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Showing : 1331-1340 of 3932 Results

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Constitution of India, 1950, Article 142 -- Exercise of power u/Art.142 - Held, Power is plenary in nature and not limited by restrictions in ordinary law - However, where Court finds that limitations in law are so fundamental it will exercise power appropriately having regards to statutory limitations...........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Constitution of India, 1950, Article 32, 226, Criminal Procedure Code, 1973, Section 156 -- Constitutional Court monitoring investigation - Held, nothing but continuing mandamus...........

MEGHALAYA HIGH COURT

Year of decision: 2013
Details

Constitution of India, 1950, Article 134A, 136 -- Certificate for appeal to Supreme Court - Application for - All grounds for seeking certificate appeared to be questions of facts and appreciation of evidence - Held, for such question of facts, certificate u/Art.134A cannot be granted - However, petitioners can seek special leave to file appeal u/Art.136 of Constitution of..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Constitution of India, 1950, Article 13, 32, 226, 372 -- Judicial review - Scope - Held, High Court and Supreme Court of India are empowered to declare as void any law, whether enacted prior to enactment of Constitution or after - Such power can be exercised to extent of inconsistency with Constitution/contravention of Part III...........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Constitution of India, 1950, Article 13, 32, 226, 372 -- Judicial review - Held, there is a presumption of constitutionality in favour of all laws, including pre-Constitutional laws as Parliament, in its capacity as representative of people, is deemed to act for benefit of people in light of their needs and constraints of Constitution...........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Constitution of India, 1950, Article 13, 32, 226, 372 -- Judicial review - Doctrine of severability - Held, it seeks to ensure that only that portion of law which is unconstitutional is so declared and remainder is saved - This doctrine should be applied keeping in mind scheme and purpose of law and intention of Legislature and should be avoided where two portions are..........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Constitution of India, 1950, Article 13, 32, 226, 372 -- Judicial review - Reading down law - Held, Court can resort to reading down a law in order to save it from being rendered unconstitutional - But while doing so, it cannot change essence of law and create a new law which in its opinion is more desirable...........

SUPREME COURT OF INDIA

Year of decision: 2013
Details

Indian Penal Code, 1860, Section 377, Constitution of India, 1950, Article 14, 15, 19, 21 -- Unnatural offences - Validity - Held, S.377 is valid and does not suffer from vice of unconstitutionality - However, competent legislature is free to consider desirability and propriety of either deleting S.377 or amending it. (Paras 42, 44, 45, 46, 51, 54, 56)..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Constitution of India, 1950, Article 227, Civil Procedure Code, 1908, Order 18, Rule 3 -- Rebuttal evidence - Defendant/respondent led evidence on issue No.4 which relates to recovery of amount from plaintiff/petitioner by way of counter claim - Held, since onus to prove issue No.4 is on defendant, therefore, petitioner can lead evidence to rebut same and hand writing..........

PUNJAB AND HARAYANA HIGH COURT

Year of decision: 2013
Details

Public Premises (Eviction of Unauthorised Occupants) Act, 1971, Section 4(1), 5(1), Constitution of India, 1950, Article 226 -- Unauthorized occupants - Ejectment - Allotment of booth by Municipal Corporation - Allottee failed to pay installments - Show-cause notice u/s.4(1) of the Act of 1971 served upon him - Eviction order passed under S.5(1) - Petitioner (tenant of..........

Showing : 1331-1340 of 3932 Results