Search Results Page
Search Results
1 - 10 of 35 (0.33 seconds)Section 145 in The Companies Act, 1956 [Entire Act]
Section 43B in The Income Tax Act, 1961 [Entire Act]
State Of Tamil Nadu vs Arooran Sugars Ltd on 31 October, 1996
(vi) the consistent thread that runs through all the
decisions of this Court is that the legislature cannot
directly overrule the decision or make a direction as not
binding on it but has power to make the decision
ineffective by removing the base on which the decision
was rendered, consistent with the law of the Constitution
and the legislature must have competence to do the
same.”
The Court then relied upon State of T.N. vs. Arooran Sugars
Ltd.19 to reaffirm the point and noted thus:
Article 245 in Constitution of India [Constitution]
Article 14 in Constitution of India [Constitution]
THE FINANCE ACT, 2021
K.C. Gajapati Narayana Deo And Ors. vs The State Of Orissa on 30 January, 1953
“The power of courts to declare a statute unconstitutional
is subject to two guiding principles of decision which
ought never to be absent from judicial consciousness. One
is that courts are concerned only with the power to enact
statutes, not with their wisdom. The other is that while
unconstitutional exercise of the power by the executive is
subject to judicial restraint, the only check upon our own
exercise of power by the executive is subject to judicial
restraint. For the removal of unwise laws from the statute
books appeal lies not to the courts but to the ballot and to
the processes of democratic government...”
In the Indian constitutional jurisprudence, the above principle
has been reckoned by this Court in its early years in 1954 in
14 297 US 1 (1936)
28
K.C. Gajapati Narayan Deo & Ors. vs. The State of Orissa15,
wherein the Court observed thus:
Anant Mills Co. Ltd vs State Of Gujarat & Ors on 21 January, 1975
In
Anant Mills Co. Ltd. vs. State of Gujarat & Ors. 16, this Court
noted thus:
Welfare Assocn. A.R.P., Maharashtra & ... vs Ranjit P. Gohil & Ors on 18 February, 2003
38. In Welfare Association. A.R.P., Maharashtra and Anr.
vs. Ranjit P. Gohil and Ors.17, this Court relied upon Indian
Aluminium Co. and Ors. vs. State of Kerala and Ors. 18 and
upon elaborate analysis, laid down certain principles to preserve
the delicate balance of separation of powers and observed thus: