Case Law Details
Case Name : Government of India & Ors. Vs. Indian Tobacco Association (Supreme Court of India)
Related Assessment Year :
Courts :
Supreme Court of India
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In Govt. of India & others v. Indian tobacco Association (2005) 7 SCC 396, the Doctrine of fairness was held a relevant factor to construe a statute conferring a benefit, in the context of it to be given a retrospective operation.
The doctrine of fairness also is now considered to be a relevant factor for construing a statute. In a case of this nature where the effect of a beneficent statute was sought to be extended keeping in view the fact that the benefit was already availed of by the agriculturalists o
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GOOD judgement by proper discussion of the case laws referred but duly applied high element of reasoning IN THE MATTER on the principle of fairness.
when we see when creamy layer was struck down by the court, kerala govt passed an Act to case the chief secretary was to be arrested for contempt of court in a case of an IAS officer S being a backward candidate that one need to remember too.
i like the way hon SC very well analyzed the matter, after all the ratios were beautifully analyzed and thus upheld AP HC judgement.So we certainly need the hon SC to settle issues.
Again it is not easy for central govt to re visit as no legislature would permit any withdrawal of beneficial legislation in the said statute too!
Any way time is a better judge on Executive superiority!