Prevention of Corruption Act, 1988, Section 19 -- Patwari - Sanction for prosecution - Collector is the only competent authority for grant of sanction for prosecution of a patwari - However, prosecution has obtained sanction from Additional Secretary Law and Legislative Affairs Department - Sanction is thus, not a valid sanction for prosecution...........
Constitution of India, 1950, Article 323B(2), (d) -- State Legislature cannot enact law which touches jurisdiction of Supreme Court - Presidential assent makes no difference in case of legislative incompetence...........
Chhattisgarh Rent Control Act, 2011, Section 13(2) -- Appeal to Supreme Court - Constitution does not enable State legislature to enact law which provides for statutory appeals to Supreme Court - State legislature lacked legislative competence to enact S.13(2) of the Act - S.13(2) of the Act thus, declared ultra vires of Constitution and held, null and void and of no..........
Criminal Procedure Code, 1973, Section 195, 190, Indian Penal Code, 1860, Section 188 -- Disobedience to order duly promulgated by public servant - Objective - Is to provide for particular procedure, which gives authority only to public servant - Legislative intent is to prevent an individual or a group of persons from facing criminal prosecution instituted upon..........
Civil Procedure Code, 1908, Order 7, Rule 11 -- Rejection of plaint - Barred by any law - Means Legislative law as well as law declared by Courts...........
Prevention of Corruption Act, 1988, Section 19(4) -- Sanction for prosecution - Validity - Department of Law and legislative Affairs of State is legally competent to grant sanction for prosecution irrespective of Department to which accused/officer belongs - Contention of accused that Department of Law and legislative Affairs of State not competent to grant sanction,..........
Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Section 13(1), (4), Security Interest (Enforcement) Rules, 2002, Rule 8(5), Constitution of India, 1950, Article 35A, 246, Jammu and Kashmir Transfer of Property Act, 1977, Section 140 -- Enforcement of security interest - Anything that comes in the way of SARFAESI by way..........
Telangana (Agricultural Produce and Livestock) Markets (Amendment) Act, 2015, Section 5(3) -- Reduction of term of market Committee - Said amendment has been made with retrospective effect - Effect on base of earlier judgments due to said amendment - There is demarcation between legislative and judicial functions - When law is enacted with retrospective effect, it is not..........
Constitution of India, 1950, Article 226 -- Legislation - Judicial review - High Court undoubtedly has the jurisdiction to determine the constitutionality of the `law' - However, motives behind the law and the wisdom of the legislative body are not amenable to the judicial review...........
Constitution of India, 1950, Article 226, Delhi Bharatiya Chikitsa Parishad Act, 1998, Section 2, Medical Council of India Act, 1956, Section 2, 15, 27 -- MCI Act alone governs the practice of modern scientific system of medicine - Allowing persons not holding qualification is contrary to law - CCIM body of the Indian Medicine Act, does not enjoy any legislative or quasi..........
