SUNITA AGARWAL, ANIRUDDHA P. MAYEE
Kamlesh Jivanlal Dave – Appellant
Versus
State of Gujarat – Respondent
JUDGMENT :
SUNITA AGARWAL, J.
1. For the convenience of readers, the judgment is divided into parts as indicated in the table of contents, given herein-below:
| Table of Contents | |
| S. No. | Subject |
| 1 | Preface |
| 2 | Topics - Issues of Challenge |
| Part (I) | Presidential Assent and Repugnancy - Article 254 of the Constitution of India |
| (A) Arguments of the learned counsels for the parties | |
| (B) Topics of Analysis | |
| (a) Scope and interpretation of entries in the Seventh Schedule | |
| (b) Pith and substance of The Gujarat Land Grabbing (Prohibition) Act, 2020 | |
| (c) Repugnancy and Presidential Assent | |
| (d) Incidental Trenching | |
| (e) Dealing with the arguments of the learned counsels on the apparent conflict of different provisions of the Gujarat Land Grabbing (Prohibition) Act, 2020 with Central laws: | |
| (i) Conflict with the Civil Criminal Procedure Code | |
| (ii) Effect of Section 15 of the Act 2020 | |
| (iii) Contradictions shown with The Specific Relief, The Limitation Act and The Transfer of Property Act | |
| (C) Conclusion on Repugnancy and Presidential Assent | |
| Part (II) | Manifest Arbitrariness - violation of Article |
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