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Judgment Search Results Home > Cases Phrase: delegation constitution Page 1 of about 24,378 results (0.035 seconds)

Aug 16 1961 (HC)

Standard Motor Union (Private) Ltd., Ettumanoor and anr. Vs. State of ...

Court : Kerala

Reported in : AIR1962Ker298

..... abdication of legislative function.48. their lordships after considering the scheme of the act, came to the conclusion that 'the delegation is excessive' and observe at page 568 as follows :'the question for decision then is, is the delegation constitutional in that the administrative authority has teen supplied with proper guidance. in our view, the words impugned are vague. parliament ..... subordinate authority who will work out thedetail within the frame-work of that policy. so long as a policy is laid down and a standard established by statute no constitutional delegation of legislative power is involved in leaving to selected instrumentalities the making of subordinate rules within prescribedlimits and the determination of facts to which the legislation is to apply'. ..... determining when a legislative declared rule of conduct shall become effective; hampton and co. v. united states, (1927) 276 us 394, and the latter involves delegation of rule making power which constitutionally may be exercised by the administrative agent. this means that the legislature having laid down the broad principles of its policy in the legislation can then leave the ..... refining co. v. ryan, (1934) 293 u s 388 : 79 law ed 446. at page 459 the learned chief justice observes :' . . . . . the question whether delegation of legislative power by the constitution is permitted, is not answered by the argument, that it should be assumed, that the president has acted, and will act for what he believes to be the .....

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Feb 09 1968 (HC)

Maud Tea and Seed Company Ltd. Vs. Agricultural Income-tax Officer and ...

Court : Guwahati

..... does when it exercises powers under sub-section (1) and makes other rules and therefore it is delegated legislation. the question for decision then is, is the delegation constitutional in that the administrative authority has been supplied with proper guidance. in our view the words impugned are ..... 430; a.i.r. 1957 s.c. 1895 where at page 1901, subba rao c.j. enunciated the principle of excess delegation as follows : 'the constitution confers a power and imposes a duty on thelegislature to make laws. the essential legislative function is the determination of the legislative ..... the income between agricultural and income-tax.16. in this connection, it is necessary to point out that article 366(1) of the constitution defines 'agricultural income' and this definition is as follows: ' 'agricultural income' means agricultural income as defined for the purposes of the enactments ..... limitations, within which delegation of legislative power could be made in favour of the executive.19. before we deal with this aspect of the matter, it would be necessary to notice that the indian income-tax act was passed by the central legislature constituted under the government ..... constitution. 18. the main attack of the petitioners is against the validity of the rule making power conferred by section 59 of the indian income-tax act, 1922, and also the validity of rule 24 made in exercise of the power conferred by that section. on the first point, the contention urged is that there has been an excessive delegation .....

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Jun 23 2011 (FN)

Stern Vs. Marshall

Court : US Supreme Court

..... violates the separation-of-powers principles inherent in article iii. that is to say, we must determine through an examination of certain relevant factors whether that delegation constitutes a significant encroachment by the legislative or executive branches of government upon the realm of authority that article iii reserves for exercise by the judicial branch of ..... , the court focused directly upon the nature of the article iii problem, illustrating how the court should determine whether a delegation of adjudicatory authority to a non-article iii judge violates the constitution. the statute in question required pesticide manufacturers to submit to binding arbitration claims for compensation owed for the use by one manufacturer ..... raised only a due process question: when does due process require decision by an article iii judge? he answered that question by finding constitutional the statute s delegation of adjudicatory authority to an agency. id. , at 87. crowell has been hailed as the greatest of the cases validating administrative adjudication. bator, the ..... the grant of adjudicatory authority to bankruptcy tribunals argues strongly in favor of constitutionality. congress delegation of adjudicatory powers over counterclaims asserted against bankruptcy claimants constitutes an important means of securing a constitutionally authorized end. article i, 8, of the constitution explicitly grants congress the power to establish uniform laws on the subject of bankruptcies throughout the .....

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Jun 01 1921 (FN)

Heirs of Garland Vs. Choctaw Nation

Court : US Supreme Court

..... any member thereof, or their representatives, and on that ground it ordered the case to be dismissed. as we have seen, there was a delegation constituted, and garland was a member of it, and its compensation was agreed to be "twenty percent upon all claims arising or accruing to" the "nation or individuals under the treaty ..... garland v. choctaw nation no. 129 argued january 12, 1921 decided june 1, 1921 256 u.s. 439 appeal from the court of claims syllabus the choctaw nation constituted four persons a delegation to represent it in pressing money claims against the united states, promised them a percentage for their services rendered and to be rendered, and, when an appropriation was secured ..... appointed succeeding to the powers and rights of deceased delegates; that the nation so regarded and so dealt with them, and that therefore le flore and ..... in such relation to the nation and to other members of the delegation or their beneficiaries that the payment made to them, as it was made, is to be held an acquittance of the nation." the conception of the opinion is that the delegation was a unit, constituted such, and intended to act as such, the survivors or even the survivor of those .....

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Oct 06 1964 (HC)

Amichand Valanji and ors. Vs. G.B. Kotak and ors.

Court : Mumbai

Reported in : AIR1966Bom70; (1965)67BOMLR234

..... authority specifies condition and disease authority as it does when it exercises powers under sub - section (1) and make other rules question for decision of the then is is the delegation constitutional i that the administrative authority has been supplied with proper guidance. in our view the words impugned are vague. parliaments has established to criteria, no standards in the has not ..... the question whether or not the making of the any particular regulation was i in fact necessary or expedient for the specified purposes. the principle on which delegated legislation must rest under our constitution is that the legisation must rest under the which is left in plain languages by parliament is to be final and not subject to control by the court ..... , 1962, it is the central government, of india act, 1962, it is the which has been constituted the authority to the decied upon the topics on the which it could legislate in the capacity as a delegate of the parliaments in its capacity as a delegate of the parliaments. i may usefully under refer to a passage in the judgment of the high ..... to the petitioners of offering and gifting the pure gold and ornaments and the and 26 and of the constitution which according to them, have been seriously brought into the jeopardy.:(42) it will be at once clear that the charge of expressive delegation has not been leveled, nor is t suggested that there has been any abuse of powas or mala .....

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Dec 18 1959 (SC)

Hamdard Dawakhana and anr., Vs. the Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1960SC554; 1960CriLJ671; (1960)IIMLJ1(SC); [1960]2SCR671

..... as it does when it exercises powers under sub-s. (1) and makes other rules and therefore it is delegated legislation. the question for decision then is, is the delegation constitutional in that the administrative authority has been supplied with proper guidance. in our view the words impugned are vague. parliament has established no criteria, no standards ..... determining when a legislative declared rule of conduct shall become effective; hampton & co. v. u. s. 276 u.s. 394 and the latter involves delegation of rule making power which constitutionally may be exercised by the administrative agent. this means that the legislature having laid down the broad principles of its policy in the legislation can then leave ..... may appropriately regulate the privilege in the public interest, they may not unduly burden or proscribe its employment in these public thoroughfares. we are equally clear that the constitution imposes no such restraint on government as respects purely commercial advertising .............. if the respondent was attempting to use the streets of new york by distributing commercial advertising, the ..... the details to be supplied by the administrative authority. in other words by delegated legislation the delegate completes the legislation by supplying details within the limits .....

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Jan 20 2012 (HC)

Sri P. Ramanaiah and Others Vs. Greater Hyderabad Municpal Corporation

Court : Andhra Pradesh

..... seeking: (a) a declaration invalidating section 22b of the 1987 act on the ground, this provision is discriminatory, arbitrary and violative of articles 14 & 21 and for excessive delegation constituting abdication of legislative power; (b) to declare the notification no.1/apslsa-lsw/2006, dated 23-11-2006, published in the a.p.gazette of even date, as ultra ..... the parameters of jurisdiction of a pla, that would amount to impermissible and excessive delegation and invalidate section 22b itself; (f) the delegation of power [to notify the pla and demarcate its jurisdiction] without specifying criteria or guidelines in the 1987 act itself constitutes excessive and impermissible delegation of essential legislative powers; (g) alternatively, the failure to establish by notification a ..... pla for the r.r district is arbitrary conduct and denies the petitioners equal opportunity for speedy adjudication of their grievances, violative of articles 14 & 21 of the constitution. 7. the 4th respondent - the a ..... held on 25-04- 2006 between the hon'ble chief minister of the state the hon'ble chief justice of the high court of andhra pradesh it was resolved to constitute twenty three (23) permanent lok adalats, one for each district in a phased manner over a three year period; and initially six (6) permanent lok adalats at .....

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Jan 20 2012 (HC)

Sri P. Ramanaiah and Others Vs. Greater Hyderabad Municpal Corporation ...

Court : Andhra Pradesh

..... seeking: (a) a declaration invalidating section 22b of the 1987 act on the ground, this provision is discriminatory, arbitrary and violative of articles 14 & 21 and for excessive delegation constituting abdication of legislative power; (b) to declare the notification no.1/apslsa-lsw/2006, dated 23-11-2006, published in the a.p.gazette of even date, as ultra ..... the parameters of jurisdiction of a pla, that would amount to impermissible and excessive delegation and invalidate section 22b itself; (f) the delegation of power [to notify the pla and demarcate its jurisdiction] without specifying criteria or guidelines in the 1987 act itself constitutes excessive and impermissible delegation of essential legislative powers; (g) alternatively, the failure to establish by notification a ..... pla for the r.r district is arbitrary conduct and denies the petitioners equal opportunity for speedy adjudication of their grievances, violative of articles 14 & 21 of the constitution. the 4th respondent - the a.p ..... held on 25-04- 2006 between the hon'ble chief minister of the state the hon'ble chief justice of the high court of andhra pradesh it was resolved to constitute twenty three (23) permanent lok adalats, one for each district in a phased manner over a three year period; and initially six (6) permanent lok adalats at .....

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1820

Houston Vs. Moore

Court : US Supreme Court

..... s. 70 be correctly deduced from the act of 1795, and we are therefore driven to decide whether a state can, without such delegation, constitutionally assume and exercise it. it is not, however, admitted that the laws of the united states have not enabled courts martial to be held ..... . it has been expressly held by this court that no part of the criminal jurisdiction of the united states can consistently with the constitution be delegated by congress to state tribunals, and there is not the slightest inclination to retract that opinion. the judicial power of the union clearly ..... vindicate. our duty compels us, however, to compare the legislation, and not the intention, with the standard of the constitution. it has not been denied that congress may constitutionally delegate to its own courts exclusive jurisdiction over cases arising under its own laws. it is, too, a general principle ..... the states, because the subject matter derives its existence from the constitution, and the authority of congress to delegate it cannot be implied, for it is not necessary or proper in any constitutional sense. but even if congress could delegate it, it would still remain to be shown that it had ..... therein described to be exercised by state magistrates and courts -- not, i presume, because such permission was considered to be necessary under the constitution in order to vest a concurrent jurisdiction in those tribunals, but because without it the jurisdiction was exclusively vested in the national courts by .....

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Nov 18 1971 (HC)

K. Gopalan Vs. Union of India and ors.

Court : Delhi

Reported in : ILR1972Delhi438; 1973LabIC287

..... gives unlettered discretion to the central government to apply the act to any establishment it pleases and is, thereforee, ultra virus the legislative power conferred on parliament by the constitution. for, parliament cannot delegate the enunciation of legislative policy to the central government, that being an essential legislative function to be per formed only by the legislature. enactment of section 1(3 ..... )(b) amounts to excessive delegation of legislative policy to the executive and was, thereforee unconstitutional. (4) secondly, the notices issued by the various provident fund commissioners to the petitioners demanded compliance by the petitioners with .....

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