These appeals raise an important question as to the vires of the Constitution (Ninety Seventh Amendment) Act, 2011 [the "Constitution 97th Amendment Act"] which inter alia introduced Part IXB under the chapter heading 'The Co-operative Societies'.
Challenging a legislation
Mere possibility of abuse of a provision of law does not per se invalidate a Legislation.
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The possibility of abuse of a statute otherwise valid does not impart to it any element of invalidity
We declare Section 45(1) of the Prevention of Money Laundering Act, 2002, insofar as it imposes two further conditions for release on bail, to be unconstitutional as it violates Articles 14 and 21 of the Constitution of India.
The words “adult male” in Section 2(q) of the 2005 Act will stand deleted since these words do not square with Article 14 of the Constitution DATE : 06-10-2016 IN THE SUPREME COURT OF INDIA CIVIL APPELLATE JURISDICTION CIVIL...
