Concurrent List - Law Dictionary Search Results
Home Dictionary Name: concurrent listConcurrent list
Concurrent list, is also known as List III, Constitution of India, Art. 254(i).Is a list of subjects appended to a federal Constitution in respect of which the federal legislature and the State or the regional legislatures have power to make laws, federal law prevailing in case of conflicts, The Office of the Speaker in the Parliaments of Commonwealth, Wilding and Philips Laundry, p. 132.The object of a concurrent list of subjects over which the centre and the units have concurrent power is uniformity, Commentary on the Constitution of India, Durga Das Basu, Vol. 4, 5th Edn., p. 178.The question of repugnancy arises in case of subjects enumerated in concurrent list, Deep Chand v. State of Uttar Pradesh, AIR 1959 SC 648....
Legislative relations
Legislative relations, is the relations relating to lawmaking power, Parliament to make laws on the subjects mentioned in Union List and State Legislatures on those mentioned in State Lists, Constitution of India, Art. 246(1) & (2).The Parliament can legislate on matters in concurrent list, Constitution of India, Art. 246(2).In case of conflicts the union law prevails, Prafulla Kumar v. Bank of Commerce, AIR 1947 PC 60....
Jammu and Kashmir
Jammu and Kashmir, is a State in India, its territory is the same which comprised the territory of the Indian State of Jammu and Kashmir before the commencement of the Constitution. The State acceded to the Dominion of India on 26 October, 1947 after executing an instrument of accession, Commentary on the Constitution of India, Durga Das Basu, Vol. D, 6th Edn., p. 14.Enjoys a special status in the Indian Union with regard to the operation of the Constitution. The position of the State offer from other States. The legislative authority of the Union Parliament in respect of this State is limited to those matters in the Union lists and the Concurrent lists, which are declared by the President in consultation with the State Government, the conform to the terms of the instrument of Accession. Only such of other provisions of the Constitution will apply to this State as the President may by order specify. (Constitution of India, Art. 370)...
Repugnancy
Repugnancy, between the two pieces of legislation, means that conflicting results are produced when both laws are applied to the same set of facts. Repugnancy arises when the provisions of both laws are fully inconsistent or are absolutely irreconcilable and that it is impossible to obey without disobeying the other. Repugnancy would arise when conflicting results are produced when both the statutes covering the same field are applied to a given set of facts, Vijay Kumar Sharma v. State of Karnataka, (1990) 2 SCC 562 (602): AIR 1990 SC 2072. See also AIR 1959 SC 648 (665). [Constitution of India, Art. 254]Repugnancy, denotes the contradictory of each other, said of clauses, Will, etc., A Dictionary of Law, Willium C. Anderson, 1889, p. 885.Repugnancy, in India, if a State law is repugnant to the Union law relating to the same subject in the concurrent list, the Union law will prevail and the State law will fail to the extent of repugnancy; however, if the State law has been assented to...
cause
cause 1 : something that brings about an effect or result [the negligent act which was the of the plaintiff's injury] NOTE: The cause of an injury must be proven in both tort and criminal cases. actual cause : cause in fact in this entry but-for cause : cause in fact in this entry cause in fact : a cause without which the result would not have occurred called also actual cause but-for cause concurrent cause : a cause that joins simultaneously with another cause to produce a result called also concurring cause compare intervening cause and superseding cause in this entry di·rect cause : proximate cause in this entry ef·fi·cient in·ter·ven·ing cause : superseding cause in this entry intervening cause 1 : an independent cause that follows another cause in time in producing the result but does not interrupt the chain of causation if foreseeable called also supervening cause compare concurrent cause and superseding cause in this entry 2 : super...
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