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1 - 10 of 30 (0.82 seconds)Article 162 in Constitution of India [Constitution]
Article 14 in Constitution of India [Constitution]
Article 16 in Constitution of India [Constitution]
Article 73 in Constitution of India [Constitution]
State Of Maharashtra vs Jagannath Achyut Karandikar on 8 March, 1989
In another judgment in Maharashtra's case (supra 6),
wherein the Apex Court held in para-10 and 11 as follows:
The State Of Uttar Pradesh And Others vs Babu Ram Upadhya on 25 November, 1960
27. Executive instructions cannot amend or supersede the
statutory rules or add something therein, nor the orders be issued
in contravention of the statutory rules for the reason that an
administrative instruction is not a statutory Rule nor does it have
any force of law; while statutory rules have full force of law
provided the same are not in conflict with the provisions of the
Act. (Vide: "State of U. P. and Ors. v. Babu Ram Upadhyaya17"
Union Of India (Uoi), Represented By The ... vs The Registrar, Central Administrative ... on 18 July, 2005
In "Union of India v. Sri Somasundaram
Vishwanath19", the Hon'ble Apex Court observed that if there is a
conflict between the executive instruction and the Rules framed
under the proviso to Article 309 of the Constitution, the Rules will
prevail. Similarly, if there is a conflict in the Rules made under the
proviso to Article 309 of the Constitution and the law, the law will
prevail.
Ram Ganesh Tripathi & Ors vs State Of U.P. & Ors on 17 December, 1996
In "Ram Ganesh Tripathi v. State of U.P.22", the Apex
Court considered a similar controversy and held that any
executive instruction/order which runs counter to or is
inconsistent with the statutory rules cannot be enforced, rather
deserves to be quashed as having no force of law. The Apex Court
observed as under :-
Commissioner Of Income Tax,Mumbai vs Anjum M.H.Ghaswala & Ors on 18 October, 2001
In "Commissioner of Income Tax, Mumbai v. Anjum
M.H. Ghaswala23", the Apex Court held that circulars issued by
the Central Board of Direct Taxes under the provisions of Section
119 of the Income Tax Act, 1961 have statutory force and any
other instruction/circular not issued under the said provision, will
not be of any assistance to anybody as the same would not have
statutory force.