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became/become noneffective on or after
that date"
are unconstitutional and are struck down with the
specification that the date ... which the liberalised pension
scheme becomes operative. Omitting the unconstitutional part
it is declared that all pensioners governed
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amending power of
Parliament and is hence unconstitutional. It demolishes the
very pillars on which the preamble rests by empowering ... newly introduced clause (4) of Article 368 is
equally unconstitutional and void because clauses (4) and
(5) are inter-linked
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such the orders in question were not
unconstitutional or void.
The Income-Tax Authorities, however, must be held bound ... Circle, Amritsar, against them -on the
score of the unconstitutionality of s. 5 (7A) of the Act.
The petitioner
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ground
that the recovery from them was unconstitutional, but did
not come up in appeal to this Court. There ... years because another person got the statute
declared unconstitutional. They should have known the
exact ground of unconstitutionality since every
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wages due to them
without compensation and is, therefore unconstitutional, as
contravening ... Constitution, would be unconstitutional as regards the
appellant as well.
The purpose of a legislation relating to abandoned
property must
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void or unconstitutional wholly or even in
part.
Per FAZL ALl, MAHAJAN, MUKHERJEA and CHANDRASEKHARA
AIYAR JJ.--A rule ... impugned Act is not void or unconstitutional wholly or
even in part because: (1)The words in the enacting part
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Courts on various
grounds, the Bihar Act was declared unconstitutional and void on the
ground that it contravened article ... Acts do not satisfy these
requirements and are, therefore, unconstitutional.
10. In addition to the aforesaid grounds of attack, which
Supreme Court of India
Adaptation Order-Scope
of--Nature of Retrospective operation-Enactment
unconstitutional in Part-Effect -Madras General Sales ... proceedings for imposing tax, (5) S. 22 having been
unconstitutional when it was enacted and therefore void, no
proceedings could
Supreme Court of India
said impugned Act
was struck down as being unconstitutional. Thereafter, the
Act with which we are concerned in, 'the , present ... also urged
that the said provisions are unconstitutional because they
constitute an unreasonable restriction on the freedom of
trade guaran
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liable to be treated as unconstitutional and void on the ground that the
same was not reserved for consideration ... legislative power of the enacting body, but is rendered
unconstitutional by reason of some adventitious circumstance,
as, for example, when
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