Constitutional Law 2

Front 1

Bengal v India

Back 1

Competing land acquisitions, intent to acquire

Hint 1

III.42, Anti-federal features

Front 2

K'taka v India

Back 2

Clashing inquiries

Hint 2

Different matter, locus upheld, s3 Inquiry Act valid

Front 3

In re Berubari

Back 3

Radcliffe/Bagge Awards, enclave 12, Coochbihar, Indo- Pak Agreemen

Hint 3

Art. 368 am. -> Art. 3 law re, amendment

Front 4

Maganbhai Patel

Back 4

.

Hint 4

Parl needn't ratify binding Trib. Award defining border

Front 5

N Masthan Sahib

Back 5

Rival stage carriage route operators, Motor Vehicles extended to Pondy, Transport Auth. notification

Hint 5

Control w/o acquisition, Territory wrt 1/12/32, art 142

Front 6

Babulal Parate v Bom.

Back 6

One Bombay, state's trifurcation advice ignored

Hint 6

No State advice on amendments, Amendment != Bill u/Art. 3, View on one State already taken

Front 7

Mulleperiyar EPF

Back 7

Dam leakage, 136/152 ft, safety steps, overage

Front 8

Ram Jawaya Kapur

Back 8

Schoolbook policy change -> govt monopoly/royalty

Hint 8

Hyphen theory - No legislative action required, commercial power of govt, 19(1)(g) not infringed

Front 9

UNR Rao v Indira Gandhi

Back 9

1970 LS dissolution, R continued as PM

Hint 9

A&A clause mandatory, no presidential govt.

Front 10

Rameshwar Prasad

Back 10

Hung Bihar LA, Prez rule, Governor as delegate, horse-trading

Hint 10

Illegal dissoln. - Cogent evidence not found, can review arbitrary/mala fide gub action, gov starts from EC notifn.

Front 11

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Back 11

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Front 12

A Sanjeevi Naidu

Back 12

Stage carriage nationalization, govt sec to form opinion

Hint 12

MVA allocated to Transport not Home, Art. 166 (3) - allocation to Sec allowed if gov recommends

Front 13

Presidential Poll

Back 13

Poll held while Guj LA dissolved

Hint 13

Arts 54-63 143, 170, 'Practicable' proportionality, Qualified at eln time, permanent succession, no State election on old census

Front 14

SP Anand v Deve Gowda

Back 14

Hung 1996 parl, R not MP but made PM

Hint 14

PM = 'Minister' u/Art 75(5), 6 month exemption, Sectional unpopularity

Front 15

Shamsher Singh v PB

Back 15

Terminated Jud. Serv. probationer + officer

Hint 15

Mandatory A&A for appointing/firing, probatnr reinstated, inquiry for officer

Front 16

MP Spl. Police

Back 16

CoM rejects Lokayukta report - Gov'nor POCA sanction

Hint 16

Gov'nor discretion where CoM doesn't apply mind/is biased

Front 17

KM Nanavati

Back 17

Governor susp'd HC sentence till appeal, unexecuted warrant, surrender rule exemption SLP

Hint 17

Suspension of sentence - A142 (sub-judice) v A161 (after conviction), Invalid order - SLP dismissed

Front 18

Kehar Singh

Back 18

Rejected mercy petn w/o merit evaluation

Hint 18

A&A, Prez can see merits, no review except Maru Ram, oral hearing at discretion, no guidelines reqd

Front 19

Maru Ram

Back 19

'78 am. - 433A CrPC - lifers/commutees must serve 14 yrs

Hint 19

Const. trumps codes Prez/Gov can still reduce sentence, Art 14 not infringed

Front 20

Epuru Sudhakar

Back 20

Victim's son v murderer, parole cancelled, wife MLA, granted parole + remission

Hint 20

Review grounds: Appl'n of mind, mala fide, irrelevant consideration, ignored material, arbitrariness

Front 21

Kuldip Nayar

Back 21

Domicile requirement for election removed, open ballot introduced

Hint 21

Art 80(4) [representation], Art 84 + 327 + I.72 (competence):Residence is not necessary for representation. Ordinary legislation can't be challenged on basic structure grounds. Open voting required to avoid cross-voting and fight corruption.

Front 22

BR Kapur v TN

Back 22

Mad HC suspended Amma's conviction. Election nomination papers rejected. Still became CM.

Hint 22

Art 173/191 (disqualifications):No presumption of innocence till appeal decided. Disqualification continues despite suspension. Governor not bound by winning party's decision.

Front 23

In re Keshava Singh

Back 23

Arrest warrant for lawyer/judges granting bail to KS in contempt case.

Hint 23

105, 194(3) (pwrs/privileges), #HC:Contempt arrest warrant must state facts. LA's privilege decision justiciable wrt FRs. Relevant law officers not in contempt.

Front 24

Raja Ram Pal v Speaker, LS

Back 24

MLAs expelled for corruption based on comm rept

Hint 24

105:Court can rule on powers&privileges. 105 includes expulsion power within constitutional limits.

Front 25

Jaya Bachan

Back 25

Film Dev Council post with $ and perks.

Hint 25

Art 102 (office of profit):Test is ability to yield gain. Nomenclature irrelevant.

Front 26

AK Roy

Back 26

Validity of National Security Ordinance

Hint 26

Art 123:Ordinance = ordinary law for purposes of substantive/procedural review.

Front 27

DC Wadhwa

Back 27

Validity of Governor repeatedly promulgating same ordinances.

Hint 27

Art 213:Governor's indirect assertion of power to legislate unconstitutional.

Front 28

RK Garg

Back 28

Ordinance.

Hint 28

123:Emergent circumstance required.

Front 29

SP Gupta v President

Back 29

Govt's new judge tf. policy.

Hint 29

:CJ has no primacy over other persons consulted. President has discretion to ignore CJ's advice in appointment.

Front 30

SC AoRs Assn.

Back 30

Court packing, arbitrary and selective tfs, judiciary credibility problems, vacancies

Hint 30

:CJ has primacy, provided consensus with State CJ/other judges. President can request reconsideration.

Front 31

Special Ref. 1

Back 31

President buying time for appointing Punchhi's candidates.

Hint 31

:Expanded collegium. No State CJ. Consensus in collegium necessary.

Front 32

Bihar v Charusila Dasi

Back 32

Bihar Trust Act authority asked R to pay returns for her trust properties situate in WB.

Hint 32

:Doctrine of territorial nexus. Levy applies to property outside Bihar if relevant trust is in the State.

Front 33

Bombay v RMDC

Back 33

R newspaper shifted to Mysore as Bombay license was not renewed. Amendments to Bombay Prizes Act included extra-State competitions.

Hint 33

:Sufficient nexus as lottery was organized substantially within the State and generated revenue there.

Front 34

Tata Iron & Steel v Bihar

Back 34

Bihar Sales Tax levied on goods sold outside.

Hint 34

GOI Act 1935. Bihar Sales Tax Act - sale definition.:LA competent to enact as manufacture is sufficient nexus. Not an excise duty in disguise even when seller has to bear. Nexus test applies to sales tax laws.

Front 35

AP v Nat'l Thermopower Co

Back 35

Inter-state sale of electricity.

Hint 35

ll.52-53I I.92 A :State cannot levy tax on inter-state electricity sale-multiple taxation would hamper movement.

Front 36

Gujarat University v KR Mudholkar

Back 36

Student denied entry to English-medium classes.

Hint 36

II.11 (primary/secondary education), I.66 (higher ed). #hc:University regulations and State law both beyond competence.

Front 37

DAV College v Punjab

Back 37

Compulsory association with Guru Nanak University under Punjab Act.

Hint 37

:Petitioner must show FR infringement to maintain petition challenging legislative competence.

Front 38

Prafulla Kumar Mukherjee

Back 38

Assets of previous lender taken over by R. Bengal Act limited liability on pro-notes. Whether pro-note liability came under "money-lending" in State list

Hint 38

:Doctrine of path and substance, encroachment was only Incidental

Front 39

K'taka v Drive-in Enterprises

Back 39

Entertainment tax levied on entry of cars into open-air theater

Hint 39

II.62:true bearer of levy was person who was able to watch the film in the comfort of her car.

Front 40

RJ v G Chawla

Back 40

Prosecution for violating conditions on use of sound amplifiers.

Hint 40

III.31 and II.6:Regulation of usage distinguished from regulation of ownership and possession. Field not occupied yet.

Front 41

B Vishwanathaia v K'taka

Back 41

Silkworm Seed act extended to silk yarn.

Hint 41

II.27,24, I.52, III.33:State can regulate raw materials/distribution of product even for industry of national importance. No repugnancy found.

Front 42

Int'l Tourist Co v Haryana

Back 42

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Hint 42

.:.

Front 43

KC Gajapati v Orissa

Back 43

In estates abolition act, top-tax rate increased, benefiting intermediaries.

Hint 43

Doctrine of colourable legislation:No indirect attempt to legislate beyond competence found. Provision upheld.

Front 44

Assam v Horizon Union

Back 44

Industrial Tribunal appointee held ADJ post for 3 yrs w/o working. Centre's amendment removed HC consultation requirement.

Hint 44

Occupied field/repugnancy.:Appointment valid. Implied repeal of repugnant State Act provisions.

Front 45

Hoechst Pharma

Back 45

BR Act put non-t'fable sales tax surcharge burden on producers.

Hint 45

BR Fin Act, Essential Commodities > Drug Px. Ctrl Order:Valid surcharge. P&S u/II. Repugnancy arises only u/III.

Front 46

Zaverbhai Amaidas v Bombay

Back 46

Conviction under order made under Act impliedly repealed by Centre.

Hint 46

Art 246 - law wrt "same matter":Appeal dismissed. Same punishment could be made under amended statute.

Front 47

HS Dhillon

Back 47

Amendment included agricultural land in net wealth tax assessment.

Hint 47

Residuary powers - 248, II.97:Residuary power saves amendment. Not fitting II.49, I.86.

Front 48

Jindal Stainless Steel v Haryana

Back 48

State entry/intra-state mov't tax w/ exemption for sales tax payers.

Hint 48

Automobile Transco (RJ).:Tax conferring qt'able benefit is regulatory/compensatory. Decision pending.

Front 49

Atiabari Tea Co v Assam

Back 49

Carriage of goods by road/waterways taxed. Validity wrt T&C clause.

Hint 49

301, 304(a), (b):State taxes restricting goods mov't require Prez assent/ratification + public interest. Conditions not met here.

Front 50

Automobile TransCo v RJ

Back 50

Tax on vehicle use/poss'n. Validity u/301.

Hint 50

:Q valid wrt any law affecting T&C. No direct impediment to T&C here. Proceeds went to roads/infra.