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1 - 7 of 7 (0.21 seconds)The National Council For Teacher Education Act, 1993
Municipal Corporation Of The City ... vs New Shorock Spg. & Wvg. Co., Ltd., Etc on 17 April, 1970
11. Mr. Mitra has submitted that the alteration of the eligibility criteria by
increasing the percentage of marks and reduction of the number of
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vacancies is a direct inroad into the judgment of the Hon'ble Division
Bench and the Hon'ble Supreme Court which is clearly not permissible
under the law. It is not a case of removing the basis of the decision
rendered by a competent court but a clear act of disobeying or
disregarding the decisions given by the courts. For the proposition that
the legislature without removing the basis of the decision of court
cannot disobey on disregard decision of court reliance has been placed
on The Municipal Corporation of The City of Ahmedabad & Ors. v.
New Shrock Spg. and Wvg. Co. Ltd. and Ors. 1
"7. This is a strange provision. Prime facie that provision
appears to command the Corporation to refuse to refund the
amount illegally collected despite the orders of this Court and
the High Court. The State of Gujarat was not well advised in
introducing this provision. That provision attempts to make a
direct inroad into the judicial powers of the State. The
legislatures under our Constitution have within the
prescribed limits, powers to make laws prospectively as well
as retrospectively. By exercise of those powers, the
legislature can remove the basis of a decision rendered by a
competent court thereby rendering that decision ineffective.
But no legislature in this country has power to ask the
instrumentalities of the State to disobey or disregard the
decisions given by courts.............".
S.R. Bhagwat & Ors vs The State Of Mysore on 12 September, 1995
In this regard reliance has been placed on paragraph 10 of the
decision of the Hon'ble Supreme court in Naraindas Indurkhya v.
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AIR 1970 SC 1292
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State of M.P & Ors.2 Mr. Mitra has submitted that it is well settled that
the judicial pronouncement cannot be made ineffective by enacting any
provision which in substance, overrule such judgments as clearly laid
down in paragraph 12 of the decision of the Hon'ble Supreme Court in
S.R. Bhagwat v. State of Mysore,3 which reads as follows:
Ram Sharan Maurya vs State Of U. P. on 18 November, 2020
14. However, Mr. Mitra has submitted that all other criterion including
prior experience are valid and required for selection of talented
2
AIR 1974 SC 1232
3
(1995) 6 SCC 16
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candidates and in this regard reliance is placed on the decision of the
Hon'ble Supreme Court in Ram Sharan Maurya v. State of U.P.4 and
Mahesh Chand Bareth & Anr. v. State of Rajasthan & Ors.5
(paragraphs 28,29,34 and 46).
Mahesh Chand Bareth vs The State Of Rajasthan State Of ... on 11 May, 2023
14. However, Mr. Mitra has submitted that all other criterion including
prior experience are valid and required for selection of talented
2
AIR 1974 SC 1232
3
(1995) 6 SCC 16
9
candidates and in this regard reliance is placed on the decision of the
Hon'ble Supreme Court in Ram Sharan Maurya v. State of U.P.4 and
Mahesh Chand Bareth & Anr. v. State of Rajasthan & Ors.5
(paragraphs 28,29,34 and 46).
Anupama Bose Paul vs The State Of West Bengal & Ors on 8 February, 2021
The aforesaid
findings are to be read with our observation in MAT 1017 of 2025
(Anurima Paul & Ors. v. State of West Bengal & Ors.) mutatis
mutandis.
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