Court has no right to adjudicate
Cauvery dispute, because as per Article 262 of the
Constitution, only the Parliament has got right to
consider ... Article 136(2) the words "or to any determination
of any tribunal constituted under the law made
by Parliament under Article 262
away with it. The proviso to clause (5) of Article 371-D was, therefore, violative of the basic structure doctrine.
The principle which emerges from ... present Act, viz., the Inter-State Water Disputes Act read with Article 262 of the Constitution is that the entire judicial power of the State
again adverted to infra.
Per contra, Assessee's lawyer stressed Article 262 of the
Constitution to the effect that what is paid in excess
again adverted to infra.
Per contra, Assessee's lawyer stressed Article 262 of the
Constitution to the effect that what is paid in excess
statutory scheme
as enacted by the DSPE Act .
... ... ...
75. In our opinion, Article 131 of the Constitution is
a special provision which deals with ... notice only one such other
provision in the Constitution, which is Article 262 , which
reads thus:
"262. Adjudication of disputes relating to
waters
observed by the Court that once the proceedings under article 134 (old Act) are validly initiated the. jurisdiction of the NO is not restricted ... order under article 147 or article 154 or S. 155 or article 250 or article 254 or article 260 or article 262 or article
Boards Act, 1956 are void and unconstitutional, the legislation traversing beyond Article 262 and Entry 56 of Union List, when the Act included tributaries ... respondent 3 as defunct, void and otiose, not being saved by Article 372(1) of the Constitution of India.
2. Having regard to the nature
Records to put a judicious end to this
Settled Dispute under Article ... Water Disputes Act, 1956 enacted by
the Parliament in terms of Article 262(2) of Constitution of
India. They also submit that already the Cauvery
Yashodhara Shroff vs Union Of India on 12 June, 2019
Equivalent citations: AIRONLINE 2019 KAR
circumstances, it is important to
examine some other dimensions of Article 2.
Conclusion
262. In our considered opinion, the compulsory
administration of the impugned techniques ... admitted as
evidence. This Court has recognised that the
protective scope of Article 20(3) extends to the
investigative stage in criminal cases and when
