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Showing contexts for: SUBRAMANIAN SWAMY in Hotel & Bar (Fl.3) Association Of vs The Secretary To Government on 31 March, 2015Matching Fragments
21. A legislation can be challenged on the ground of legislative arbitrariness. Such an arbitrariness as found by the Court should be palpable and apparent. It should rather be seen on the face of it. It cannot be done on the basis of hardship caused to a party, but on a total unreasonableness. The Court must satisfy that the statute contains substantive unreasonableness. The conclusion arrived by us is fortified by the decisions rendered by the Supreme Court in Transport and Dock Workers Union and others Vs. Mumbai Port Trust and another, ((2011) 2 SCC 575), Catholic Syrian Bank Limited Vs. Commissioner of Income Tax, Thrissur, ((2012) 3 SCC 784), Joginder alis Jindi Vs. State of Haryana, ((2008) (10) SCC 138), Bharat Petroleum Corporation Limited vs. Sunil Bansal ((2009) 10 SCC 446) and Subramanian Swamy Vs. C.B.I. ((2014) 8 SCC 682).