India Reform

[...] matter to which it stands as a proviso. Therefore it is to be construed harmoniously with the main enactment “Difficulties sometimes arises in construing proviso. It will, however, generally be [...]

[...] the decision of the lower courts. Aggrieved by this, the appellant had approached the Supreme Court. The Supreme Court held: “Since the appellant was aware that the respondent was a [...]

[...] on a High Court by this article shall not be in derogation of the power conferred on the Supreme Court by clause (2) of article 32.   Eclipse of constitutional power and right during election [...]

[...] Madras and Southern Maharashtra Railway Co. V. Benwara Municipality, (AIR 1944 PC 71 further Supreme court in Sunderam Pillai v/s P. Pattabiraman AIR 1985 SC 582/ (1985)1 SCC 591 laid down the sphere [...]

[...] the provisions of this Act and of the rule and orders made thereunder: Provided that where a general election is held otherwise than on the dissolution of the existing House of the People, no such [...]

[...] co-extensive with but covers a field wider than the main part of section 4 (1). At times a fresh enactment The normal rule is that it is “a very dangerous and certainly unusual course to import [...]

[...] ;    25th January, 2011 first time was celebrated as National Voter Day by Election Commission of India. It was approved by the Central Cabinet on 20th January, 2011. (2)  & [...]

[...] published in the Gazette  of India on such date or dates as may be recommended by the Election Commission, call upon all Parliamentary constituencies to elect members in accordance with the [...]

[...] gathering the purpose and intention of the Legislature from the whole, this was a substantive enactment; and that although it appears under the form of a proviso, it was a limitation [...]

[...] and give effect to as such. (AIR 1957  BOM 20, AIR 1964 SC 1413, AIR 1965 SC 1296, AIR1966 SC 459, AIR 1968 SC 59) The following are some illustrative cases on this aspect:- State of [...]

[...] that it is “a very dangerous and certainly unusual course to import legislation from a proviso wholesale into the body of the statute,” (AIR 1985 SC 582) As to do so will be to treat it & [...]

[...] of limitation contained in the proviso in sub-section (6) of section 12 of the Orissa Sales Tax Act, 1947, was an independent legislative provision and applied both to original [...]

[...] be construed harmoniously with the main enactment “Difficulties sometimes arises in construing proviso. It will, however, generally be found that inconsistencies can be avoided by applying  [...]