Development and Regulation) Act, 1951 (LXV of
1951). That Act , in pith and substance, deals more directly
with the control of certain specified industries including ... considered is the pith and sub-
stance of the levy. Where the levy in pith and substance is
not essentially different from
List I and Entry 38 of List III-Doctrine of pith
and substance.
Presidential assent-If could be given to cure possible
repuganancy-If could ... under which entry a particular legislation
falls, the theory of "pith and substance" has been evolved
by Courts. If in pith and substance
scope and effect of the legislation and by
its pith and substance. Case-law has laid down various
tests to get at the core ... legislation but no case has
yet held that even if the pith and substance of a
legislation falls within one entry, it is liable
M. Babu Rao And Ors. vs Deputy Registrar Of Co-Operative ... on 5 July, 2005
three lists and the same is absolutely an independent power in pith and substance.
9. The above controversy requires us to refer the object ... there is apparent overlapping between the two entries the doctrine of pith and substance has to be applied to find out the true nature
subject matter or whether it affects, it, but whether in its pith and substance, it is a law upon the subject matter in question ... impugned legislation, by the application of the doctrine of 'pith and substance' appears to fall exclusively under one List, and the encroachment upon
argued at one stage, that the well-known argument of pith and substance does not apply to the case before us. The pith and substance ... Canadian and the Australian Acts and in the Indian Act the pith and substance argument fully applies. The second principle that emerges is that when
CREF-1/2018]
Singhvi submits that if doctrine of "Pith & Substance" is invoked,
it would clearly emerge out that State Legislation ... substantiating his arguments to invoke
doctrine of "Pith & Substance" vis-รก-vis Entry 41, List II of the
VII Schedule. In support
According to the doctrine of pith and substance, the object, purpose and design of the impugned Act is not to legislate on petroleum or petroleum ... Legislature is to take the legislation as it is, consider the pith and substance thereof, or the real nature and substance of the legislation
resolved on the application of the "doctrine of pith and substance" of the impugned enactment. The validity of the State legislation on University ... construction. Learned counsel for the respondents contend that the principle of pith and substance has no relevance to a case where one entry is made
