Enactive - Judgment Search Results

Shri Kihota Hollohon Vs. Mr. Zachilhu and Others

Court: Supreme Court of India

Reported in: AIR1993SC412,JT1992(1)SC600,1992(1)SCALE338,1992Supp(2)SCC651,[1992]1SCR686

..... provisions a viable whole this doctrine has no application where the legislation is not validly enacted due to non compliance of the mandatory legislative procedure such as the mandatory special procedure ..... no application since designation of authority in the tenth schedule is made by choice while enacting the legislation instead of adopting the other available options 103 since the conferment of .....

New York Vs. United States

Court: US Supreme Court

..... that congress may not commandeer the states legislative processes by directly compelling them to enact and enforce a federal regulatory program but must exercise legislative authority directly upon ..... federal regulatory program the constitution permits both the federal government and the states to enact legislation regarding the disposal of low level radioactive waste the constitution enables the .....

Chellamma Kamalamma and ors. Vs. Narayana Pillai Prabhakaran Nair

Court: Kerala

Reported in: AIR1993Ker146

..... in cochin the three component parts of the present kerala state most of the enactments contain provisions regarding marriage and its dissolution maintenance and guardianship intestate succession testamentary ..... of the common ancestors was dispensed with in 1956 the parliament passed four enactments on marriage succession minority and guardianship and adoptions and maintenance as mentioned earlier .....

Presley Vs. Etowah County Comm'n

Court: US Supreme Court

..... of 5 s coverage beyond the statutory language and congressional intent by including innumerable enactments such as budget measures that alter the power and decisionmaking authority of elected officials ..... appellants argue that the common fund resolution is a covered change because after its enactment each commis 504 sioner has less individual power than before the resolution a citizen casting .....

indra Sawhney Etc. Etc Vs. Union of India and Others, Etc. Etc.

Court: Supreme Court of India

Reported in: AIR1993SC477; [1992]Supp2SCR454; 1992DGLS(soft)768:1992Supp(3)SCC217

..... caste sex or place of birth 128 to achieve the above objectives the government have enacted innumerable social welfare legislations and geared up social reformative measures for uplifting the social ..... that the constitutional provision namely namely clause 4 of article 16 proclaiming a fundamental right enacted about 42 years ago for providing equality of opportunity in matters of public employment .....

Saurashtra Cement and Chemical Indus. Ltd. Vs. Union of India

Court: Gujarat

Reported in: 1993(42)ECC126; 1995(79)ELT367(Guj); (1993)1GLR5

..... accrued under the provisions of the original act which are re enacted are not affected by the amendment the learned author has ..... of the original rules further after omission of rule 10 by enacting section 11a the legislature has continued the provisions of the ..... so done no contrary intention is expressed by the legislature by enacting an act therefore the said right continues the court further .....

Cipollone Vs. Liggett Group, Inc.

Court: US Supreme Court

..... law damages actions exert a regulatory effect on manufacturers analogous to that of positive enactments an assumption crucial to the plurality s conclusion that the phrase requirement or ..... expressed intent to avoid diverse nonuniform and confusing regulations most naturally refers to positive enactments by state legislatures and federal agencies not to common law damages actions finally there .....

Hotel Balaji and Others, Etc. Etc. Vs. State of Andhra Pradesh and Oth ...

Court: Supreme Court of India

Reported in: AIR1993SC1048; JT1992(6)SC182; 1993(37)KarLJ204; 1992(2)SCALE924; 1993Supp(4)SCC536; [1992]Supp2SCR182; [1993]88STC98(SC)

..... represent the correct principle in matters where the legislative competence of a legislature to enact a particular provision arises if so the very foundation of the appellants arguments collapses ..... possible adverse verdict applying the ratio of goodyear the question is whether the provision now enacted with retrospective effect is beyond the legislative competence of gujarat legislature it not no .....

L. Venkatesh Naik and anr., Etc. Etc. Vs. Assistant Collector, Special ...

Court: Kerala

Reported in: AIR1992Ker383

..... affect any penalty forfeiture or punishment incurred in respect of any offence committed against any enactment so repealed or e affect any investigation legal proceeding or remedy in respect of any ..... proceeding obligation liability penalty forfeiture or punishment arising out of or imposed under the repealed enactment section 6 of the general clauses act is considered to be built in and written .....

Planned Parenthood of Southeastern PA. Vs. Casey

Court: US Supreme Court

..... choice is thoughtful and informed even in the earliest stages of pregnancy the state may enact rules and regulations designed to encourage her to know that there are philosophic and social ..... legitimacy not from following public opinion but from deciding by its best lights whether legislative enactments of the popular branches of government comport with the constitution the doctrine of stare decisis .....