Interpretation of Statutes -- Amendment to substantive law - Prospective in nature unless otherwise so specifically provided in the provision or so construed on principles of necessary implication - Existing right which has attained finality - Cannot be taken away without passing a specific legislative provision in that regard. Editorial Note. - 1996 PLJ 477 DB Over-Ruled..........
Natural justice -- Maintenance - Subject of maintenance covered by statute law - No scope to invoke the principles of justice, equity and good conscience where legislative enactments on the subject do not permit grant of maintenance to a woman who was a party to bigamous marriage...........
Civil Procedure Code, Section 115(1) -- Proviso Clauses (a) and (b) - Effect and scope of limitations on revisional jurisdiction of High Court - High Court can interfere in the orders in revision if they fall under Clause (b) of Proviso alone, of course, cases falling under Clause (b) must again be covered under Clauses (a) to (c) of Section 115(1) - Clause (b) of Proviso..........
Armed Forces (Special Powers) Act, 1958 -- Validity thereof - Held that Parliament was competent to enact the central Act in exercise of the legislative powers conferred on it under Entry 2 of list 1 and Article 248 read with Entry 97 of List 1 after the insertion to Entry 2-A in List 1 by the forty-Second Amendment to the Constitution, the legislative power of Parliament..........
Assam Disturbed Areas Act,1955 -- Validity thereof - Held that the State Act is, in pith and substance, a law in respect of maintenance of public order enacted in exercise of the legislative power conferred on the state legislature under Entry I of List II. (Para 79(22). Assam Disturbed Areas Act, 1955, Sections 4 and 5 - The Expression "or any officer of the Assam Rifles..........
Constitution of India, 1950, Article 245,246,257 -- Entries of Lists I and II of Seventh Schedule - Settled principles of interpretation : (1) When vires of enactment impugned, initial presumption of its constitutionality and if any difficulty in ascertaining limits of legislative power, difficulty must be resolved in favour of Legislature putting most liberal construction..........
Electricity -- Tariff- A legislative policy - Board is entitled to revise it unilaterally - State Govt. allowed 10% developmental rebate to newly set up industries in supply of electricity - Bill issued contrary to rebate - It is for the State Government to consider whether the directions issued by State Govt. has not been properly implemented - Court cannot give a..........
Evidence Act, 1872, Section 115 -- Promissory estoppel - Government of Haryana in exercise of executive powers transferred land at one point of time - Does not mean that forever land has a protective umbrella from any subsequent legislation - State of Haryana having passed Ceiling law in exercise of its legislative functions, has duty and mandate to carry it o it in..........
Punjab Town Improvement Trust Act, 1922, Section 65, 58, 59, 60, 62, 63 -- Mere absence of one or both assessors at the time of rendering Award by President of Tribunal under Section 65 - Does not vitiate Award - If neither of assessors present or opines on issues of measurement of land, of amount of compensation or costs and Award rendered by President alone - Award would..........
Evidence Act, 1872, Section 115 -- Equitable estoppel - No estoppel against Legislature or its mandate - Estopple cannot prevent: (1) Parliament from making a law; or (ii) Government to make subordinate legislation contrary to promises earlier held out by it in executive capacity; or (iii) Government from carrying out mandates of Parliament - Equitable estoppel not to: (a)..........
