whether can be severed from other
provisions of Schedule.
Doctrine of severability-Applicability of.
687
Articles 122(1) ,212(1)-Proceedings in Parliament/State
Legislature ... would Paragraph 7 alone be
invalidated with the application of the doctrine of
severability; (4) the Tenth Schedule created a new and non-
justiciable constitutional
alone, the whole of the Tenth Schedule fails for non-severability. Doctrine of severability, as applied to ordinary statutes to promote their constitutionality, is inapplicable
laid down in Hakeem (supra) has
concluded that the doctrine of severability can be applied to
proceedings under Section 34 . Pertinently, a Special Leave Petition ... development of the law in India with
regard to the doctrine of severability, it was concluded that the
Court is empowered to set aside individual
need to explore the
doctrine of severability.
31. The severability of an arbitration agreement, although
possessing much doctrinal force across jurisdictions for very many years ... contract was in itself null and void. The aim of the severability
doctrine is to safeguard the arbitral process and to entrench a pro-
arbitration
consequently is affirmed.
25. The third issue concerns the question of severability. The
doctrine of severability could not have been applied to save the award ... Division bench found that the doctrine of severability did indeed apply
to arbitral awards. The test for its application was, simply enough,
whether the relevant
portion is severable from the remaining portion. The principles governing the doctrine of severability involve multifarious considerations. These principles are enumerated in detail ... severable from the other. Severability was a conclusion which was drawn from the past history and object of the Act. iN
other words, the doctrine
also brought to our notice, decisions which have held
that the doctrine of severability can be applied to awards which are
severable. Raghul Construction Engineers ... applying the
doctrine of severability to awards which are severable. If the
principle of severability can be applied to a contract and even
Dr. (Mrs.) Rukmani Vaish And 5 Ors. vs State Of Rajasthan And 10 Ors. on
10085/2021
10. Section 5A of the NSA - The doctrine of
severability is statutorily recognized by
inserting this section in the Act. The grounds ... grounds
mentioned in Clause (a) of Section 5A .
11. The doctrine of severeability - if some
portion of detention order is bad in law and
minus
accepted that Section 53A was
applicable, by applying the doctrine of severance, the judgment of
Trial Court can be upheld. He submits that non consideration ... therefore the
judgment of Appellate Court could be upheld by applying doctrine of
severability. In support he points out the pleading in the Review
