Constitution Of India Article 368 Power Of Parliament To Amend The Constitution And Procedure Therefor - Judgment Search Results
Home > Cases Phrase: constitution of india article 368 power of parliament to amend the constitution and procedure therefor Year: 1951 Page 1 of about 302 results (1.731 seconds)Sri Sankari Prasad Singh Deo Vs. Union of India (Uoi) and State of Bih ...
Court : Supreme Court of India
Decided on : Oct-05-1951
Reported in : (1951)IIMLJ683(SC); [1952]1SCR89
..... the power of amending the constitution provided for under article 368 was conferred not on parliament but on the two houses parliament as a designated body and therefore the provisional parliament was not competent to exercise that power under article 379 .....
Tag this Judgment! Ask ChatGPTRanjha Vs. State
Court : Himachal Pradesh
Decided on : Jul-20-1951
Reported in : AIR1952HP5
..... article 241 2 was tantamount to amendment 4 there appear to me to be three obvious objections to the tenability of the above argument firstly there is nothing to show that fie procedure provided by article 368 ..... purposes of the constitution the parliament declared the court ..... is not therefore enough to read over ..... having had the power to confirm the sentence ..... under article 134 1 e constitution of india that .....
Tag this Judgment! Ask ChatGPTThirumalaiswamy Mudali Vs. Periasami Mudali and anr.
Court : Chennai
Decided on : Jul-11-1951
Reported in : AIR1952Mad66; (1951)2MLJ532
mad l w 515 where odgers j observed that the power to remand inhered permanently in an appellate court though it not preclude the defendant respondent herein from applying for such amendment of the written statement as he thinks necessary which will cannot exercise inherent jurisdiction in any case for which another procedure is laid down specifically in the code 23 still the
Tag this Judgment! Ask ChatGPTIn Re: the Delhi Laws Act, 1912, the Ajmer-merwara (Extension of Laws) ...
Court : Supreme Court of India
Decided on : May-23-1951
Reported in : [1951]2SCR747
..... india act 1935 as amended by the indian independence act of 1947 the last is in respect of the power of the indian parliament under the present constitution of 1950 it is therefore ..... procedure expressly said down therein article 123 confers legislative power on the president when parliament is not in session and this power is co extensive with the legislative power of the parliament itself article .....
Tag this Judgment! Ask ChatGPTDayabhai Poonambhai Patel Vs. the Regional Transport Authority and anr ...
Court : Madhya Pradesh
Decided on : Jul-13-1951
Reported in : 1951CriLJ1305
..... constitution all these powers vested in the high court by the constitution are special powers neither the parliament nor the state legislatures can deprive the high courts of these powers as any amendment of any article ..... right it follows therefore that the provisions of criminal procedure code pertaining to ..... 106 govt of india act 1915 preserved all such jurisdiction powers authority as are vested .....
Tag this Judgment! Ask ChatGPTThe Mewar Textile Mills Ltd. Vs. the Industrial Tribunal and ors.
Court : Rajasthan
Decided on : Aug-10-1951
Reported in : AIR1951Raj161
conferred on the high courts under article 226 of the constitution such rights can only be abridged by an amendment of can be issued under article sic of the constitution of india with this vital difference in england the parliament is supreme an application by the mewar textile mills ltd bhilwara under article 226 constitution of india by this application the applicant challenges by an amendment of the constitution as provided in article 368 section 9 therefore of the industrial disputes act even though of this application it is well settled that the extraordinary powers conferred on this court under article 226 of the constitution in india however the constitution is supreme and neither the parliament nor the state legislature can take away the right conferred the constitution such rights can only be abridged by an amendment of the constitution as provided in article 368 section 9 the subject or context ix references therein to other civil criminal and revenue courts to public offices and to judges magistrates established under the rajasthan high court ordinance 1949 it follows therefore that section 7 3 a industrial disputes act when it
Tag this Judgment! Ask ChatGPTRaja Suryapalsingh and ors. Vs. the U.P. Govt.
Court : Allahabad
Decided on : May-10-1951
Reported in : AIR1951All674
force to a legislature created by the const ind that constitution has placed a limitation on the matters in respect of to learned counsel could not be taken away by the indian legislature and therefore up to 15 8 1947 no acquisition power to legislate with respect to acquisition is given under articles 245 246 but any legislation which is inconsistent with the parliament of the commonwealth is not competent to abdicate its powers of legislation this is not because parliament is bound to of india act 1935 was an imperial act drafted by parliamentary draftsmen there can in our opinion be no doubt that do not appear to be well founded that the fourteenth amendment applies to privileges conferred as well as to liabilities imposed section 6 c ii e there are also differences in procedure with regard to the determination assessment of the two payments will the contention of the appcts on this point must therefore fail we think this contention to be clearly untenable are
Tag this Judgment! Ask ChatGPTSheoshankar Vs. State Govt. of Madhya Pradesh and ors.
Court : Mumbai
Decided on : Apr-18-1951
Reported in : 1951CriLJ1140
the people to certain legislative other bodies in a solemn constitution he power is to be used eo instanti unless otherwise be invoked here because no limits are fixed by the indian constitution article 225 which is said to limit jurisdiction is constitution 72 the last argument can be disposed of easily articles 301 303 on which reliance is placed are subject to self imposed limitations thus acceptance of the exercise of the power by the courts is in part attributable to the caution but counsel for the defts after pointing out that the parliament of the state of victoria has not yet legislated in under the twin due process1 equality clauses of the 14th amendment to find out whether the law curtailing rights to liberty s judgment quoted in frankfurter shulman cases on federal jurisdiction procedure 1937 p 93 56 the awkward dilemma of subjects having of equity where the interest of the crown is threatened therefore a practice has arisen of filing a bill against the
Tag this Judgment! Ask ChatGPTMadangopal Kabra Vs. the Union of India (Uoi)
Court : Rajasthan
Decided on : Jan-09-1951
Reported in : AIR1951Raj94a; [1951]20ITR214(Raj)
26 1 1950 chapter 1 of part xi of the constitution which relates to legislative power of the union does not a proclamation on 23 11 1949 accepting the constitution of india as constitution for rajasthan further declared that as from the in halabury s laws of england hailsham edn vol 9 articles 1396 1397 with certain exceptions mentioned in articles 1401 to liable to income tax 2 whether the parliament had no power to make law relating to the imposition of income tax powers beyond the powers given to them by act of parliament in channel coaling go v boss 1907 l k b careful consideration is section 2 14a income tax act as amended by the finance act of 1950 which defines taxable territories in cl iii not in the sense of the whole procedure laid down in the act for imposing liability upon the 1 that rajasthan became taxable territory on 1 4 1950 therefore income accruing or arising before that date was not assessable
Tag this Judgment! Ask ChatGPTAgarwal, Ayengar and Co. Ltd. and ors. Vs. the State
Court : Mumbai
Decided on : Mar-16-1951
Reported in : AIR1951Bom397; (1951)53BOMLR689; ILR1952Bom105
the ambits of the powers conferred upon them by the constitution sovereign legislative bodies and they did not exercise their powers the central legislature was authorized to make laws by the india central government and legislature act 1946 the ordinance was replaced 2 of the act and should not extend to other articles which it might be considered desirable or necessary to control to the mills than by giving the central government the powers under an order to control the supply of lickerin wire is to be given to the language used by the parliament at page 816 it was observed that the sovereignty of and trade and commerce therein it was thought necessary to amend the definition of essential commodity and add thereto cotton and necessary though sanction would appear to be a matter of procedure 8 the appeal must be allowed and the conviction and this contention must therefore be rejected 6 in the result therefore to the extent that the order of 1946 provided that
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