Abrogate - Judgment Search Results

S.K. Dey Vs. Commissioner of Income-tax

Court: Delhi

Reported in: (2000)164CTR(Del)488; [2002]255ITR270(Delhi)

aprijit pasayat c j 1 at the instance of the assessed the following questions have been referred for the opinion...

Vasantry J. Khamkati Vs. State of Gujarat

Court: Gujarat

Reported in: (2003)4GLR245

d p buch j 1 this is a revision application under section 397 read with section 401 of the code...

Seminole Tribe of FlA. Vs. Florida

Court: US Supreme Court

..... for respondents 21 respondents contend that the interstate commerce clause grants the power of abrogation only because congress authority to regulate interstate commerce would be incomplete without that necessary ..... respondents contend because it gives congress complete authority over the indian tribes therefore the abrogation power is not necessary to congress exercise of its power under the indian .....

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court: Supreme Court of India

Reported in: AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... laid down because parliament cannot even after the amendment abrogate or authorise abrogation or the taking away of fundamental rights after ..... which the words of section 2 are intended to abrogate and do abrogate 2036 according to webster s dictionary on synonyms ..... light of its experience restrictions abridgement curtailment and even abrogation of these rights in circumstances not visualized by the .....

Pennsylvania Vs. Union Gas Co.

Court: US Supreme Court

..... regard for precedent still would mandate the conclusion that congress has the power to abrogate immunity when exercising its plenary authority to regulate interstate commerce in fitzpatrick v ..... offered by the court as providing the unmistakable language required by our cases to abrogate the states eleventh amendment immunity the comprehensive environmental response compensation and liability act of .....

Dellmuth Vs. Muth

Court: US Supreme Court

..... dealing with attorney s fees and the authorization for judicial review do not address abrogation even in oblique terms the statutory structure which unlike the atascadero statute makes ..... retroactively applying the court s peculiar rule will be to override congressional intent to abrogate immunity though such intent was absolutely clear under principles of statutory interpretation established at .....

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court: Supreme Court of India

..... court held that though the protection of articles 14 and 19 is totally abrogated the withdrawal or abrogation of such protection does not necessarily result in damage or destruction of the ..... the attorney general the expression amendment of this constitution would restrain the parliament from abrogating the fundamental rights absolutely or from completely changing the fundamental features of the .....

Kimel Vs. Florida Bd. of Regents

Court: US Supreme Court

..... proportionality test in florida prepaid we considered the validity of the eleventh amendment abrogation provision in the patent and plant variety protection remedy clarification act patent remedy ..... not reveal congress attention to the augmented liability and diminished sovereignty concomitant to an abrogation of eleventh amendment immunity congress acting responsibly would not be presumed to take .....

Atascadero State Hosp. Vs. Scanlon

Court: US Supreme Court

..... 1909 likewise in determining whether congress in exercising its fourteenth amendment powers has abrogated the states eleventh amendment immunity we have required an unequivocal expression of congressional ..... ensures such certainty it is also significant that in determining whether congress has abrogated the states eleventh amendment immunity the courts themselves must decide whether their own .....

In Re Article 370 Of The Constitution

Court: Supreme Court of India

..... applying the entire constitution of india to the state of jammu and kashmir and abrogating article 370 contemporaneously parliament enacted the jammu and kashmir reorganisation act 20191 which ..... provisions moreover the provisions of the constitution would according to the proclamation supersede and abrogate all other constitutional provisions inconsistent with it which were then in force in the .....