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Gazette of India Date of Validity - Summary
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Publication and Validity of Notifications
Many legal cases emphasize that notifications published in the Gazette of India or Gazette of NCT of Delhi are deemed valid from the date of publication, establishing their legal enforceability. For example, notifications regarding lease deeds, mineral regulations, and government exemptions are considered valid upon gazette publication (Charki Mica Minings Co. Ltd. VS Union Of India - Patna, Gian Chand VS Tirath Ram Gupta - Punjab and Haryana, SHOAIB IQBAL VS UNION OF INDIA - Delhi). -
Timing of Gazette Publication
Several judgments highlight the importance of timely publication in the Gazette. Delays or non-publication on the same day can render notifications discriminatory or invalid, as seen in cases challenging notifications for being not published simultaneously (PARAM INDUSTRIES LIMITED, KARWAR VS UNION OF INDIA - Karnataka, Krishna Pasu Aahar Bhanupuri VS Commissioner of Prohibition and Excise, A. P. - Andhra Pradesh). -
Constitutional Validity and Challenges
Courts have upheld the constitutional validity of notifications published in the Gazette, provided proper procedures are followed. Challenges based on publication timing, discriminatory effects, or procedural lapses have been dismissed when the Gazette publication was properly made (J. Sampath Kumar VS Bar Council of India represented by its Secretary & Another - Madras, Ram Chander And Sons VS Union Territory Of Chandigarh - Punjab and Haryana, Subhash Chandra Roy VS State of Assam - Gauhati). -
Legal Effect of Gazette Publication
The publication in the Gazette is a prerequisite for the notification's enforceability and validity. For instance, the notification related to the East Punjab Act and other statutes came into effect from the date of Gazette publication, making it crucial for legal recognition (Gian Chand VS Tirath Ram Gupta - Punjab and Haryana, Charki Mica Minings Co. Ltd. VS Union Of India - Patna).
Analysis and Conclusion
The date of validity for notifications under Indian law is generally recognized as the date of publication in the Gazette of India or relevant state gazette. Proper and timely gazette publication is essential for the legal enforceability of notifications. Challenges based on publication delays or procedural lapses are often unsuccessful if the Gazette publication was duly made, underscoring the Gazette's role as the authoritative source for official notifications.
References: - SHOAIB IQBAL VS UNION OF INDIA - Delhi - Krishna Pasu Aahar Bhanupuri VS Commissioner of Prohibition and Excise, A. P. - Andhra Pradesh - J. Sampath Kumar VS Bar Council of India represented by its Secretary & Another - Madras - Charki Mica Minings Co. Ltd. VS Union Of India - Patna - Ram Chander And Sons VS Union Territory Of Chandigarh - Punjab and Haryana - PARAM INDUSTRIES LIMITED, KARWAR VS UNION OF INDIA - Karnataka - Harikishore Bhattad VS Union of India, Department of Finance, rep. , by its Secretary, New Delhi - Andhra Pradesh - Gian Chand VS Tirath Ram Gupta - Punjab and Haryana - Subhash Chandra Roy VS State of Assam - Gauhati
Search Results for "Gazette of India Date of Validity"
2007 0 Supreme(Del) 1346 • India - Delhi
MUKUL MUDGAL, J.P.SINGH
Commission and gazetted in the Gazette of NCT of Delhi of the same date. ... by the Delimitation Commission and gazetted in the Gazette of NCT of Delhi of the same date. ... Issues: Constitutional validity of the notification dated 20th September, 2006 issued by the Delimitation Commission of India ... ... ( 19 ) ACCORDINGLY, this Court upholds the validity of the impugned notification dated 20th September, 2006 issued by the Resp....
1998 0 Supreme(AP) 46 • India - Andhra Pradesh
B.SUBHASHAN REDDY, T.RANGA RAO
... ( 3 ) IN support of the argument that Molasses Control Order has been rescinded, the learned counsel for the petitioner has placed reliance on the Order dated 10-6-1993 issued by the Government of India and gazetted in the Gazette of India ... We are concerned with the constitutional validity of the imposition of restrictions by the State Excise authorities in the movement, storage and sale of molasses by the sugar industries in Andhra Pradesh and also the purchase thereof either by the sugar indust....
1994 0 Supreme(Mad) 771 • India - Madras
RAJU, A.R.LAKSHMANAN
... This batch of writ petitions involve the constitutional validity of Rule 9 in Chapter III of Part VI of the Bar Council of India Rules introduced by the Resolution of the Bar Council of India Ms.64 of 1993 dated 28. 1993 and published in the Gazette of India dated 29. 1993 disentitling ... The further substantial question that requires to be considered is the legality and the constitutional validity of Rule 9 under challenge made by the first respondent Bar Council of India. ... circumstances under which a person sha....
1990 0 Supreme(Pat) 252 • India - Patna
DHARAMPAL SINHA, SATYESHWAR ROY
DUES UNDER EARLIER LEASE DEED - VALIDITY. ... Finding of the Court: The court held that the notification was valid as it was published in the Gazette of India and ... MINES AND MINERALS (REGULATION AND DEVELOPMENT) ACT, 1957 - SEC. 9-A (2), 28 - NOTIFICATION ENHANCING DEAD RENT - VALIDITY - PUBLICATION ... We have already noticed that the notification as contained in annexure-2 was published in Gazette of India. Sec.28 does not enjoin that such notification alter the expiry of thirty....
1997 0 Supreme(P&H) 1755 • India - Punjab and Haryana
G.S.SINGHVI, M.L.SINGHAL
Union of India and Ors., the Division Bench observed as under:- ... "In the writ petition, he has questioned the constitutional validity of the notification dated March 5, 1985 published in the Gazette Extraordinary of that date which read as follows :- ... "In exercise ... Union of India and Ors., a Division Bench negatived the challenge to the validity of notification dated March 5, 1985 by which the buildings and rented lands belonging to the government were exempted from the prov....
2002 0 Supreme(Kar) 551 • India - Karnataka
N.K.JAIN, V.G.SABHAHIT
The petitioners argued that the notification was not published in the Gazette on the same day and was discriminatory. ... The court found that the notification was not published in the Gazette on the same day and was discriminatory in fixing trend value ... Finding of the Court: The court found that the notification was not published in the Gazette on the same day and was ... as it was causing practical difficulties and was giving rise to disputes regarding validity of notification from the date of is....
2008 0 Supreme(AP) 8 • India - Andhra Pradesh
P.S.NARAYANA
is filed for a writ of mandamus questioning/challenging proceedings in MRD/DSN1 issued by the Securities and Exchange Board of India ... recognized stock exchange) – Held, Court is of the considered opinion that merely because the regulations had been notified at a later date ... The order of the SEBI approving the scheme has to be published in the gazette and will come into operation on its publication in the gazette. ... : ... Provided that no such withdrawal shall affect the validity of any contract ....
1975 0 Supreme(P&H) 151 • India - Punjab and Haryana
AJIT SINGH BAINS
UNION OF INDIA ETC. ... Final Decision: THE COURT DISMISSED THE PETITION AND DIRECTED THE PARTIES TO APPEAR BEFORE THE RENT CONTROLLER ON THE SPECIFIED DATE ... The notification came into effect from the 4th November, 1972 on its publication in the Gazette of India. ... As a result of two writ petitions challenging the validity of the notification, the High Court of Punjab and Haryana held that the East Punjab Act was not in actual operation in the territories now comprising the Union Territory of Chand....
2016 0 Supreme(Gau) 748 • India - Gauhati
UJJAL BHUYAN, RUMI KUMARI PHUKAN
and order passed by this Court in WP(C) dismissing the writ petition filed by the review petitioner challenging the legality and validity ... before the cut off date – Argument advanced on behalf of the review petitioner is diametrically opposite to the stand taken by him ... to the minority community of Pakistan and Bangladesh and because of religious persecution, he was compelled to take shelter in India ... stay in India without such documents or after the expiry of those documents, as the case may be, from the #HL_ST....
2017 0 Supreme(Bom) 1022 • India - Bombay
ANOOP V.MOHTA, ANUJA PRABHUDESSAI
Union of India and others - M/s. Shree Gee Enterprises Vs. Union of India and Anr. - Tata Cellular vs. ... Union of India - Afcons Infrastructure Ltd. Vs. Nagpur Metro Rail Corporation Ltd and another - Montecarlo Ltd. Vs. NTPC Ltd. ... "EPC") Contractor, challenged the action of Respondent No.2, a Public Sector Undertakings ("PSU"), Nuclear Power Corporation of India ... ... The MSEs must also indicate the terminal validity date of their registration. Failing of the above requirement....
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