legislature Archives

‘Cannot direct legislature to unbury or re-legislate’; Bombay HC rejects plea to revive Maharashtra Casinos (Control and Tax) Act, 1976

The Maharashtra Casinos (Control and Tax) Act, 1976 Act is “still born” and thus, when the 1976 Act itself is a dead letter, no legal rights can accrue to the petitioner to maintain the present petition.

Case Briefs High Courts

‘Falls within domain of executive and legislature’: Delhi HC rejects PIL seeking to constitute High-Powered Committee to look into complete affairs of all co-operative banks

“Petitioner states that the main reason behind the impropriety in the management of these banks is that the Co-operative banks are under dual control of RBI and Registrar of Co-operative Societies.”

Case Briefs Supreme Court

Supreme Court lays down Principles for exercise of legislative power of abrogating a law declared invalid by Court

“If the legislature merely seeks to validate the Acts, struck down or rendered inoperative by a Court, by a subsequent legislation without curing the defects in such legislation, the subsequent legislation would be ultra-vires“.

Law School News Others

National Youth Parliament Competition 2022

About the Event ILM Law School, Gurugram is pleased to announce the “Youth Parliament Competition 2022” to be held on 10th -11th

Case Briefs High Courts

‘Thin line between adjudication and legislation’; Delhi High Court rules out retrospective application of Commercial Courts (Amendment) Act, 2018

Delhi High Court: A Division Bench of Satish Chandra Sharma, CJ and Subramonium Prasad, J. refused to transfer the civil suits pending

Op Eds OP. ED.

Constitutional Governance : Battle for Supremacy —An Overview from 1950 to 2020

by Romy Chacko*

Case Briefs Supreme Court

Law passed by legislature is good law till it is declared unconstitutional by a Court: Supreme Court

Supreme Court: Stating that declaration by a Court that a statute is unconstitutional obliterates that statute entirely as though it had never

Case Briefs Tribunals/Commissions/Regulatory Bodies

NCLAT | Intention of Legislature, deliberation of the Adjudicating Authority | Only permits Suspended Management of the CD to submit viable RP-Affirms

National Company Law Appellate Tribunal (NCLAT): The Coram of Justice Jarat Kumar Jain, Judicial Member and Ashok Kumar Mishra, Technical Member, dismissed

Case Briefs High Courts

Chh HC | Legislature does not prescribe limitation with the object of destroying the rights of parties; Word “sufficient cause” to be given liberal construction

Chhattisgarh High Court: Rajendra Chandra Singh Samant, J., allowed the petition and set aside the impugned order. The facts of the case

Case Briefs High Courts

Del HC | Merely because triple talaq has been declared to be void and illegal, it does not mean that legislature could not have made continuation of such practice an offence

Delhi High Court: A Division Bench of Vipin Sanghi and Rajnish Bhatnagar, JJ., in regard to Triple Talaq observed that, Prima facie it

Case Briefs High Courts

Ker HC | No writ of mandamus can be issued to direct the legislature to enact any law; Court upholds validity of State Commission for SC/ST Act

Kerala High Court: A Division Bench of S. Manikumar and Shaji P. Chaly, JJ., while deciding the Constitutional validity of the Kerala

Case Briefs High Courts

Del HC | “No exception to remedy against orders of custody under Domestic Violence Act”: Court dismisses S. 482 CrPC petition in view of S. 29 DV Act

Delhi High Court: Jyoti Singh, J., while addressing the maintainability and legality of a petition filed under Section 482 of Criminal Procedure Code,

Case Briefs High Courts

Cal HC | People have a right to criticize the dispensation running the administration of the country: be it the Executive, Judiciary or the Legislature

Calcutta High Court: Sabyasachi Bhattacharya, J. directed a case concerning the arrest of a freelance journalist to be listed for hearing in January,

Case Briefs High Courts

Madras HC | S. 142(2) of Negotiable Instruments Amendment Act, 2015 — not ultra vires of Art. 14 of Constitution; Legislation can take away the basis of a Judgment

Madras High Court: A Division Bench of A.P. Sahi, CJ and Subramonium Prasad, J., while deciding a petition filed in regard to

Case Briefs Supreme Court

Courts cannot encroach upon the fields that are under the exclusive domain of legislature

Supreme Court: Stating that the High Courts cannot encroach upon the fields that are under the exclusive domain of legislature, the Court