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...Governments. The second view, which Reddy, J. adopts, is to take the position that the doctrine of presumption of constitutionality of legislations points in favour of holding that the Ac...Doctrine of Presumption of Constitutionality of Legislations requires the saving of the taxes which these Acts impose upon the commercial activities of State Governments. The Act..., the specification of the trading activities of State Governments which would be liable to Union taxation, be said to meet with that standard?120. The Doctrine of Presumption ...
...motives of the legislature in enacting a law which it is otherwise competent to make.22. By reason of the doctrine of presumption of constitutionality, the legislature mus....23. By reason of the doctrine of presumption of constitutionality, the legislature must be deemed to have been satisfied with the existence of conditions requiring such s...principle of law that there is always a presumption in favour of the constitutionality of an enactment and the burden is upon him who attacks it to show that there has been a clear transgression ...
...modification as mentioned in Article 372(2) does not take the matter very much further. The presumption of constitutionality of a statute is premised on the fact that Parliament understands the needs of th...presumption of constitutionality was raised. Ahmadi, C.J.'s dissenting opinion correctly states that if a pre-constitutional law is challenged, the presumption of constitutional validity would not obtain. ...Presumption of Constitutionality of Legislations requires the saving of the taxes which these Acts impose upon the commercial activities of State Governments. The Act is a pre-constitutional enact...
...doctrine of classification or any anxious and sustained attempts to discover some basis for classification may gradually and imperceptibly deprive the article of its precious content and end in replacing doctrine ...Holders respectively and the discrimination thus brought about between them. CWP No. 2082 of 1984 pertained to the constitutionality of the analogous provisions in the rules adopted by resolution No. 105...legitimised on the doctrine of classification. There may, conceivably, be cases where the differences in the educational qualifications may not be sufficient to give any preferential treatment to one...
...(AIR 1966 SC 1044) (supra) doctrine of presumption of constitutionality of an enactment has been upheld and it has been laid down tha...charges for the same.
25. It was then argued by Shri Mathur that, the presumption will always be in favour of the Constitutionality of the enactment, since it must be assumed that the..., in order to sustain the presumption of constitutionality, therefore, the court may take into consideration the matters of common knowledge, matters of common reports, of the times and may assume...
..., of the State Governments. The second view, which majority adopts is to take the position that the doctrine of presumption of constitutionality of legislations points in favour .... There seems to be no pressing reason for invoking the doctrine. Reddy, J. has, in the earlier part of his opinion, held that a large number of properties of State Governments would be exempt from taxes...1. Question No. 1:
The precise controversy which has been raised by the petitioners in this group of cases is whether Article 285(1) of the...
...powers under List III entry 42, along with entry 18 of List II, in my opinion. The assent of the President was not taken. Therefore, in my further judgment, this Act according to the doctrine of ...referred to as the “Tatas”) were heard by me between 28th July, 2011 and 16 September, 2011, when hearing was concluded. One challenges the constitutionality of the Singur Land...substance” doctrine. He referred to the portion of the judgment in paragraph 13 and said that if a legislation was substantially within one entry but some part of the legislation incidentally trenched upon...
...lean on the doctrine of initial presumption of constitutionality, and that is precisely what has happened in these cases. On the whole, therefore, we must hold that the petitioners have failed to show...whole, we are not satisfied that the plea thus raised by the petitioners can be said to displace and rebut the initial presumption of constitutionality in favour of the impugned statute...intended to be achieved by the impugned Act, the initial presumption of constitutionality would help the State to urge that the failure of the party challenging the validity to rebut the initial ...
...cannot merely blow up or magnify insubstantial or microscopic differences on merely meretricious or plausible differences. The over emphasis on the doctrine of classification or any anxious and sustained attempts to discover some ba..., Bangalore — ‘the Tribunal’, the constitutionality of Regulation 2 of the Indian Administrative Service (Appointment by Selection) Second Amendment Regulations, 1989 — ‘the IAS Second Amendment Regulations...Regulations, challenged its constitutionality before the Tribunal as that inhibited by Articles 14 and 16(1) of the Constitution of India, by filing an application therefor. Since the Tribunal...
...challenge which in substance means that the Act is unsustainable for the vice of unreasonable classification.10. It is a well settled principle of the Doctrine of Classification that:T...JUDGMENT:CHIEF JUSTICE1. This writ petition is filed by two petitioners, residents of Sydney, Australia. The first petitioner is the wife and the second is the...cause is some ‘Lupus’and it is an Immuno-Suppressive Stipulation which does not physically and practically allow the embryos of the mother to thrive and properly flourish in her body. The doctors...
...on the doctrine of classification or any anxious and sustained attempts to discover some basis for classification maygradually and imperceptibly deprive the article of its precious content and end in replacing ....
4. Mr. Dalal, on behalf of the petitioners contended that the doctrine of equal pay for equal work squarely applies to the facts of this case; he submitted that in all respects, the security...also ruled that if there are differences based on qualifications, rules, or conditions of experience, etc, the doctrine of equal pay cannot be applied by the courts. The nature of work may be more or...
...unsatisfactory, the court may have to allow the State to learn on the doctrine of initial presumption of constitutionality (vide Rani Ratnaprova Devi v. State of Orissa). In this ...irrational, or has no nexus with the object intended to be achieved by the impugned Act, the initial presumption of constitutionally would help the State to urge that the failure of the party challenging... - This is writ petition under article 226 of the Constitution by which the validity of a notice, issued by the Income-tax Officer, "A" Ward, Jodhpur, on April...
...thus: (AIR p. 45, para 10)“10. … it is the accepted doctrine of the American courts, which I consider to be well founded on principle, that the presumption is always in fav...it is the duty of the Court to uphold the constitutional validity of a statute and that there is always the presumption in favour of the constitutionality of an enactment. In this context, we may...AIR 1958 SC 538, this Court had ruled that there is always a presumption in favour of the constitutionality of an enactment and the burden is on him w...
...(1989) 3 SCC 709, AIR 1990 SC 123.)37. Applying the test of presumption of constitutionality, no case has been made o...others, that single individual may be treated as a class by himself;(b) that there is always a presumption in favour of the constitutionality of an...need is deemed to be the clearest;(e) that in order to sustain the presumption of constitutionality the court may take into consideration matters of...
...41, (1951) 21 Comp Cas 33 Fazl Ali, J. stated:“ … it is the accepted doctrine of the American Courts, which I consider to be well founded on principle, that the presumption is ...that we have not been able to appreciate it. The approach of the court, while examining the challenge to the constitutionality of an enactment, is to start with the presumption of ...following effect:“(b) that there is always a presumption in favour of the constitutionality of an enactment and the burden is upon him who attacks it to show that there has...
...which was causing all kinds of major problems. Hence in 1937 the US Supreme Court accepted Thayer's doctrine of judicial restraint, and the same was followed thereafter (except for the period of the Warren Court)....reasons applicable to him and not applicable to others, that single individual may be treated as a class by himself; (2) that it is the accepted doctrine of the American courts, which I consider to be well-founded on principle, that...restrictions to those cases where the need is deemed to be the clearest and finally that in order to sustain the presumption of constitutionality the court may take into consideration matters of common...
...microscopic differences on merely meretricious or plausible differences. The overemphasis on the doctrine of classification or any anxious and sustained attempts to discover some basis for classification may gradually and impercepti...-Section 2 of Section 12 of the West Bengal Panchayat Act is ultra vires the legislative competence of the legislature or violative of Part - III of the Constitution.The petitioner was...elected as Pradhan of Sahapur-I Gram Panchayat under Goalpokher-Block Development. Following a resolution being adopted by the members in the meeting, the elected Pradhan was removed from his office...
...the Court in matters relating to Article 14 is unsatisfactory, the Court may have to allow the State to lean on the doctrine of initial presumption of constitutionality, and that is precisely what has...failure of the party to show that the said classification is irrational or has no nexus with the object intended to be achieved by the impugned Act, the initial presumption of constitutionality would hold...the State to urge that the failure of the party challenging the validity to rebut the initial presumption goes against his claim that the Act is invalid. In all cases where the material adduced before...
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that single individual may be treated as a class by himself;
(2) that it is the accepted doctrine of the American courts, which I consider to be well-founded on princ...think that I can accept it as sound. It must be conceded that the Legislature has a wide discretion in determining the subject matter of its laws. It is an accepted doctrine of the American Courts and which seems to me to b...class by itself for the purposes of legislation, provided there is sufficient basis or reason for it and there is a strong presumption in favour of the constitutionality/of an enactment, the burden was on...
...Solicitor General submits that there is presumption of constitutionality and mutual respect inherent in doctrine of separation of powers. He relies upon Bihar Distillery Ltd. (1997) 2 SCC 453...may be treated as a class by himself;(b) that there is always a presumption in favour of the constitutionality of an enactment and the burden is upon...;(e) that in order to sustain the presumption of constitutionality the court may take into consideration matters of common knowledge, matters of common repor...