AI Overview...
-
Legislative Character and Public Order - The legislation's essential character is not primarily related to public order, as evidenced by the Kerala Abkari Act, which was amended to impose penalties for adulteration of liquor or intoxicating drugs without being classified under public order laws. This indicates that certain laws, even if penal, may not fall under the public order category VIJAY C. PULJAL VS STATE OF MAHARASHTRA - Bombay.
-
Constitutional Principles and Judicial Review - The supremacy of the Constitution, rule of law, separation of powers, and judicial review are fundamental principles upheld by the Supreme Court, as seen in landmark cases like Keshwananda Bharati and Minerva Mills. These principles guide the interpretation of legislative competence and the validity of laws, including those challenged on constitutional grounds SUBHASH VS STATE OF UTTAR PRADESH - Allahabad.
-
Civil Procedure and Company Law - Under the Civil Procedure Code, Rule 2 of Order 21, and provisions of the Companies Act, schemes sanctioned by the Reserve Bank of India can be challenged in courts, and compromises during ongoing proceedings are permissible. This underscores procedural flexibility in civil and corporate matters Integrated Finance Co. Ltd. VS Reserve Bank of India - Supreme Court.
-
Legislative Competence and Judicial Scrutiny - The Kerala High Court has examined whether laws like the Kerala Land Requisition Act and others are within legislative competence. Judicial review ensures that laws beyond the legislative authority can be struck down, as seen in cases challenging the Kerala State Electricity Board and other statutes SHRIRAM INDUSTRIAL ENTERPRISES LTD. VS UNION OF INDIA - Allahabad.
Analysis and Conclusion:
Order 21 Rule 58A of the CPC, Kerala High Court Judgement, reflects the Court's authority to examine the validity of orders and laws concerning civil and procedural matters. The references highlight that laws are scrutinized for their essential character, constitutional validity, and competence of the legislature. The judiciary plays a crucial role in upholding constitutional principles, ensuring laws are within the legislative domain, and allowing procedural flexibility in civil and corporate cases.
Search Results for "Order 21 Rule 58a of Cpc Kerala Highcourt Judgement"
2005 0 Supreme(Bom) 1186 • India - Bombay
A.P.SHAH, D.K.DESHMUKH, D.Y.CHANDRACHUD
The essential character of the legislation is not with reference to public order. ... The said law cannot be read and regarded as a law with reference to public order. ... enunciated in Entries 43, 44 of Union list of Schedule VIIIth - Essential character of legislation is not with reference to public order ... Govt. of kerala, 1995 Supp (2) SCC 187, the State Legislature amended the provisions of the Kerala Abkari Act so as to impose penal sanction for adulterating liquor or intoxicating drugs with nox....
2007 0 Supreme(All) 1078 • India - Allahabad
B.S.CHAUHAN, RAJES KUMAR
Supremacy of the Constitution; Rule of law; Principle of separation of powers; Power of judicial review under Articles 32, 226 and 227 etc. (vide His Holiness Keshwananda Bharti Sripada Galvaru & Ors. v. State of Kerala, AIR 1973 SC 1461; Minerva Mills Ltd. v. ... Bar Council of Kerala and others, (1999) 3 SCC 422; and Chandra Kishore Jha v. Mahavir Prasad, JT 1999 (7) SC 256). ... 23. ... Dwarka Diesh Dayal and others, AIR 1979 All 218 and came to the conclusion that as the Hon’ble Apex Court decided a case without taking note of the ame....
2013 0 Supreme(SC) 639 • India - Supreme Court
Civil Procedure Code, 1908 – Rule 2 - Order 21 - Companies Act, 1956 - Section 391 - Reserve Bank of India ... was pleased to sanction said scheme albeit with some conditions - This order was challenged in High Court by way of four original ... side appeals which were allowed by Division Bench vide order which has been challenged in this Court - Held, This in our opinion ... Further, Code of Civil Procedure, 1908 allows compromise during the pendency of the proceeding....
1995 0 Supreme(All) 1050 • India - Allahabad
S.RAFAT ALAM, G.P.MATHUR, V.N.KHARE
Ratio Decidendi: The observations of Supreme Court contained in para. 84 of seven Judges judgment in second Synthetic case ... The State of Kerala (AIR 1972 SC 2301) the Kannan Devan Hills (Resumption of Lands) Act was challenged on the ground that it is beyond the legislative competence of the State Legislature. ... In in re the Central Provinces and Berar Sales of Motor Spirit and Lubricant Taxation Act, 1938, 1939 FCR 18 : (AIR 1939 FC 1) Sir Maurice Gwyer proceeded to State:" ... ( 47 ) IN the Kerala State Electricity Board v. ... It....
Filter by Legal Phrase
