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Striking down by courts

Striking down by courts legal meaning, translation and judicial precedents.

Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)

2013 SCMR 34 SUPREME-COURT Judicial Precedent
LegislationTax legislationConstitutional validityStriking down by courtsPrinciples

Where a court was dealing with the constitutional validity of a taxation law enacted by Parliament or Provincial Legislature, it must have regard to the principles that there was always presumption in favour of constitutionality of a law made by Parliament or a Provincial Legislature; that no enactment could be struck down by just saying that it was arbitrary or unreasonable or irrational but some constitutional infirmity had to be found; that the court was not concerned with the wisdom or unwisdom, the justice or injustice of the law as the Parliament and Provincial Legislatures were supposed to be alive to the needs of the people whom they represented and they were the best judge of the community by whose suffrage they came into existence; that hardship was not relevant in pronouncing on the constitutional validity of a fiscal statute or economic law, and that in the field of taxation, the Legislature enjoyed greater latitude for classification.

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Precedents & Case Laws citing "Striking down by courts"

SCMR 2013
Civil Appeals Nos. 684 with 1270 of 2004, decided on 11th May, 2012.

2013 S C M R 34

STATE OF M.P. — Appellant Versus RAKESH KOHLI and another — Respondents

Court: Supreme Court of India
PLC 1970
Civil Appeal No. 958 of 1966, by Special Leave, decided on 5th August 1968.

1970 P L C 530

G. E. C. (PRIVATE) LTD., NAINI Versus LABOUR COURT, ALLAHABAD AND OTHERS

Court: Supreme Court of India
PLC 1971
Industrial Relations Case No. 243 of 1970, decided on 5th September 1970.

1971 P L C 294

MAY & BAKER EMPLOYEES' UNION Versus MAY & BAKER LTD. DACCA

Court: East Pakistan Labour Court
PLC(CS) 1982
Application No. KAR‑13 of 1982, decided on 21st February, 1982.

1982 P L C 859

Syed SHAKIR HUSSAIN ZAIDI Versus ALI ANWAR GHANGRO AND ANOTHER

Court: Labour Appellate Tribunal Sind
PLC 1970
Appeal No. R I: 233 of 1969, decided on 5th January 1970.

1970 P L C 286

THE HOSIERY WORKMEN UNION Versus M. & Q. HOSIERY, RAWALPINDI AND ANOTHER

Court: Industrial Appellate Tribunal West Pakistan
PLC 1976
Appeal No. LHR‑60 of 1975. decided on 24th January 1976.

1976 P L C 137

STAFF UNION Versus MESSRS INTERNATION GENERAL INSURANCE COMPANY OF PAKISTAN LTD., LAHORE

Court: Labour Appellate Tribunal Punjab
PLD 1975
Constitutional Petition No. 50 of 1974, decided on 12th December 1974.

P L D 1975 Karachi 811

EMPLOYEES' UNION-Petitioner Versus MONNOO MOTORS AND ANOTHER-Respondents

Court:
PLC 1970
Application No. 17 of 1970, decided on 28th May 1970.

1970 P L C 655

NATIONAL SPINNING MILLS LTD., KARACHI Versus EMPLOYEES' UNION

Court: Industrial Court West Pakistan
PLC 1972
Application No. 51 of 1971, decided on 17th September 1971.

1972 P L C 382

AHMAD ABDUL GHANI TEXTILE MILLS, KARACHI Versus EMPLOYEES' UNION

Court: Sind Labour Court
PLC 1977
Application No. 5 of 1976, decided on 4th September 1976.

1977 P L C 665

PROGRESSIVE RUBBER PRODUCTS LTD, KARACHI Versus MAZDOOR UNION

Court: Labour Appellate Tribunal Sind