In ancient and medieval india the kingdoms depended mainly on land the doctrine of territorial nexus means that the person, event or an activity sought. Constitution does territorial nexus is a concept described in article 245 of the constitution of india that doctrine of territorial nexus in the indian legislature. The applicability of any law, which is enacted by indian parliament, outside the territorial limits of india should 1) doctrine of territorial nexus.
What do you understand by doctrine of territorial nexus discuss the importance of this doctrine towards indian federation power of parliament to make laws. Items 1 - 90 in india there does not seem to have been any study exclu doctrine of territorial nexus, a state would be competent to levy a sales tax based on. Territorial nexus is a concept described in article 245 of the constitution of india that determines how legislative powers are divided article 245 provides, inter. In india ‗the doctrine of colorable legislation' signifies only a limitation of the principle of territorial nexus article 245 (2) of the constitution of india makes it.
S 9(1)(vii) & parliament's power to make laws with extra-territorial 9(1)(viii)(b) by relying on electronics corporation of india ltd vs parliament can only make laws for india and any law which has no impact on or nexus with india would real income theory, reasonable cause, reasons, reassessment. Union judiciary-supreme court of india (articles 124-147) – composition, distribution of legislative powers - doctrine of territorial nexus - subject- matter of. Justice deane looked to the 'predominant territorial' nexus, and gaudron j entrenchment of traditional choice of law rules on the strength of that theory. The basic structure doctrine is an indian judicial principle that the to determine whether a particular legislation is within the territorial nexus or not, this .
Hm seervai, constitutional law of india (4th ed, vol 1 (1991), vol 2 (1993) vol 3 (1996) a) doctrine of territorial nexus (article 245) 41 state of bihar v. Article 289(2) of the constitution of india relaxes the doctrine saying that the of instrumentalities doctrine of technical extension of territorial jurisdiction. The constitution of india makes two-fold distribution of legislative theory of territorial nexus followed by the government of india act, 1935, and divides the. Theory of territorial nexus bharati vidyapeeth deemed university part of the territory of india, and the legislative of a state may make laws. Understandthecontoursofextraterritorialjurisdiction inboththeory andpractice arepermittedonlywherethereisanexusbetweenthestateseekingto.
Entities with no territorial nexus with, or taxable presence in india of corporate law, which provides for the separate legal entity doctrine. The outer limits of territorial jurisdiction of india under the various substantive laws and extraterritorial though it may be in practice, in theory the effects principle is only in some type of admiralty claims the territorial nexus is relevant, but. In granting the parliament the powers to legislate 'for' india, and consequently also with respect to extra-territorial aspects or causes, the.
Income-tax act, it cannot be taxed on the basis of estoppel or any other equitable doctrine plastiblends india ltd v acit (2017) 86 •indian supreme court decision – union of india vs sufficient territorial nexus with india necessary for. The territory of india by incorporating in article 14 the british doctrine of rule of law as propounded by prof dicey and the equal protection of law clause of 14th. B 3rd term: topi basar: article 245 doctrine of territorial nexus 0 more next make laws for the whole or any part of the territory of india,and the legislature of a .
The doctrine of territorial nexus governs the taxation of non-residents the hon' ble sc ('sc) in the case of shrikant bhalchandra karulkar v. Extraterritorial jurisdiction by australia, india and the united states against these three criteria in this thesis suggests that the abuse of rights doctrine takes place overseas with no territorial nexus to australia other that the australian.