Legislative Intent - Year 2012 - Judgments

Jun 22 2012 (HC)

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court: Kolkata

Decided on: Jun-22-2012

..... of public purpose rdquo 241 it is submitted that in the instant case the impugned legislative intention is to serve the interest of handful of landowner and to defeat the larger public ..... seaford estates to uphold the validity of the statutory provision therefore it is submitted that intention of legislation should be first gathered from the title preamble statement of objection and the provisions .....

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Jun 22 2012 (HC)

Tata Motors Limited and Others Vs. the State of West Bengal and Others

Court: Kolkata

Decided on: Jun-22-2012

..... of public purpose 8221 250 it is submitted that in the instant case the impugned legislative intention is to serve the interest of handful of landowner and to defeat the larger public ..... seaford estates to uphold the validity of the statutory provision therefore it is submitted that intention of legislation should be first gathered from the title preamble statement of objection and the provisions .....

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May 08 2012 (SC)

State of Kerala and ors. Vs. Ms. Mar Appraem Kuri Co.Ltd. and ors.

Court: Supreme Court of India

Decided on: May-08-2012

..... set of words or form of drafting but that if the legislative intent to supersede the earlier law is manifested by the enactment of ..... of the word repeal in the later statute now if the legislative intent to supersede the earlier law is the basis upon which the ..... with a superior efficacy expressly or impliedly evinces by its legislation an intention to cover the whole field the enactments of the other .....

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Jul 12 2012 (HC)

The Oriental Insurance Co. Ltd. Through Its Regional Office, Leo Shopp ...

Court: Karnataka

Decided on: Jul-12-2012

..... process of construction therefore combines both literal and purposive approaches in other words the legislative intention i e the true or legal meaning of an enactment is derived by considering ..... is directed in all ordinary cases primarily the language employed is the determinative factor of legislative intention the mischief against which the statue is directed and perhaps thought to an undefined .....

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Apr 03 2012 (HC)

Janekere C. Krishna Vs. State of Karnataka and Others

Court: Karnataka

Decided on: Apr-03-2012

..... of justice and reason justice and reason constitute the great general legislative intent in every piece of legislation legislation has an aim it seeks to obviate some mischief to supply ..... of justice and reason justice and reason constitute the great general legislative intent in every piece of legislation consequently where the suggested construction operates harshly ridiculously or in any .....

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Jun 28 2012 (FN)

National Federation of Independent Business Vs. Sebelius

Court: US Supreme Court

Decided on: Jun-28-2012

..... touchstone for any decision about remedy is legislative intent for a court cannot use its remedial powers to circum ..... state federal spending clause programs the legitimacy of spending clause legislation however depends on whether a state voluntarily and knowingly accepts ..... intention to retain full and complete power to make such alterations and amendments as come within the just scope of legislative .....

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Aug 14 2012 (HC)

K.S. Shajahan Vs. State of Kerala

Court: Kerala

Decided on: Aug-14-2012

..... which is plain and unambiguous language employed in a statute itself determines and indicates the legislative intent if the language is clear and unambiguous it would not be proper for the court ..... to add any words thereto and evolve some legislative intent not found in the statute 21 sri mathew kuriakose learned counsel for the petitioner vehemently .....

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Sep 07 2012 (HC)

Reliance Industries Limited and Others Vs. State of U.P. and Others

Court: Allahabad

Decided on: Sep-07-2012

..... 15 is it permissible to refer to the law commission s report to ascertain the legislative intent behind the provision we are of the view that where a particular enactment or amendment ..... to hold that earlier and special legislation indirectly repealed altered or derogated from merely by force of such general words without any indication of a particular intention to do so in such .....

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May 23 2012 (FN)

Test Claimants in the Franked Investment Income Group Litigation Vs. C ...

Court: UK Supreme Court

Decided on: May-23-2012

..... the difficulty of the constitutional issues which would arise in inquiring into the legislative intention behind the amending legislation the point was not raised in the court of appeal or in this ..... court is now concerned which similarly with effect from when government first announced its intention so to legislate similarly eliminates with regard to tax repayment claims based on a mistake of .....

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May 11 2012 (HC)

M/S.Mahalaxmi Cotton Ginning Pressing and Oil Industries Vs. the State ...

Court: Mumbai

Decided on: May-11-2012

..... section 42 3 of the bombay sales tax act 1959 it is evident that the legislative intent was not only to confine it to a case such as century plastics the plain ..... in conjunction with the word 8220 paid 8221 leaves no manner of doubt about the legislative intent a set off is available where tax has been deposited in the treasury and to .....

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