In this case, There was a dispute between Section 155(3) of Panchayat Raj Act, 1994 (Kerala Act 13 of the 1994) and Rule 5 of the Kerala Panchayat Raj (Resignation of President, Vice President or Members Rules) 2000. Under Section 155 Read More …
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Minerva Mill v. Union of India (1980)
In this case of Minerva Mill vs. Union of India, the validity of 42nd amendment Act was challenged on the ground that they are destructive of the ‘basic structure’ of the Constitution. The Supreme Court by majority by 4 to Read More …
Mohd. Yaqub, etc. Vs:The State of Jammu & Kashmir 1968 AIR 765: The Principle of Harmonious Construction
In this case, The Apex Court interpreted the provisions of Article 13(2) and Article 359 of the Indian Constitution and harmonised them to avoid a head-on clash and to give effect to both the provisions of the Indian Constitution. The Read More …
U.N RAO vs. SMT. INDIRA GANDHI: HARMONIOUS CONSTRUCTION
In this case U.N RAO vs. INDIRA GANDHI, the appellant U.N RAO in his petition had prayed that writ of QUO WARRANTO be issued to the respondent i.e. SMT. INDIRA GANDHI, that her constitutional authority of holding office as to Read More …
CASE BRIEF OF ONE OF THE LANDAMARK CASES IN THE HISTORY OF JUDICIARY: K.M NANAVATI vs. STATE OF BOMBAY
M NANAVATI case is one of the landmark judgement of India .This case involved Kawas Manekshaw Nanavati, a Naval Commander who was tried for committing the murder of his wife’s lover, Mr.Prem Ahuja. Initially, Nanavati was not declared guilty but Read More …
The Doctrine of HarmoniousConstruction: Case Analysis Cantonment Board, Mhow v. M.P. State Road Transport Corporation AIR 1997 SC 2013
In this case, the doctrine of harmonious construction has been followed by interpreting the provisions of Madhya Pradesh Motor Vehicles Taxation Act, 1947 and Madhya Pradesh Municipalities Act,1961. The Cantonment Board had levied entry tax on motor vehicles. Section 6 Read More …
The Doctrine of Harmonious Construction: Classic Case Sirsilk Ltd. v. Govt. of Andhra Pradesh AIR 1964 SC 160.
In this case, The Supreme Court well employed the doctrine of Harmonious Construction to bring a settlement between the provisions of Sec 17 and Sec 18 of the Industrial Disputes Act, 1947 Before this case, certain disputes between the employer Read More …
STRICT CONSTRUCTION AND LIBERAL CONSTRUCTION
These two concepts hold a very strong and evident position in regard to the interpretation of the statutes. As the word in itself suggests that “Strict” would mean to be the one with rigid and firm ground basis and “Liberal” Read More …
The Doctrine of Harmonious Construction:Case Analysis : Prof.Yashpal and Anr. V. State of Chhattisgarh (AIR (2005) SC 2026)
The rule of harmonious construction has been followed in this case to harmonize the provisions of The Chhattisgarh Niji KshetraVishwavidyalaya (Sthapana Aur Viniyaman) Adhiniyam, 2002 and the provisions of UGC Act. In This Case ,Professor Yashpal, an eminent Scientist and Read More …
The Doctrine of Harmonious Construction: Latest Case Bhupinder Singh vs Jaswant Singh :15 January, 2016
In this case, The Court applied the doctrine of harmonious construction to avoid conflict between an order of the court (which allowed the Respondent to file a written statement even after the expiry of the given period of 90 days) Read More …
