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Pondicherry Govt. extending amended
Madras Act to Pondicherry-If excessive delegation.
HEADNOTE:
The legislative assembly for the Union Territory ... operation of
the Amending Act, the effect of any excessive delegation
was, removed. [669 D-E; 670 D-E]
Deep
Supreme Court of India
does not suffer from the vice of
excessive delegation; while the respondent contended that
(i) the levy ... down, the
legislation will suffer from the vice of excessive
delegation and would be void as arbitrary and
unconstitutional
Supreme Court of India
optional taxes subject to Central Government's approval-if
excessive delegation and therefore ultra vires.
Delhi Municipal Corporation (Validation ... held that section 150 suffered from the
vice of excessive delegation of legislative power and was
therefore ultra vires
Supreme Court of India
Whether it suffers
from the vice of excessive delegation.
HEADNOTE:
Sec. 8(2)(b) of the Central Sales ... Sales Tax Act, 1956 suffer from the vice of
excessive delegation because the parliament, in not fixing
the rate itself
Supreme Court of India
detention was made suffered from the vice of
excessive delegation, was an independent plea not relatable
to the fundamental rights ... impugned Act
suffered from excessive delegation must fail. The
legislative policy was broad stated in the preamble and the
relevant
Supreme Court of India
piece of colourable
legislation vitiated in part by excessive delegation of
legislative power to the State. On behalf ... Constitution and that there was no excessive delegation
of legislative power.
Held, that it was well settled that the heads
Supreme Court of India
Constitution of India-Articles 14, 265-Vice of
excessive delegation-Absence of guidelines-What can be
delegated-Imposing flat rate ... suffers from the vice of
excessive delegation or legislative abdication.
2. There are no guidelines for the exercise
Supreme Court of India
commissioners Act constituted excessive delegation of power
to the State Government and amounted to abdication of its
functions ... delegated legislation it suffers
from the vice of excessive delegation inasmuch as it gives a
power to the executive
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Section itself is an instance of excessive
delegation of essential legislative power and hence it was
void. That royalty ... piece of excessive delegation of
legislative power of Parliament, that it laid down no
guidelines for the Central Government
Supreme Court of India
Section 135(3) whether ultra
vires-Whether suffers from excessive delegation or
discrimination-Whether bad as conferring judicial functions ... been
imposed and therefore suffered from excessive delegation of
legislative function. (ii) The tax had not been validly
imposed
Supreme Court of India
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