M/s Aditya Enterprises Vs State Of Jharkhand
.... ported in (2006) 4 SCC 517 has held that where the rule is directly inconsistent with the mandatory provisions of the statute, the task of the Court is simple and easy. It is necessary to quote paragraphs 15 and 16 of the aforesaid judgment of the Hon’ble Supreme Court, which read as under: - ...
Jharkhand High Court
Government Of Nct Of Delhi Vs Union Of India
.... the regional aspirations of the people residing in that particular State. In that sense, the principles of federalism and democracy are interlinked and work together in synergy to secure to all citizens justice, liberty, equality and dignity and to promote fraternity among them. The people’s ch ...
Supreme Court Of India
M/S. OCL India Ltd. Vs State Of Orissa & Ors.
.... those areas. 30. The Constitution Bench ruling in Diamond Sugar Mills Ltd. (supra), which was heavily relied upon by the appellants, was rendered in the context of pointed authorization by the state enactment - U.P. Sugarcane (Regulations of State and Purchase) Act, 1953 in Section 20 and t ...
Supreme Court Of India
Parmar Samantsinh Umedsinh Vs State Of Gujarat & Ors
.... ts are produced, when both the statutes covering the same field are applied to a given set of facts. Repugnancy between the two statutes would arise if there is a direct conflict between the two provisions and the law made by Parliament and the law made by the State Legislature occupy the same f ...
Supreme Court Of India
Rural Litigation And Entitlement Kendra Vs State Of Uttarakhand And Others
.... upon the judicial field, and tried to overrule the judicial decision binding between the parties; and, consequently, the sub-sections of Section 4 should be read down. The Supreme Court then observed that a binding judicial pronouncement between the parties could not be made ineffective with th ...
Uttarakhand High Court
Rajendra Diwan Vs Pradeep Kumar Ranibala & Anr
.... 5 of List II, as well as Entry 46 of List III, prohibit a State Legislature from legislating in regard to the jurisdiction of the Supreme Court of India. 29. The learned Attorney General further submitted that the clear scheme and architecture of these entries is buttressed by other provisi ...
Supreme Court Of India
Rajendra Singh Vs State Bank of India
.... conflict between the two provisions of an Act, one enacted by the State and other by the Centre, the Court is duty bound to see whether the provisions thereof can be read harmoniously and only in cases where the same is not possible the question of prevalence of one over another would arise and in t ...
Delhi High Court
Arif Vs Cardio Products Corporation and Others
.... another would arise and in that context Article 254 of the Constitution is referred. It appears that a harmonious construction of the aforementioned provisions is not possible. Therefore in order to resolve the repugnancy of the said two provisions it becomes important to refer to the provisions of ...
Delhi High Court
Darsana Bai (died), Shanbagavalli and Ranjani Vs C. Saroja and Others <BR>Aroni Commercials Ltd.
.... , it is held that by applying the doctrine of "pari materia" reference to other statutes dealing with the same subject or forming part of the same system is permissible aid to the construction of provision in a statute. 22. Though in a fiscal statute, the provision must be strictly interpreted gi ...
Madras High Court
M/S Vishnu Sugar Mills Ltd. Vs The State of Bihar and Others
.... territory or property-immovable or movable-situated within the State, or of acts and events which occur within its borders. So long as the law made by the State Legislature is applicable to the persons residing within its territory and to all things and acts within its territory, it cannot be consi ...
Patna High Court
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