Court : Madhya Pradesh Jabalpur
..... recorded a finding that printing of bank notes is a sovereign function nor the same is the ratio decidendi of the case. we may also refer to the provisions of the coinage act, 1906. the statement of object and reasons appended to the amending act no.33 of 1985 reveals that section 6 was amended with a view to enable ..... is subject to judicial review on the grounds, viz. (i) if it is unconstitutional; (ii) if it is dehors the provision of the act and the regulations; (iii) if the delegate has acted beyond its power of delegation; and (iv) if the executive policy is contrary to the statutory or a larger policy.20. the apex court in ..... held that in welfare state, functions of the state are not only defence of the country or administration of justice or maintaining law and order but it extends to regulating and controlling the activities of people in almost every sphere, like educational, commercial, social, economic, political and even martial. the demarcating line between sovereign and non- .....
Tag this Judgment!Court : Madhya Pradesh Jabalpur
..... obstante clause in section 129 cpc has over riding effect over the provisions of order 8 rule 1 prescribing a time limit for filing of written statement introduced by the amending act to the cpc, in the year 2000. after taking note of the judgments rendered by the supreme court in the case of g.m. kokil (supra) and various other ..... that the non obstante clause in section 129 is intended to bypass the entire body of the code so far as the rules made by the chartered high court for regulating the procedure on its original side are concerned.(emphasis supplied)thereafter, in paragraph 37, the principle of interpreting a statute and similar submissions as has been made by shri ..... aforesaid case the question was with regard to the provisions of the bombay high courts (original side) rules 1959 and the effect of order 8 rule 1 cpc, as amended and the provisions of section 129 cpc. the power of the bombay high court to lay down its own rules and procedure for dealing with suits on the original side .....
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