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'.
Tag: Challenging a legislation
Supreme Court held ‘The Reservation Act 2018’ is a valid exercise of the enabling power conferred by Article 16 (4A) of the Constitution.
B.K. Pavitra and Ors. Vs. Union of India and Ors. - May 10, 2019 - The Reservation Act 2018 does not amount to a usurpation of judicial power by the state legislature. It is Nagaraj and Jarnail compliant. The Reservation Act 2018 is a valid exercise of the enabling power conferred by Article 16 (4A) of the Constitution.
Mere possibility of abuse of a provision of law does not per se invalidate a Legislation.
The possibility of abuse of a statute otherwise valid does not impart to it any element of invalidity
Lok Prahari through its General Secretary Vs. State of Uttar Pradesh & Ors.[ALL SC 2018 MAY]
KEYWORDS:-Struck Down a Law DATE:- MAY 07, 2018- "Section 4(3) of the 1981 Act cannot pass the test of Cof the Constitution of India and is, therefore, liable to be struck down. We, therefore, hold that the aforesaid Section 4(3) of the…
Rustom Cavasjee Cooper Versus Union of India[ALL SC 1970 FEBRUARY]
KEYWORDS:-BANK NATIONALISATION- COMPENSATION- DATE :- 10-02-1970. AIR 1970 SC 564 : (1970) 3 SCR 530 : (1970) 1 SCC 248 (SUPREME COURT OF INDIA) Rustom Cavasjee Cooper Appellant Versus Union of India Respondent And T. M. Gurubaxani Appellant Versus Union of…
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The Animal Welfare Board of India & Ors. Vs. Union of India & Ors.[SC 2018 FEBRUARY]
KEYWORDS:- MATTER REFERRED TO THE CONSTITUTIONAL BENCH- pith and substance- DATE:- February 2, 2018 ACT:- The Prevention of Cruelty to Animals (Tamil Nadu Amendment) Act, 2017 The Animal Welfare Board of India & Ors. Vs. Union of India & Ors. [Writ Petition (Civil)…
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Nikesh Tarachand Shah Vs. Union of India & Anr- 23/11/2017
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.
Union of India Versus R. Gandhi, President, Madras Bar Association[SC 2010 May]Constitution Bench
Keywords: Dilution of independence of Judiciary We uphold the decision of the High Court that the creation of National Company Law Tribunal and National Company Law Appellate Tribunal and vesting in them, the powers and jurisdiction exercised by the High…
Charanjit Lal Chowdhury Versus The Union of India and others[SC 1950 December]
Challenging a Legislation To make out a case under this Article, it is incumbent upon the petitioner to establish not merely that the law complained of is beyond the competence of the particular Legislature as not being covered by any…
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HIRAL P. HARSORA AND ORS. VERSUS KUSUM NAROTTAMDAS HARSORA AND ORS – 6/10/2016
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 APPEAL…
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