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Sunday, September 16, 2012

Naming of Districts - Power of State

Naming of districts – power of the State. See Dr. V Balasundaram v. Chief Minister of Tamil Naldu, AIR1994Mad20

Doctrine of Political Questions

Doctrine of political questions' the court will not entertain matters that are inherently political and do not involve legal question, or where the questions involved are overtly political          Databhau v. State of Maharashta, 2007(3)BomCR667 (Bombay High Court)

Friday, September 7, 2012

Saturday, August 25, 2012

Special Appeal Pending - Writ Petitioner's interest to be protected

When special appeal involving the same questions of law which are subject matter of a fresh writ petition is pending adjudication, the interest of the writ petitioner is to be protected in the interim. 

Writ Petition No. 4047 of 2012 (S/S) dated 24.8.2012

Monday, August 20, 2012

Strict Construction of Taxing Statutes

A taxing statute, as is well-known, must be construed strictly. In Sneh
Enterprises v. Commissioner of Customs [2006] 7 SCC 714, it was held :

"While dealing with a taxing provision, the principle of 'Strict Interpre-
tation should be applied. The Court shall not interpret the statutory
provision in such a manner which would create an additional fiscal burden on
a person. It would never be done by invoking the provisions of another Act,
which are not attracted. It is also trite that while two interpretations are
possible, the Court ordinarily would interpret the provisions in favour of a
taxpayer and against the Revenue."

Sunday, August 19, 2012

Alternative Remedy - Writ & Arbitration

AIR 2012 Chh 123 (relying on AIR 2008 SC 2160)
 
Action is not for enforcment of contractual obligation, but to protection the Petitioner from arbitrary action of the State - writ would be maintainable.

Cooperative Society would be public authority - if substantially financed

 
AIR 2012  Del 112
 
NZRE Coop v. Central Registrar, Co-op Society