SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

1997 Supreme(Mad) 751

JANARTHANAM, NATARAJAN
R. Gandhi and another – Appellant
Versus
Union of India rep. by the Ministry of Law Justice and Company Affairs New Delhi and others – Respondent


Advocates:
Mr. R. Gandhi, Senior Advocate Mr. K.M. Vijayan, Senior Advocate Mr. K. Ravi, Mr. M. Palani, Mr. R. Janakiraman, Mr. M.S. Subramaniam, Mr. M. Sundar Mr. G. Rajagopalan, Mr. V. Raghavachari, Mrs. Mythili Srinivasan and Mr. R. Srinivas for Petitioners. Mr. K.V. Venkatapathi, Advocate General assisted by Mr. R. Viduthalai and Mr. Thirugnansambandam, Additional Government Pleader for Respondents.

Judgment :-

Janarthanam, J.

1. All these actions—this Batch of Writ Petitions-filed by Importers-Dealers or otherwise — of motor vehicles into local area from any place outside the State of Tamil Nadu for use or sale herein — owning motor vehicle at the time of its entry into the local area-are analogous in nature.

2. The thrust and focus either on pure questions of law — constitutional or otherwise or on facts the existence of which is a matter of proof — giving risk to legal figment are mostly common or similar.

3. Irrespective of the nomenclature of these actions — Writs — Whether for Declaration, mandamus. Prohibition and what not — the fact remains — constitutional questions revolving on :

.(i) Legislative competence ;

.(ii) Colourable piece of Legislation;

(iii) Violation of rights under Articles 301 and 304 of the Constitution of India (for short Constitution);

.(iv) Absence of prior approval of the President of India under the Proviso to Article 304

.(b) of the Constitution.;

.(v) Challenge on the ground of Articles 14 and 300-A of the Constitution: and allied matters therefor were raked up, apart from the applicability of the Legislation impugned to the factual mat

































































































































































































































































































































































































































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top