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Showing posts with label administrative law. Show all posts
Showing posts with label administrative law. Show all posts

Tuesday, November 10, 2020

Possibility of Abuse not a ground to strike down a legislation

 

 In Sushil Kumar Sharma v. Union of India, (2005) 6 SCC  at page 285 this Hon'ble Court has held that:

12. It is well settled that mere possibility of abuse of a provision of law does not per se invalidate a legislation. It must be presumed, unless the contrary is proved, that administration and application of a particular law would be done “not with an evil eye and unequal hand”. (See A. Thangal Kunju Musaliar v. M. Venkatichalam Potti [(1955) 2 SCR 1196 : AIR 1956 SC 246)

 

 See also

(R.K. Garg v. Union of India, (1981) 4 SCC 675, para. 8).  

Wednesday, August 17, 2011

Order is not effective unless communicated to the concerned party

AIR 1963 SC 395
AIR 1996 SC 1313
AIR 1998 SC 2722
(2002) 8 SCC 443
(2003) 5 SCC 413