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1 - 10 of 21 (0.87 seconds)Section 2 in The Amending Act, 1897 [Entire Act]
Section 1 in The Amending Act, 1897 [Entire Act]
Section 2 in West Bengal Apartment Ownership Act, 1972 [Entire Act]
West Bengal Apartment Ownership Act, 1972
Jayam & Co. vs Assistant Commissioner on 5 August, 2016
Therefore, following
the ratio of the Supreme Court, as laid down in paragraph no. 15 of
Jayam & Co. (supra), the retrospective effect given to Section 2 of the
Amending Act would be admissible, since it is in the nature of a
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validation law, that is, where the law as initially passed was held to be
inoperative by the court.
Section 10 in West Bengal Apartment Ownership Act, 1972 [Entire Act]
Section 3 in West Bengal Apartment Ownership Act, 1972 [Entire Act]
Article 245 in Constitution of India [Constitution]
State Of Rajasthan & Ors vs Basant Nahata on 7 September, 2005
36. The petitioners also rely on State of Rajasthan (supra), where it was
held that the necessity of the legislature's delegating its powers in
favour of the executive is a part of legislative function and a
constituent element of the legislative power as a whole under Article
245 of the Constitution. What was deprecated in the judgment was
wide, uncanalised or unguided delegation. The principle on which the
power of the legislature is to be exercised is required to be disclosed
and essential legislative functions cannot be delegated, it was
observed. In the instant case, none of such vitiating factors is found.
In fact, the delegation to assign the date of commencement, by
Section 1 (2) of the Amending Act, has not been challenged at all, nor
is there any cogent ground to so assail.