Severability Clause - Judgment Search Results

National Federation of Independent Business Vs. Sebelius

Court: US Supreme Court

..... with the chief justice s conclusion in part iv b that the medicaid act s severability clause 42 u s c 1303 determines the appropriate remedy because the chief justice finds the ..... of this court to put them there nbsp nbsp nbsp nbsp the government cites a severability clause codified with medicaid in chapter 7 of the united states code stating that if any .....

Justice k.s.puttaswamy(retd) Vs. Union of India

Court: Supreme Court of India

..... in this scenario entire act was bound to fail as there is no provision for severing clauses in indian constitution unlike section 55 of the australian constitution insofar as justiciability of the ..... to g once that is the position it could be impossible to sever those parts which fall within sub clauses a to g and those that lie outside the presence of matters .....

State of Orissa and ors. Vs. Titaghur Paper Mills Company Limited and ...

Court: Supreme Court of India

Reported in: AIR1985SC1293; 1986(1)ARBLR135(SC); 1985(2)SCALE410; 1985Supp(1)SCC280; [1985]3SCR26; [1985]60STC213(SC)

..... in order to ascertain the true meaning of its several clauses and the words of each clause must be so interpreted as to bring them ..... the property would only pass and the sale completed after severance and the impugned provisions would have no application therefore for ..... that the property in the standing trees passed only after severance and after complying with the conditions of that contract and .....

Buckley Vs. Valeo

Court: US Supreme Court

..... a candidate s or a party s first amendment rights it imposes by invoking the severability clause of subtitle h such limitations on qualifying for public funds footnote 2 17 see e ..... of the act have been declared unconstitutional for me the presumption of severability has been rebutted to invoke a severability clause to salvage parts of a comprehensive integrated statutory scheme which parts standing .....

A.K. Gopalan Vs. the State of Madras

Court: Supreme Court of India

Reported in: AIR1950SC27; 1950CriLJ1383; (1950)IIMLJ42(SC); [1950]1SCR88

..... determined by the court to the extent laid down in the several clauses of article 19 though no such review is permissible with regard ..... the state on the extent mentioned in the several clauses 2 to 6 of that article those clauses save the power of the state to ..... his person as i have already stated besides the several rights mentioned in the several sub clauses of article 19 1 there are many other .....

In Re: the Delhi Laws Act, 1912, the Ajmer-merwara (Extension of Laws) ...

Court: Supreme Court of India

Reported in: [1951]2SCR747

..... coming within the classes of subjects hereinafter enumerated that is to say 441 here followed several clauses it will be noticed that in the body of the section there was only an ..... possess all the attributes of sovereignty that the british parliament possesses no less than eight several points of dissimilarity between the sovereign british parliament and a non sovereign dominion legislature have .....

Wyoming Vs. Oklahoma

Court: US Supreme Court

..... 45 25 p 2d 312 1933 it is also true that under oklahoma law a severability clause in a statute creates a presumption that the legislature would have adopted the statute with ..... 14 see e g ins v chadha 462 u s 919 932 1983 where the severability clause provided if any particular provision of this act or the application thereof to any person .....

Exxon Corp. Vs. Eagerton

Court: US Supreme Court

..... 3301 et seq 1976 ed supp v although act 79 434 contained a severability clause the court held the entire act invalid and ordered appellee commissioner of revenue of the ..... prohibition and the royalty owner exemption against appellants challenges under the contract clause and the equal protection clause since the severability of the pass through prohibition from the remainder page 462 u s 197 of the .....

ins Vs. Chadha

Court: US Supreme Court

..... is clearly a particular provision of the act as that language is used in the severability clause congress clearly intended the remainder of the act to stand if any particular provision were ..... of separation of powers 102 1965 justice rehnquist with whom justice white joins dissenting a severability clause creates a presumption that congress intended the valid portion of the statute to remain in .....

ShIn Satellite Public Co. Ltd. Vs. JaIn Studios Limited

Court: Supreme Court of India

Reported in: AIR2006SC963; 2006(3)ALT7(SC); 2006(1)ARBLR286(SC); 2006(2)AWC1259(SC); (2006)2CompLJ417(SC); JT2006(2)SC89; 2006(2)SCALE53; (2006)2SCC628

..... are legal valid and binding can be enforced 13 moreover the agreement itself provides for severability clause 20 of the agreement declares that if any provision is held invalid illegal or unenforceable ..... become void or inoperative in babasaheb rahimsaheb v rajaram raghunath 1931 33bomlr260 there were several clauses in the contract when the question as to enforceability came up before the court it .....