Pith And Substance - Law Dictionary Search Results
Home Dictionary Name: pith and substance Page 1 of about 6 results ( seconds)Pith and substance
Pith and substance, as per this doctrine, the question whether an impugned law would relate to the subject-matter within jurisdiction of one legislature or the other is decided by the substance or the real scope of the impugned law and the subject-matter to which it really relates, and not by the label the Legislature has given to it, Commentary on the Constitution of India, Durga Das Basu, 6th Edn., Vol. C, p. 43; State of Rajasthan v. V.G. Chowla, AIR 1959 SC 544; Sajjan Singh v. State of Rajasthan, AIR 1985 SC 845.Pith and Substance, is a doctrine relating to the interpretation of statutes; evolved by the Privy Council, to solve the problem of competitive legislatures, Gallaghar v. Lynm, (1937) AC 863; Prafulla Kumar v. Bank of Commerce, AIR 1947 SC 28.Pith and substance, once a law 'in pith and substance' falls within a legislative entry, an incidental encroachment on an entry in another list does not affect its validity, Gallagher v. Lynn., (1937) AC 863 (PC).When there is a confl...
Pith and substance-doctrine of
Pith and substance-doctrine of, the doctrine of 'pith and substance' means that if an enactment substantially fall within the powers expressly conferred by the Constitution upon the legislature which enacted it, it cannot be held to be invalid, merely because it incidentally encroaches on matters assigned to another legislature. When a law is impugned as being ultra vires of the legislative competence, what is required to be ascertained is the true character of the legislation. If on such an examination it is found that the legislation is in substance one on a matter assigned to the legislature then it must be held to be valid in its entirety even though it might incidentally trench on matters which are beyond its competence. In order to examine the true character of the enactment, the entire Act, its object and scope and effect, is required to be gone into. The question of invasion into the territory of another legislation is to be determined not by degree but by substance. The doctri...
Grounds
Grounds, 'Grounds' within the contemplation of s. 8(1) of the Maintenance of Internal Security Act, 1971 means 'materials' on which the order of detention is primarily based. Apart from con-clusions of facts, 'grounds' have a factual constituent, also. They must contain the pith and substance of primary facts but not subsidiary facts or evidential details. This requirement as to the communication of all essential constituents of the grounds, Vakil Singh v. State of J&K, AIR 1974 SC 2337: (1975) 3 SCC 545.Grounds mean all the basic facts and materials which have been taken into account by the detaining authority in making the order of detention and on which therefore, the order of detention is based, Khudiram Das v. State of West Bengal, AIR 1975 SC 550: (1975) 2 SCC 81: (1975) 2 SCR 832.'Grounds' in Article 22(5) do not mean mere factual inferences but mean factual inferences plus factual material which led to such factual inferences. The 'grounds' must be self-sufficient and self-expl...
With respect to
With respect to, the expression 'with respect to' in Article 246 of the Constitution of India brings in the doctrine of 'Pith and Substance' in the understanding of the exertion of legislative power and wherever the question of legislative competence is raised the test is whether the legislation, looked at as a whole, is substantially 'with respect to' the particular topic of legislation, Ujagar Prints v. Union of India, AIR 1989 SC 516: (1989) 3 SCC 488 (513): (1988) Supp 3 SCR 770. (Constitution of India, Art. 246)...
Matter
That of which anything is composed constituent substance material the material or substantial part of anything the constituent elements of conception that into which a notion may be analyzed the essence the pith the embodiment...
Pith
The soft spongy substance in the center of the stems of many plants and trees especially those of the dicotyledonous or exogenous classes It consists of cellular tissue...
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