Doctrine of repugnancy. Short Speech on the ‘Doctrine of Repugnancy’ 2019-01-17

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REPUGNANCY DOCTRINE: AN ATTEMPT TO DESTROT OR PRESERVE CUSTOMARY LAW

doctrine of repugnancy

In the said case, the principles to be applied for determining repugnancy between a law made by the Parliament and a law made by the State Legislature were considered by a Constitution Bench of this Court. Doctrine of Repugnancy deals with the conflict of laws between the State and the Centre. The elucidation of the concept of this popular doctrine is no doubt very pragmatic and lucid. The problem of our customary law is that it is undated with multiplicity of customs complicated by superstitions. Where however a law passed by the State comes into collision with a law passed by Parliament on an Entry in the Concurrent List, the State Act shall prevail to the extent of the repugnancy and the provisions of the Central Act would become void provided the State Act has been passed in accordance with clause 2 of Article 254. It is the duty of the court to interpret the legislations made by Parliament and the State Legislature in such a manner as to avoid any conflict. The next question is what would the society be without the law.

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Repugnancy Doctrine and Customary Law in Nigeria: A Positive Aspect of British Colonialism.

doctrine of repugnancy

State of Maharashtra and Ors. However, the spirit of federalism will be disturbed if the parliament is given the power to remove laws created by the state under the concurrent list so easily according to the provisions provided by Article 254 2. The Whistleblower Protection Act supposedly protects government employees from management retaliation, but the Supreme Court has ruled this protection only applies to government workers when the disclosure is not directly related to the job. If the conflict becomes unavoidable, then Article 245 indicates the manner of resolution of such a conflict. Thus in order to put more light and certainty the Doctrine of Repugnancy came in to picture as a principle, which is employed so as to ascertain when and where a State law turns repugnant to the Parliamentary legislation. In the case of M. Thus for practical purpose Muslim laws and various ethnic or tribal laws are treated alike.

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REPUGNANCY DOCTRINE: AN ATTEMPT TO DESTROT OR PRESERVE CUSTOMARY LAW

doctrine of repugnancy

This recognition must be in accordance to then social imperative because, operating in every commonly is a dynamic of social conduction, an accepted norm of behaviour which the vast majority of its members regard absolutely necessary for the common will. The nature and process of treaty-making and implementation in India is plagued with contradictions in law and in principle. Although Augustine may be one of the… 1513 Words 7 Pages The doctrine of the Trinity can be defined as the introduction to the Christian faith. The soldiers in Iraq, for instance, listened to a song by the band Drowning. Second, where the two legislations are with respect to matters in the Concurrent List and there is a conflict. In the light of the above there are however, three pre-requisites to be fulfilled before the court can observe and enforce any customary law and these are: The customary law must not be repugnant to natural justice equity and good conceive That such customary law must not be incompatible either directly or by implication with any law for the time being in force or Contrary to public policy.

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Repugnancy legal definition of repugnancy

doctrine of repugnancy

If the debtor does not pay the creditor all that he owns, the debtor has an obligation to pay the full amount. This ensures a clear demarcation of powers between the Centre and the State, and helps to create a conflict-free national system as far as jurisdiction on issues are concerned. However, in this article I will mainly be focusing on the conflict of laws with regard to India. That the inconsistency between the provisions of the two Acts is of such nature as to bring the two Acts into direct collision with each other and a situation is reached where it is impossible to obey the one without disobeying the other. . Their reaction by concern church fathers against the action of the heretic let to the development of Christian doctrine and the formulation of a New Testament Canon.

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Repugnancy legal definition of repugnancy

doctrine of repugnancy

The result of obtaining the assent of the President would be that so far as the State Act is concerned, it will prevail in the State and overrule the provisions of the Central Act in their applicability to the State only. It therein distributes the subject-matters over which the two are competent to make laws; List I being. That there can be no repeal by implication unless the inconsistency appears on the face of the two statutes. Improvising, they usually incorporated lyrics and even dance. State of Bombay,the court held that the punishment of seven years of imprisonment awarded by the state legislation for an offence to be inconsistent as the central legislation has awarded three years of imprisonment for the same offence. Thus has developed the the Doctrine of Repugnancy which is employed to test as to when and where a State law turns repugnant to the Parliamentary legislation. Doctrine of Repugnancy From time immemorial, legislative bodies have been enacting laws all over the world.

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High Court and Supreme Court Judgments: Doctrine of Repungnancy

doctrine of repugnancy

This determinant of the ethics of the community is it social imperative. It was held that two laws belong to same field and the State Law, to extent of repugnancy, is void. Parliament has power to make laws with respect to any matter for any part of the territory of India not included in a State notwithstanding that such matter is a matter enumerated in the State List. Of note is its applicability and relevance on our socio-cultural environment. But sometimes it so happens that there is an inconsistency of laws between the laws made by the Center and the State Legislatures and at that time the Doctrine of Repugnancy is applied and by the application of this doctrine under Article 254 of the Indian Constitution the State Law will become void to the extent of repugnancy to the Union law and in the end the Union Law will prevail over the State Law. Factors which suggest that information is confidential are if it required skill and effort to acquire, whether the employer had guarded the information cautiously, or the employee is made aware that such information is confidential. The pre-occupation of the research is protruding of this research is protruding insight into the meaning of the doctrine and its applicability in Nigeria.

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REPUGNANCY DOCTRINE: AN ATTEMPT TO DESTROT OR PRESERVE CUSTOMARY LAW

doctrine of repugnancy

The trend of discussions in this work is to acquire into the origin of doctrinal, the purpose and limit of law, nature and classification of customary laws and the basic statutory provisions such as Section 14 3 of the Evidence Act and Section 20 of the High Court Law of Akwa Ibom State 1 which contains the repugnancy and public policy test. According to the National Labor Relations Board, criticism by the employee over social network site is a protected activity that employers should not violate by punishing workers for such statements. In Nigeria, it should be appreciated that the use of a single term customary law does not indicate that there is a single uniform set of custom prevailing in the country. The problem with our customary law is that it is inundated with multiplicity of customs complicated by superstitions. Keywords: customary law, repugnancy doctrine, British colonialism. Thus, in the end the conclusion that was arrived at was that after applying the Doctrine of Repugnancy for the inconsistence of laws between the Union Law and the State Law the Union Law will prevail over the State Law after applying the Doctrine of Repugnancy and the State Law to the extent of repugnancy will be considered as void.

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Short Speech on the ‘Doctrine of Repugnancy’

doctrine of repugnancy

In fact, the basic principle of Federalism is that the legislature, executive and financial authority is divided between the Center and the State not by any laws passed by the Center but by the Constitution itself. Article shared by The relevant provisions for the purpose of solving questions of repugnancy between a Central and a State law is Article 254 of the Constitution. See: repugnancy the making of a bequest by a testator that also tries to prevent the beneficiaries' rights of ownership. The legislature is further divided into the Centre and the State. The Supreme Court held that repugnancy may result from the following circumstances: 1 Where the provisions of a Central Act and a State Act in the Concurrent List are fully inconsistent and are absolutely irreconcilable, the Central Act will prevail and the State Act will become void in view of the repugnancy. A presidential doctrine highlights the goals and positions for United States foreign affairs outlined by the sitting president.

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Doctrine of Repugnancy

doctrine of repugnancy

However, this general rule is subject to Clause 2 of Article 254 of the Indian Constitution. Where a law passed by the State Legislature while being substantially within the scope of the entries in the State List entrenches upon any of the Entries in the Central List, the constitutionality of the law may be upheld by invoking the doctrine of pith and substance if on an analysis of the provisions of the Act it appears that by and large the law falls within the four corners of the State List and entrenchment, if any, is purely incidental or inconsequential. This research is inconsistent with the Indian experience, where an independent judiciary blocked wealth transfers and rents. The Legislative Scheme in our Constitution is both complex and lengthy. Article 254 of the Indian Constitution provides for us with two rules regarding the laws made by the centre and state.


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REPUGNANCY DOCTRINE: AN ATTEMPT TO DESTROT OR PRESERVE CUSTOMARY LAW L...

doctrine of repugnancy

That which in a contract, is inconsistent with something already contracted for; as, for example, where a man by deed grants twenty acres of land, excepting one, this latter clause is repugnant, and is to be rejected. B 3 yrs 6th Semester Submitted to- Mr. It is generally not allowed. A perusal of all these definitions will reveal that emphasis has always been or acceptance, usage, flexibility as well as sanction. As stated earlier that India has a Federal Constitution and there is distribution of powers between the State and the Center in the similar manner the Constitution of India has also conferred upon the Center and the State the power to make laws.


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