9911796707
TMI Blog2015 (4) TMI 19X X X X Extracts X X X X X X X X Extracts X X X X ..... 09 (8) TMI 86 - BOMBAY HIGH COURT] the aforesaid 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ment required - Appeal of Union of India dismissed. - Special Leave to Appeal (C) No(s).27873/2010, C.A. No. 2429/2015 & Others - - - 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 special leave petitions filed by the Union of India, ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ived at a conclusion that fixing the cutoff 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 ha ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
