AI Overview...
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Gujarat Ordinance No. 5 of 2020 - The provided sources do not explicitly mention Gujarat Ordinance No. 5 of 2020. Instead, they reference various other ordinances, including those related to local governance, taxation, and amendments in Gujarat and other states. The focus appears to be on the validity, promulgation, and legal challenges of ordinances issued during the COVID-19 pandemic period, especially under the framework of relaxation laws and constitutional provisions. Multiple references, e.g., Kodur Service Co-Operative Bank Ltd. VS State of Kerala, Rep. by the Principal Secretary - Kerala, Parmar Samantsinh Umedsinh VS State of Gujarat - Supreme Court, Vikas WSP Ltd. VS Directorate Enforcement - Delhi
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Validity and Promulgation of Ordinances - Several sources discuss the constitutional and legal considerations regarding the promulgation of ordinances, especially whether re-promulgation or extension beyond the surviving time is lawful. Courts have scrutinized ordinances issued during the pandemic, emphasizing that ordinances should not be a colorable exercise of power and must adhere to constitutional limits. Kodur Service Co-Operative Bank Ltd. VS State of Kerala, Rep. by the Principal Secretary - Kerala, Vikas WSP Ltd. VS Directorate Enforcement - Delhi
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Ordinances During COVID-19 - Many references highlight ordinances enacted during the pandemic, such as Kerala Epidemic Disease Ordinance, 2020, and the Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020. These ordinances aimed to address emergency situations but faced legal challenges regarding their validity, especially concerning their issuance during the window period and their extension or re-promulgation. Anoop Jacob S/o Late T. M. Jacob VS State of Kerala - Kerala, Vikas WSP Ltd. VS Directorate Enforcement - Delhi, 00100048076
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Specific Cases and Challenges - Courts have examined cases where ordinances were challenged on grounds of procedural irregularities, such as failure to follow constitutional procedures, or on substantive grounds, like violation of rights or exceeding powers. For example, Gujarat's ordinance on reservation policies was invalidated for violating constitutional principles. Sunil Rathee VS State of Haryana - Supreme Court
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Conclusion - The sources collectively suggest that while ordinances are a necessary executive tool during emergencies, their promulgation and extension must comply with constitutional safeguards. Re-promulgation or extension beyond the prescribed period without legislative approval risks being declared unconstitutional. The legal scrutiny focuses on ensuring ordinances are not used as a bypass for legislative processes and are enacted within the constitutional framework.
Note: Specific details about Gujarat Ordinance No. 5 of 2020 are not directly provided in the sources; the references mainly discuss the general principles and legal challenges related to ordinances issued during the pandemic period across Indian states.
Search Results for "Gujatat Ordinance no 5 2020"
2021 0 Supreme(Ker) 301 • India - Kerala
RAJA VIJAYARAGHAVAN V.
In order to keep alive-provisions of Ordinance, Kerala Co-operative Societies (Second Amendment) Ordinance 2021 was promulgated as ... from Ordinance by re-promulgation is a colourable exercise of power liable to be struck down as unconstitutional and void? ... Kerala Co-operative Societies (Amendment) Bill, 2021 to replace Ordinance was published as Bill to facilitate passage of bill. ... 5. Whether the Kerala Co-operative amendment Ordinances from Ordinance No. 6 o....
2021 0 Supreme(SC) 105 • India - Supreme Court
ASHOK BHUSHAN, R. SUBHASH REDDY, M. R. SHAH
a direction - Challenged - In writ petition Clauses (3), (4) and (5) of Ordinance No. 3 of 2015 promulgated by the Governor of Gujarat ... forthwith - On same date when Ordinance No. 3 of 2015 was issued by which Section 7A of Gujarat Provincial Municipal Corporations ... – Section 7A , 5(3) (iii)(a) and 29A - Gujarat Local Authorities Laws (Amendment) Act, 2009 - Sections 2 and 3 - Election - Seeking ... In the writ petition Clauses (3), (4) and (5)....
2025 Supreme(Online)(Guj) 7244 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D. KARIA, PRANAV TRIVEDI, JJ
, 2020. ... analyzed based on the surviving time period post the issuance under the Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance ... (Paras 4, 5, 9) ... ... Facts of the case: ... The petitioner challenges a notice ... Brief facts of the case are that the respondent Assessing Officer issued notice dated 25.06.2021 under section 148 of the Act for the Assessment Year 2013-2014 during the extended time period as per Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2....
2021 0 Supreme(Ker) 389 • India - Kerala
V.G.ARUN
of the Kerala Epidemic Disease Ordinance, 2020. – Crl. ... Negotiable Instruments Act – Section 144 – Kerala Epidemic Disease Ordinance, 2020 – Sections 4 – Indian ... State of Gujarat, (2020) 4 SCC 695, it has been held that the Banks are bound to provide the requisite ... The offences alleged are under Sections 143, 147, 149, 269, 271 and 188 of IPC, Section 118(e) of the Kerala Police Act and Sections 4(2)(a), 4(2)(e) and 5 of the Kerala Epidemic Disease ....
2022 0 Supreme(Telangana) 406 • India - Telangana
UJJAL BHUYAN, P. MADHAVI DEVI
, nonetheless we may also examine the same since it is the contention of the State that the Ordinance was promulgated during the ... window period and the subsequent Second Amendment Act is given effect to from the date of promulgamation of the Ordinance, thereby ... amended or substituted by virtue of Telangana Value Added Tax (Second Amendment) Act, 2017 - Though there is no challenge to the Ordinance ... In this connection, learned senior counsel has placed reliance on a division bench decision of the Gujarat High Cou....
2020 0 Supreme(Guj) 604 • India - Gujarat
BIREN VAISHNAV
68 and ordinance 92, petitioner was to remain present at Vice Chancellor's Office – It is case of petitioner that when he remained ... It highlighted nine instances of unfair means that could form basis of an inquiry – Communication stated that in accordance with ordinance ... The communication stated that in accordance with ordinance 68 and ordinance 92, the petitioner was to remain present on 17.01.2020 at 10 a.m. at the Vice Chancellor's Office. ... (C) Mr.Munjyasara, learned advocate, then invited ....
2025 Supreme(Online)(Guj) 7246 • India - IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
BHARGAV D. KARIA, PRANAV TRIVEDI, JJ
(A) Income Tax Act, 1961 - Section 148, 148A(b) - Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance, 2020 - Notice ... Assessment Year challenging validity based on time limitation - Court established that notice beyond 'surviving time' under prior ordinance ... (Paras 5, 9) ... Brief facts of the case are that the respondent Assessing Officer issued notice dated 28.05.2021 under section 148 of the Act for the Assessment Year 2016-2017 during the extended time period as per Taxation and Other Laws (Rel....
2020 0 Supreme(Del) 1560 • India - Delhi
NAVIN CHAWLA
, 2020, as the Prevention of Money Laundering Act was not included in the specified Acts under the Ordinance. ... , 2020, as the Prevention of Money Laundering Act was not included in the specified Acts under the Ordinance. ... extension of the period based on the Supreme Court's orders and the Taxation and Other Laws (Relaxation of Certain Provisions) Ordinance ... However, the Prevention of Money Laundering Act, 2002 is not one of the "specified Acts" under the Ordinance. Therefore, ....
2020 7 Supreme 339 • India - Supreme Court
ANIRUDDHA BOSE
State of Gujarat and Others, invalidated an ordinance issued by the State of Gujarat (Gujarat Ordinance No. 1 of 2016) providing reservation of seats in the educational institutions in that State and of appointments and posts in the services under the state in favour of economically weaker sections of ... No. 10146 of 2020), Shrikant (LA. No. 49252 of 2020) and Deepak (I.A. No. 49255 of 2020). ... The intervenors also seek to distinguish the factual ....
2020 0 Supreme(AP) 44 • India - Andhra Pradesh
J.K.MAHESHWARI, M.SATYANARAYANA MURTHY
No.5 of 2020 i.e., Andhra Pradesh Panchayat Raj (Second Amendment) Ordinance, 2020 (for short, ‘the impugned Ordinance’) dated 10.04.2020 ... shall stand disposed Facts of the Case: writ petitions have been filed challenging the Ordinance ... The consequential notification in G.O.Ms.No.618, Panchayat Raj and Rural Development (E&R) Department, dated 10.04.2020, directing ... All the above writ petitions have been filed challenging the Ordin....
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