which we have to consider in this Full Bench. Whether the doctrine of overlapping applies and has any validity, has not even been referred ... would be better to explain what has been called the doctrine of overlapping. As I have pointed out, in order that an after-born
evidenced by Ex. 64 and, hence by reason of the doctrine of overlapping the Plaintiff is having a right to challenge the said alienation effected ... dated 7th April. 1951 and hence by reason of the doctrine of overlapping the Plaintiff has a right to challenge the said alienation
A.K.Behera vs Union Of India & Anr on 6 May, 2010
Author: J
sense overlap. But in
law there is no overlapping. The taxes are
separated and distinct imposts. If in fact they
overlap, that may be because ... entries have to receive liberal construction. If there is any
overlapping, doctrine of pith and substance is to be applied and the Court
plaintiff No. 3, have a right to agitate under the doctrine of "overlapping", because the claim of plaintiff No. 3 is not time ... within limitation in challenging the alienation by deceased father, by doctrine of "overlapping", because plaintiff No. 3 was already born when the transaction
appears to the court that there is apparent overlapping between the two entries the doctrine of pith and substance has to be applied to find ... which it would fall. It is only when an apparent overlapping occurs that the doctrine of pith and substance has to be applied to find
work hardship to those who had trusted to its existence. Invocation of doctrine of "prospective overruling" is left to the discretion ... examination of the aforesaid two legal doctrines it is clear both the doctrines are inter connected. They are overlapping. The doctrine of stare decisis
harmonise or reconcile them. Where there is
an apparent overlapping between two Entries, the doctrine of pith
and substance is applied to find ... assigned to another legislature. Also, in a situation where there is
overlapping, the doctrine has to be applied to determine to which
Entry, a piece
harmonise or reconcile
them. Where there is an apparent overlapping between two
Entries, the doctrine of pith and substance is applied to find ... assigned to another legislature. Also, in a
situation where there is overlapping, the doctrine has to be
applied to determine to which Entry, a piece
Sri U M Ramesh Rao vs Union Bank Of India on 29 January, 2021
Equivalent
