The principle of implied repeal was considered by three Judges Bench of this Court in the case of Om Prakash Shukla Vs. Akhilesh Kumar Shukla and Others, , this Court held thus: ……An implied repeal of an earlier law...
Day: December 23, 2018
The role of CAG Reports thus, is to enable the legislature to oversee that functioning of the Government and it is for the legislature to take action on the basis of CAG Reports or to direct the Government to...
Report of the Joint Parliamentary Committee, (hereinafter referred to as “JPC”), is the Report of the Parliament. That, JPC consisted of the members of both Houses of Parliament. That, the entire object of the Report was to keep the...
There are two categories of public servants recognised in law: Â one was under Prevention of Corruption Act, 1947, which provided that the public servant shall be same as defined in Section 21 of the IPC. Section 21 IPC, as...
The word ‘consult’ implies a conference of two or more persons or impact of two or more minds in respect of a topic/subject. A person consults another to be elucidated on the subject matter of the consultation. Consultation is...
 The President of India vide notification No. 40/3/65-AR(P) dated 05.01.1966 appointed the Administrative Reforms Commission for addressing “Problems of Redress of Citizens’ Grievances” inter alia with the object for ensuring the highest standards of efficiency and integrity in the...
The legislative policy behind the Act is clearly discernible . The statute has conferred very wide ranging powers upon the Human Rights Commission both at the National Level and State Level with far-reaching implications. The statute maker wanted to...
Ershine May’s Treatise on the law of privileges Proceedings and Usage of Parliament (22nd Edn.). It is, recognised as a masterpiece of Parliamentary Literature, while dealing with “the official opposition”, enunciated the role of Leader of the Opposition as...
In the case of Jugalkishor Saraf vs. M/s. Raw Cotton Co. Ltd., AIR 1955 SC 376 the Apex Court has observed as under : “The cardinal rule of construction of statutes is to read the statute literally, that is,...
In exercise of its powers of its judicial review; time and again it has been pointed out by various Courts that certain powers are vested in the legislative or executive departments of the Government to be exercised in a...
The Maharashtra Local Authority Members’ Disqualification Act, 1987 is applicable to the members elected in the Municipal Council, This Act defines the Councillor means Councillor of the Municipal Corporation or the Municipal Council or Zilla Parishad. “Local Authority” has...
There exists a distinction between the ‘Office’ and the ‘functions’ on the basis of the decision of the Supreme Court in Kanta Kathurina v. Manak Chand Surana, AIR. 1970 SC. 694. In the said case, the question arose whether...