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TMI Blog2015 (4) TMI 18X X X X Extracts X X X X X X X X Extracts X X X X ..... provisions to be violative of Article 14 etc but at the same time, it did not invalidate these petitions as the High Court was of the opinion that it was possible to read down the provisions of Section 245HA(1)(iv) in particular to avoid holding the provisions as unconstitutional - Held that:- The conclusion arrived at by the high court that fixing the cutoff date as 31st March, 2008 was arbitrar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d. - CIVIL APPEAL NO.2430 OF 2015, CIVIL APPEAL NO.2428 OF 2015, CIVIL APPEAL NO.2880 OF 2015 - - - Dated:- 25-3-2015 - A.k. Sikri And Rohinton Fali Nariman JJ. For the Appellant : Mr.Mukul Rohatgi, AG For the Respondent : Mr.Porus F.Kaka, Sr.Adv ORDER Delay condoned. In all these appeals filed by the Union of India, the correctness of judgments dated 16.09.2014 and 23.0 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... off date as 31st March, 2008 was arbitrary the provisions of Section 245HA(1)(iv) to that extent will be also arbitrary. We have also held that it is possible to read down the provisions of Section 245HA(1)(iv) in the manner set out earlier. This recourse has been taken in order to avoid holding the provisions as unconstitutional. Having so read, we would have to read Section 245HA(1)(iv) to mean ..... X X X X Extracts X X X X X X X X Extracts X X X X
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