Court : Kolkata
Decided on : Jun-22-2012
..... held as follows:-“40. regulation 16(4) provides that the council shall on the consideration of the report and the further report, if any, and the representation of the member, record its findings.”“51. it is true that this court in interpreting the constitution enjoys a freedom which is not available in interpreting a ..... in paragraph 7. he submitted that the court must not seek an unnecessary confrontation with the legislature, particularly since the legislature consists of representatives elected by the people. a court can declare a statute to be unconstitutional when there can be no manner of doubt that it is flagrantly unconstitutional and there is no way ..... impugned act relates is taking over tata motor’s leasehold comprising land by acquisition and the simultaneous vesting in state for returning the land to some unidentified people alleged to be unwilling owners for the purpose of conferring unencumbered title to them.61. mr. pal further submitted that acquisition is the only mechanism .....
Tag this Judgment!Court : Kolkata
Decided on : Jun-22-2012
..... held as follows:- “40. regulation 16(4) provides that the council shall on the consideration of the report and the further report, if any, and the representation of the member, record its findings.” “51. it is true that this court in interpreting the constitution enjoys a freedom which is not available in interpreting a statue ..... in paragraph 7. he submitted that the court must not seek an unnecessary confrontation with the legislature, particularly since the legislature consists of representatives elected by the people. a court can declare a statute to be unconstitutional when there can be no manner of doubt that it is flagrantly unconstitutional and there is no way ..... “para86 at page 313 of the said judgment although there exists a presumption that an act is constitutional and that legislature understands and appreciates needs of the people, but when the law is ex facie discriminatory or arbitrary or violative of any other provisions of the constitution or a law laid down by the supreme .....
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