'Industry' Definition Reference : Live Updates From Supreme Court 9-Judge Bench Hearing

CJ: we will not rely on the new definition because there is a caveat put by the other side that there might be a challenge to it. of course the principles referred in the judge is one of the tools for integration

AG: cites two judgments.

AG: reads a judgment.

AG: the court always say the later law by way of whatever amendment or ottherwise can always looked into as an interpretation guide. not necessarily a final say on the subject but it will say, therefore, codes willl always use them.

AG: it is submitted that it will always open for the parliament to depart from the declaration of law in bangalore water and to provide for appropriate legislative framework..

AG: impact of the 1982 act and the 2020 code, what kind of impact these two legislative instruments can have on bangalore water supply. so we have all the plethora which says that if a earlier law which is ambiguities and a lot of issues regarding interpretation, open to multiple reading and interpretations then a law on the same object, or even a cognant subject, which comes later , can throw considerable light on the reading and interpretation of an earlier law

certainity certain other facts besides triple test, due consideration must be given so that there is no board application. weightage must be given to the fact that analogues to trade and business- its very difficult, its a quagmire

2. on government undertaking several activities- simplicter application is open to quest

3. conventional understanding of sovereign in bangalore water supply need not necessary inform the court, modern constitutional state carry out welfare activities not limited to sovereign functions

AG: in terms of the issues mylords have framed, the issue one, my views are

1. triple test and dominant tests are in itself good test to determine whether activity can be categorised as industry. however, caution must be exercised as not everything that answered triple test ought to be industory

CJI: when we are requesting that you adhere to time limit, the two senior advocates who are domain experts have decided to assist as amicus.

Order: Shr i JP Cama and PN Sen Gupta to both graciously had decided to assist as amicus.

to be continued post lunch