Expressly - Year 2016 - Judgments

Nov 11 2016 (SC)

Jindal Stainless Ltd. and Anr. Vs. State of Haryana and Ors.

Court: Supreme Court of India

Decided on: Nov-11-2016

..... can prevent that legislature from legislating about it unless the constitution act itself expressly prohibits legislation on the subject either absolutely or conditionally accordingly in the absence ..... encroach upon the governmental functions or instrumentalities of the other unless the constitution expressly provides for such interference in ii kesavanada bharathi v state of kerala hereinafter .....

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Jul 13 2016 (SC)

Nabam Rebia and Etc. Etc. Vs. Deputy Speaker and Ors.

Court: Supreme Court of India

Decided on: Jul-13-2016

..... 1 the discretionary power of the governor extends to situations wherein a constitutional provision expressly requires the governor to act in his own discretion thirdly the governor can additionally ..... his discretionary powers independently moreover as noted above article 163 2 of the constitution expressly prohibits challenging the validity of the exercise of such discretionary power 82 state of .....

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Feb 05 2016 (HC)

Tata Teleservices Vs. Union of India

Court: Gujarat

Decided on: Feb-05-2016

..... by necessary implication it is trite law that every gimme is prospective unless it is expressly or by necessary implication made to have retrospective operation limitation provision therefore can be ..... does not intend to attribute to the amending provision a greater retrospectivity than is expressly mentioned nor to authorize the income tax officer to commence proceedings which before the .....

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Oct 07 2016 (HC)

Raffles Design International India Private Limited & Anr. Vs.educomp P ...

Court: Delhi

Decided on: Oct-07-2016

..... apply to the international commercial arbitrations which take place outside india unless parties had expressly or impliedly excluded the applicability of the act he submitted that even if it ..... with regard to retrospective application to pending proceedings was not accepted therefore section 26 expressly provides that nothing in the amendment act would apply to pending arbitral proceedings the .....

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Apr 25 2016 (HC)

Roche Products (India) Pvt Ltd. and Others Vs. Drugs Controller Genera ...

Court: Delhi

Decided on: Apr-25-2016

..... of the plaint by the plaintiffs in the unamended plaint admittedly the plaintiffs had expressly reserved their right to challenge the purported approvals granted in connection with the defendants ..... inherent jurisdiction unless a part of that jurisdiction is carved out from such jurisdiction expressly or by necessary implication by any statutory provision and conferred on other tribunal or authority .....

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Aug 04 2016 (HC)

Government of National Capital Territory of Delhi and Others Vs. Union ...

Court: Delhi

Decided on: Aug-04-2016

..... 163 1 the discretionary power of the governor extends to situations wherein a constitutional provision expressly requires the governor to act in his own discretion thirdly the governor can additionally ..... the impugned notifications are traceable to entry 2 police of list ii which has been expressly excluded from the legislative competence of the legislative assembly of nctd and consequently no .....

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Aug 31 2016 (SC)

M/S Shanti Conductors(P) Ltd. and Anr. Vs. Assam State Electricity Boa ...

Court: Supreme Court of India

Decided on: Aug-31-2016

..... cardinal principle of construction that every statute is prima facie prospective unless it is expressly or by necessary implication made to have retrospective operation there is a presumption of ..... conferred by a statute which remains unaffected by subsequent changes in law unless modified expressly or by necessary implication procedural law establishes a mechanism for determining those rights and .....

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Apr 13 2016 (HC)

Traxpo Enterprises Pvt. Ltd. Vs. Kolmar Group AG

Court: Mumbai

Decided on: Apr-13-2016

..... the international scale of goods shall not apply to this contract 14 jurisdiction each party expressly submits to the jurisdiction of the high court of london without recourse to arbitration 3 ..... non exclusive jurisdiction the english court would in any event have such jurisdiction and by expressly agreeing to english jurisdiction they must be seeking to add something i e that england .....

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Oct 26 2016 (HC)

Advocates' Forum for Social Justice rep. by its President, Mr. K. Balu ...

Court: Chennai

Decided on: Oct-26-2016

..... provisions found in part iii of the constitution of india which notwithstanding other provisions are expressly made enforceable by appropriate writs orders or directions under articles 32 and 226 of the ..... as while a statute dealing with substantive rights is prima facie prospective unless it is expressly or by necessary implication made to have retrospective effect a statute concerned mainly with .....

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Jun 13 2016 (HC)

R. Gowrishankar Vs. The Commissioner of Service Tax (Appeals)-I, Chenn ...

Court: Chennai

Decided on: Jun-13-2016

..... for consideration was whether sub section 3 could be said to expressly exclude the provisions of section 5 of the limitation act which ..... have to determine is whether the provisions of this section are expressly excluded in the case of reference to high court it was ..... prescribed for any suit appeal or application unless they are not expressly excluded by the special or local law 32 in view of .....

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