Constitution of India, 1950, Article 14, 213, Punjab Agricultural Produce Markets Act, 1961, Section 12A, 35 -- Supression of nominated committees - Amendment Act of 2007 - Vires challenged - Nominated member - Chairman of marketing committee - Validity of Sec. 12-A of the Act where by all the market committees in the State were superseded, challenged on the ground that..........
Constitution of India, 1950, Article 226 -- Taxtation matter - Legislative functions - Judicial review - High Court directing the State Legislature to amend the law relating to determination of annual value by classifying that any such amendment shall not be retrospective - Not open to the High Court u/Art. 226 of the Constitution of India, particularly in matter of..........
Constitution of India, 1950, Article 226 -- Per B. Sudershan Reddy J.- Legislative functions - Judicial review - The Court cannot usurp the functions assigned to the Legislative bodies under the Constitution and even indirectly require the legislature to exercise its power of law making in a particular manner - The Court cannot assume to itself a supervisory role for the..........
Constitution of India, 1950, Article 32 -- Public Interest Litigation - Affirmative action - Judicial activism - Amendment of law - In the garb of affirmative action or judicial activism the Court cannot amend the law as that would be a naked usurpation of legislative power - The Court must exercise judicial restraint in this connection...........
Andhra Pradesh Scheduled Castes (Rationalisation of Reservations) Act, 2000, Constitution of India, 1950, Article 14,15(4),16(4),162,246,341(1),338(7),46,335,213,Entry,41,of,List,II,Entry,I,of,List,III -- Constitutional (Scheduled Castes) Order, 1950 - Scheduled Castes and Scheduled Tribes Amendment Act, 1976 - Reservation - Scheduled castes - Doctrine of pith and..........
Constitution of India, 1950, Article 226 -- Writ jurisdiction - The legal right of an individual may be founded upon a contract or a statute or an instrument having the force of law - For a public remedy enforceable under Article 226 of the Constitution, the actions of the authority need to fall in the realm of public law- be it a legislative act of the State, an executive..........
Industrial Disputes Act, 1947, Section 2(1),(j) -- Industry - Forest Department of the `State'- Whether industry ? - Held that Forest and Environment Department of the State Government is not an industry under Section 2(j) of the Act - Whether any of its unit, establishment or undertaking is an industry or not will depend upon the nature of the work done by such entity -..........
Judicial review -- Judiciary - Sphere of operation - Judiciary must exercise self restraint and eschew the temptation to act as a super legislature or a Court of Appeal sitting over the Laws made by the Legislature or as a third house of Parliament - However, if a law clearly violates some provision of the Constitution or is beyond its legislative competence it will be..........
Punjab Co -- operative Societies Act, Section 19(2) - Membership of a Primary Co - operative Society - A condition precedent to individual being elected as a member of Managing Committee, President or Vice - President of the Society, nomination to Central or Apex Society and election to President or Managing Director of a Central Co - operative Society or Apex Society, as..........
Haryana Municipal Election Rules, 1978, Rule 72A -- Notice of No Confidence Motion meeting - Not given to Member of Parliament and Member Legislative Assembly - Bad in law - Quashed...........
