Doctrinal - Year 2015 - Judgments

Dec 03 2015 (HC)

National Mineral Development Corporation Limited, rep. by its Regional ...

Court: Karnataka

Decided on: Dec-03-2015

..... fdt is contrary to central laws learned advocate general contended that neither the doctrine of repugnancy nor the doctrine of occupied field is applicable to the present cases referring to a ..... three having determined the field of legislation wherein the impugned legislation falls by applying the doctrine of pith and substance can an incidental trenching upon another field of legislation be ignored .....

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Oct 16 2015 (SC)

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

Court: Supreme Court of India

Decided on: Oct-16-2015

..... structure giving coherence and durability to a constitution has a certain intrinsic force this doctrine has essentially developed from the german constitution this development is the emergence of the ..... in kesavananda bharati while propounding the theory of basic structure has relied upon the doctrine of constitutional identity the word amendment postulates that the old constitution survives without .....

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Dec 03 2015 (HC)

National Mineral Development Corporation Ltd Vs. State of Karnataka by ...

Court: Karnataka

Decided on: Dec-03-2015

..... fdt is contrary to central laws learned advocate general contended that neither the doctrine of repugnancy nor the doctrine of occupied field is applicable to the present cases referring to a ..... three having determined the field of legislation wherein the impugned legislation falls by applying the doctrine of pith and substance can an incidental trenching upon another field of legislation be ignored .....

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Jun 22 2015 (HC)

Mr. c.k.rama Murthy Vs. State Election Commission

Court: Karnataka

Decided on: Jun-22-2015

..... appellate or revisional jurisdiction that in the instant case the doctrine does not apply was the submission 29 on the other ..... of the supreme court dismissing the special leave petition according to the doctrine of merger the judgment of the lower court merges into ..... by this court while dismissing the special leave petition then by the doctrine of merger the judgment of the high court merges into .....

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Jan 28 2015 (HC)

Independent Gas Based Power Producers? A Vs. Union of India Represente ...

Court: Andhra Pradesh

Decided on: Jan-28-2015

..... some uses particular to that form of resources intellectuals forum85 the public trust doctrine is a specific doctrine with a particular domain and has to be applied carefully natural resources allocation ..... way as claims based on promissory estoppel national buildings construction corpn v s raghunathan doctrines of promissory estoppel and legitimate expectation cannot come in the way of public interest .....

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Apr 15 2015 (HC)

Smt. Dr. Renuka Datla and Oth Vs. Biological E Limited and Oth

Court: Andhra Pradesh

Decided on: Apr-15-2015

..... price of pre emption which was deposited by the defendant by pressing into service the doctrine of approbation and reprobation placing reliance on the english law referred to above the ..... which it would otherwise not countenance on the touchstone of judicial propriety stated differently the doctrine of necessity makes it imperative for the authority to decide and considerations of judicial propriety .....

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Mar 17 2015 (HC)

Sharadamma and Another Vs. R. Vishwanath and Others

Court: Karnataka

Decided on: Mar-17-2015

..... first appellate court holding that the transaction was hit by the doctrine of lis pendens in the second appeal one additional ground was ..... is again referred to only to urge the application of the doctrine of feeding the grant by estoppel as made applicable in certain ..... we are referring to section 43 abovesaid as illustrative of the doctrine and its statutory recognition in indian law 13 the rule of .....

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Oct 13 2015 (HC)

The Principal Chief Conservator of Forests Tamil Nadu Forest Departmen ...

Court: Chennai

Decided on: Oct-13-2015

..... merger is neither founded upon the constitution nor statutorily recognised it is a common law doctrine founded on the principles of propriety in the hierarchy of justice delivery system the underlying ..... principles behind the doctrine of merger are that there cannot be more than one decree the principles crystallised in .....

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Mar 17 2015 (HC)

Smt. Sharadamma Vs. Sri R Vishwanath

Court: Karnataka

Decided on: Mar-17-2015

..... of karnataka v seenappa air1992sc1531and gm harkuni v tahshildar air1993sc98 the incidental reference to the doctrine of feeding the grant by estoppel in considering the conspectus of sections 5 6 7 ..... incidental questions this decision is again referred to only to urge the application of the doctrine of feeding the grant by estoppel as made applicable in certain circumstances and discussed in .....

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Feb 06 2015 (HC)

Nilam Katara Vs. State Govt. of Nct of Delhi and Ors.

Court: Delhi

Decided on: Feb-06-2015

..... as the foundation of every criminal sentence that is justifiable in other words the doctrine of proportionality has valuable application to the sentencing policy under the indian criminal jurisprudence ..... order being passed wholly without jurisdiction or affectation of public confidence as regards the doctrine of integrity in the justice delivery system technicality ought not to outweigh the course .....

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