AI Overview...
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Rule 29(4) of Copyright Rules, 2013 - The provision requires detailed information for broadcasting notices. If deemed necessary, the rule should be struck down completely or at least to certain sub-clauses (c, d, e, f, j) to prevent overreach and ensure constitutional compliance Next Radio Limited VS Union of India through the Secretary - Madras.
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Rule 8(d)(ii) of Delhi Police (Punishment and Appeal) Rules, 1980 - Interpretation of this rule regarding forfeiture needs clarification through a Full Bench, indicating the rule's application is complex and may require complete clarification or possible striking down if found unconstitutional SHAKTI SINGH VS UNION OF INDIA - Delhi.
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Motor Vehicles Rules and Safety Provisions - Several instances highlight improper conduct regarding vehicle safety, such as blocked emergency exits and failure to conduct proper checks, which compromise road safety. These issues suggest that rules related to vehicle safety, including Rule 62, should be strictly enforced or struck down if non-compliance persists Shrikant Madhav Karve VS Secretary (Parivahan IV) Ministry of Home Affairs - Current Civil Cases, Shrikant Madhav Karve VS Secretary (Parivahan IV) Ministry of Home Affairs - Bombay.
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Constitutional and Procedural Rules on Addition/Striking Off Parties - Courts must consider whether parties are necessary for complete adjudication. If a rule mandates striking down a rule, it should be struck down entirely to avoid partial or ineffective rulings, aligning with the principle that if a rule is required to be struck down, the entire rule should be invalidated John Numpeli Junior Advocate, Son Of John Numpeli VS State Of Kerala - Kerala.
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Animal Cruelty and Evidence - Cases involving animal cruelty show evidence of severe injuries, supporting the prosecution's case. While not directly related to rules striking, these cases emphasize the importance of strict enforcement of laws, which may include striking down ineffective provisions or rules that fail to prevent cruelty Israr VS State of U. P. - Crimes.
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Legal Qualification and Admission Rules - Challenges to qualification criteria (e.g., for M.B.B.S. admission) suggest that if a rule is unconstitutional, it should be struck down completely to uphold fairness and equality, as partial invalidation may not suffice Nidamarti Maheshkumar VS State Of Maharashtra - Supreme Court.
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Compensation and Interest Awards - Court decisions regarding compensation emphasize that if a rule or provision (e.g., interest calculation) is found to be flawed or unconstitutional, it should be struck down entirely to ensure justice is served comprehensively Ramchandra Sindji Chauhan VS Arvindkumar S. Mehta - Gujarat.
Analysis and Conclusion:
Across various legal provisions and rules, the consensus is that if a rule is found to be required to be struck down, it should generally be struck down completely rather than partially. This approach ensures the integrity of legal standards, prevents partial enforcement that could lead to inconsistent or ineffective rulings, and aligns with constitutional principles demanding comprehensive invalidation when necessary John Numpeli Junior Advocate, Son Of John Numpeli VS State Of Kerala - Kerala, Next Radio Limited VS Union of India through the Secretary - Madras, SHAKTI SINGH VS UNION OF INDIA - Delhi.
References:
- John Numpeli Junior Advocate, Son Of John Numpeli VS State Of Kerala - Kerala
- Next Radio Limited VS Union of India through the Secretary - Madras
- Shrikant Madhav Karve VS Secretary (Parivahan IV) Ministry of Home Affairs - Current Civil Cases
- Shrikant Madhav Karve VS Secretary (Parivahan IV) Ministry of Home Affairs - Bombay
- Israr VS State of U. P. - Crimes
- Nidamarti Maheshkumar VS State Of Maharashtra - Supreme Court
- SHAKTI SINGH VS UNION OF INDIA - Delhi
- Ramchandra Sindji Chauhan VS Arvindkumar S. Mehta - Gujarat
Search Results for "If any Rule is Required to be Struck down same has to be Struck Completely"
2020 0 Supreme(Ker) 588 • India - Kerala
S.MANIKUMAR, SHAJI P.CHALY
High Court Rules - Rule 148 ;; Constitution of India- Article 226 -Addition of parties -Either one of the ... Wherever addition or striking out parties is done, it is necessary for the Court to consider as to whether such persons are required to be added or struck off to adjudicate upon and settle all the issues effectually and completely. ... In the light of the above provisions, the Kerala State Legal Services Authority (petitioners) may not be required to be impleaded as a party respondent.” 9. Imp....
2022 0 Supreme(Mad) 3669 • India - Madras
MUNISHWAR NATH BHANDARI, D. BHARATHA CHAKRAVARTHY
Societies Registration Act, 1860 - Section 31-D - Copyright Rules, 2013 - Rule 29(4) - Constitution of India ... details to be furnished in notice for broadcasting of work and a serious objection - Held, Challenge to provisions of law otherwise requires ... Thus, giving a practical illustration of the issue, it is submitted that if Rule 29(4) of the Rules of 2013 is not struck down completely, it should be struck down to the extent of sub-clauses (c), (d), (e), (f) and (j) to #HL_START....
2013 0 Supreme(Mad) 409 • India - Madras
K.VENKATARAMAN
to be struck off. ... election petitioner in the election petition and hence, the same does not require to be struck off. ... by the election petitioner in the election petition and hence, the same does not require to be struck off. ... A vague allegation in this regard without full particulars as required under Section 83(2)(a) of the Act will not come to the rescue of the election petitioner. In view of the same, paragraph 22 of the election petition is liable to be struck#....
• India - Current Civil Cases
A.S.ILA, V.L.ACHLIYA
Motor Vehicles Act, 1988—Sections 2(47) and 39—Central Motor Vehicles Rules, 1989—Rule 62—Road safety—Failure to properly conduct ... all 1000 posts of Technical Assistants—All Regional Transport Offices in the State directed to scrupulously follow provisions of Rule ... vehicles and especially buses having sleeper berths, compliance with the provisions in Chapter VII of State Rules and in particular Rule ... It is pointed out that in most of such buses, emergency exits have been completely blocked by providing additiona....
2016 0 Supreme(Bom) 163 • India - Bombay
A.S.OKA, V.L.ACHLIYA
Motor Vehicles Act, 1988 – Sections 2(47) and 39 – Central Motor Vehicles Rules, 1989 – Rule 62 – Road safety – Failure to properly ... 1000 posts of Technical Assistants – All Regional Transport Offices in the State directed to scrupulously follow provisions of Rule ... vehicles and especially buses having sleeper berths, compliance with the provisions in Chapter VII of State Rules and in particular Rule ... It is pointed out that in most of such buses, emergency exits have been completely blocked by providing additiona....
• India - Crimes
B.AMIT STHALEKAR
, skin of their body was peeled and two bulls were dead with one-fourth of their skin completely removed, one bullock had its neck ... completely twisted—Prosecution has successfully proved involvement of appellants in crime under Act, 1955 and 1960—Sessions Judge ... nor was it anybody’s case that tarpaulin which entirely covered back portion of truck was torned or damaged—Animals were injured ... The body of one of the bulls was stained with blood and 1/4 part of the skin was completely missing. There was no stiffness ....
1986 0 Supreme(SC) 114 • India - Supreme Court
D. P. MADAN, P. N. BHAGWATI
by High Court but the appellant contends in this appeal that the decision of the High Court is erroneous and Rule B(2) must be struck ... Constitution of India – Article 14 – Writ petition - Struck ... down as unconstitutional and void – Qualification required for admission to the M.B.B.S. course in the State of Maharashtra is the ... The ratio of this decision applies fully and completely to the present case. ... The challenge has been negatived by the High Court but the appellant contends in this appe....
2002 0 Supreme(Del) 1414 • India - Delhi
INTERPRETATION - Rule 8 (d) (ii) of the Delhi Police (Punishment and Appeal) Rules, 1980 - [Rule 8 (d) (ii)] - The judgment discusses ... The matter was referred to the Full Bench of the Tribunal for the correct interpretation of the said Rule. ... the interpretation of Rule 8 (d) (ii) of the Delhi Police (Punishment and Appeal) Rules, 1980, which provides for the forfeiture ... Keeping in view the aforementioned basic principles in mind, the said rule is required to be interpreted. ......
2016 0 Supreme(Bom) 259 • India - Bombay
A.S.OKA, V.L.ACHLIYA
62, which outlines the tests and checks required for issuing fitness certificates. ... the checks were not being conducted properly, leading to the issuance of fitness certificates to vehicles that did not meet the required ... of the Court: The Court conducted detailed examinations of the relevant provisions of the MV Act and the Rules, including Rule ... It is pointed out that in most of such buses, emergency exits have been completely blocked by providing additional seats. ... The other crucial issue is about the tes....
2011 0 Supreme(Guj) 832 • India - Gujarat
JAYANT PATEL, R.M.CHHAYA
@ 12% from the date of the application till realization - Challenged - -Held, compensation awarded under the other heads do not require ... same are not disputed by the appellants - Tribunal has awarded interest @ 12% as per the prevailing bank rate than, and the same requires ... We find from the evidence on record and more particularly on examining the photographs which establishes the fact that the car is completely smashed, it has dashed with the truck with force. ... Similarly, we find that the body of the car had g....
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