act of 1997 is a general st...

...installing a board of administrators even in the most extraordinary situation. The doctrine of implied prohibition is not so strict or ubiquitous that when the legislation is silent on an aspect it...Kolkata Municipal Corporation in all its features, no implied prohibition of the exercise of executive authority need be read into it, particularly to deal with exigencies of such proportion as the...has to be limited to what is in consonance with the legislation and nothing can be done which is in derogation of or at variance with the legislation covering the field. The implied prohibition on an...

...an “implied prohibition” in the Constitution against the exercise in relation to a State of legislative power of the Commonwealth once ascertained in accordance with the ordinary rules of construction, a ...Engineers v. Adelaide Steamship Co. Ltd. which unequivocally rejected the doctrine that there was an implied prohibition in the Constitution against the exercise in relation to a state of a...explicitly that the doctrine of ‘Implied prohibition’ against the exercise of a power once ascertained in accordance with ordinary rules of construction, was definitely rejected by the Privy Counc...

...”. “The use of the doctrine of implied prohibition to restrain action which would normally be beyond the court's control is a particularly striking feature of this decision”, as observed by Wide...giving any directions for the inclusion of a name in the roll of municipality after the date for making nomination for any election. In view of the total prohibition contained in...1. The petitioner herein seeks a writ of certiorari to quash the order of the Principal Sub-ordinate Judge-Cum-Election Tribunal Srikakulam setting aside the election of the petitioner as...

...India, Judges of courts including superior courts, Attorney General of India, Comptroller and Auditor General of India and Governor of a State, implied prohibition is implicit. It is urged by him ...constitutional authority. The learned Senior Counsel would contend that the doctrine of implied limitation has been accepted as a principle of interpretation of our organic and living Constitution to...Kesavananda Bharati v. State of Kerala (1973) 4 SCC 225 to highlight that the applicability of the ...

...redundant but so far as the transferability of the holding by the thika tenant is concerned, there is no prohibition express or implied. The doctrine of privity of estate has been applied in India...no specific provision is made nor is there any prohibition in the special Act under our consideration, the relationship of landlord and tenant will be governed by the provisions of...1. A short but interesting point of law is involved in this Rule. The point of law for determination is whether the interest of a thika tenant in his holding is transferable...

...belonging to the Commonwealth, nor shall the Commonwealth impose any tax on property of any kind belonging to the State.”The doctrine of immunity of instrumental...inclusion of the aforesaid provisions shows that the question of interference on the part of the Federal and State powers as against each other was not left to an “implied prohibition or limitation...to the prohibition which this Court has held to be implied from the nature of the Constitution as to the taxation of State or Commonwealth agents, the phraseology is such as to point to taxation of...

...vehemently urged that whatever was not permitted expressly or by necessary implication by the Act was prohibited to be done not by any express or implied prohibition of the legislature but by the doctrine ...certain time, express or implied, or in perpetuity in consideration of a price paid or promised, or of money, a share of crops, service or any other thing of value, to be rendered periodically or on...Prithvi Raj, J.:— Since common questions of law and facts are involved in these civil revision petitions, it would be appropriate to dispose them of by a single judgment.2...

...in regard to the adoption deducible from such dispositions. The inference of implied prohibition is not dependent merely on the disposition of the property in this case. The doctrine of adoption i...spiritual benefit which Adi Ramaswami Ayyar would have by the birth of a son or the existence of an adopted son, the prohibition of an adoption ought not to be implied; on the other hand, the adoption ...by reason of an implied prohibition by her husband of an adoption to him. There can be no doubt that if there is a prohibition by the husband, the adoption by the widow even with the consent of th...

..., as whatever is not permitted expressly or by necessary implication by the Act and the Rules, is prohibited not by any express or implied prohibition by the Legislature but by the doctrine of ultra...I.B Singh, M.:— This is are vision against order dated 9.11.1977 passed by Tahsildar/A.C 1st Class, Kulpahar, district Hamirpur in a case under rule 115-C of the U.P.Z.A & L.R Rules...had filed an objection alleging that he had pur chased the trees from the Gaon Sabha for a sum of Rs. 400/- which had been paid by him and had filed original receipt.2. The learned...

...maintenance to the courts, a specific provision could have been made. In my opinion, the doctrine of implied powers should not be too readily invoked, while interpreting statutory provisions of codified law ...necessary implication. Further the doctrine of implied powers can only be invoked when...it carries with it, the power of doing all such acts as are reasonably necessary for its execution in the absence of any express prohibition. In short, the argument is based on legal maxim—“quando lax...

...doctrine that there was an 'implied prohibition" in the "Constitution" against the exercise in relation to a State of a legislative power of the Commonwealth once ascertained in accordance with the ordinar...unequivocally rejected the doctrine that there was an implied prohibition in the "Constitution" against the exercise in relation to a State of a legislative power of the Commonwealth in accordance with the...: "........we should state explicitly that the doctrine of "implied prohibition" against the exercise of a power once ascertained in accordance with ordinary rules of construct...

...expressly or by necessary implication by the constituting instrument is prohibited not by any express or implied prohibition of the legislature but by the doctrine of...for discharge. (b) The contention of petitioner that the doctrine of vicarious liability cannot be invoked where the offence is committed by the company, is bit... - 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2024...