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Indira Nehru Gandhi (Smt.) vs Raj Narain & Anr on 24 June, 1975

In the case of Smt. Indira Nehru Gandhi versus Shri Raj Narain, AIR 1975 SC 2299, interpreting the constitutional provisions, Mathew J., in so far as the relevant aspect in the present case is concerned, stated thus:­ "278. According to the historic analysis, the essence of the distinction between legislative power and judicial power is that the legislature makes new law which becomes binding on all persons over whom the legislature, exercises legislative power; the judicature applies already existing law in the resolution of disputes between particular parties and Judges may not deviate from this duty. This view of the distinction between the obligation to apply and enforce rules and a discretion to modify rules or make new rules was at one time applied uncompromisingly in describing functions as legislative or judicial. Thus, De Lolme said that courts of equity as then existing in England had a legislative function. They are, he said, a kind of inferior experimental legislature, continually employed in finding out and providing law remedies for those new species of cases for which neither the courts of common law, nor the legislature have as yet found it convenient or practicable to establish any.3 Though this would show that neither for logic nor in language has the boundary between legislation and adjudication ever been rigidly and clearly drawn, the distinction between the two is well established.
Supreme Court of India Cites 19 - Cited by 234 - V R Iyer - Full Document

Gram Panchayat Bassi Sekhan vs State Of Punjab & Others on 4 September, 2008

12 We have considered the submissions of the learned counsel for the petitioners and have minutely analyzed the judgment in Jarmal Singh's case (supra), however with due respect, we are unable to concur with the judgment of the Punjab and Haryana High Court as the same has been rendered per incuriam inasmuch as most of earlier division bench judgments of that very Court i.e. Punjab and Haryana High Court ­ including Gram Panchayat Bassi Sekhan vs. State of Punjab & ors., 2009 (1) RCR (Civil) 242, CWP No. 3705/2007, titled as ::: Downloaded on - 24/12/2020 20:15:54 :::HCHP 28 Inderjit Singh & ors. vs. State of Haryana &ors., decided on .
Punjab-Haryana High Court Cites 8 - Cited by 15 - J Singh - Full Document

Gram Panchayat Village Mann vs The State Of Punjab And Others on 26 August, 2011

13 In addition to the aforesaid judgments, judgment in Jarmal Singh's case (supra) runs contrary to the judgment of the Division Bench of that Court in CWP No. 1725/2008, titled as Gram Panchayat Mann Majra vs. State of Punjab & ors. Dated 2.4.2012, which in turn, has been repeatedly followed by, not only Punjab and Haryana High Court, but has also been followed by Madhya Pradesh High Court in Gyan Prakash Patel vs. State of Madhya Pradesh, 2018(2) MPLJ 574.
Punjab-Haryana High Court Cites 10 - Cited by 11 - A Singh - Full Document

Sharda Prasad Gautam vs The State Of Madhya Pradesh on 11 December, 2017

13 In addition to the aforesaid judgments, judgment in Jarmal Singh's case (supra) runs contrary to the judgment of the Division Bench of that Court in CWP No. 1725/2008, titled as Gram Panchayat Mann Majra vs. State of Punjab & ors. Dated 2.4.2012, which in turn, has been repeatedly followed by, not only Punjab and Haryana High Court, but has also been followed by Madhya Pradesh High Court in Gyan Prakash Patel vs. State of Madhya Pradesh, 2018(2) MPLJ 574.
Madhya Pradesh High Court Cites 23 - Cited by 38 - Full Document
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