Constitution Of India Article 368 Power Of Parliament To Amend The Constitution And Procedure Therefor - Judgment Search Results

The Bengal Immunity Company Limited Vs. the State of Bihar and ors.

Court : Supreme Court of India

Reported in : AIR1955SC661; [1955]2SCR603; [1955]6STC446(SC)

..... be proposed by the congress 147 under article 368 of our constitution the normal procedure provided for amendment except in respect of specified matters ..... commerce it is therefore conceded that in exercise of its legislative powers under that entry read with article 286 2 parliament may make ..... export of the goods out of the territory of india article 286 2 lays down such restrictions where such sale .....

Thakursingh and ors. Vs. Bhaironlal and ors.

Court : Rajasthan

Reported in : AIR1956Raj113

the proceedings in the suit are ended 31 in all india reporter ltd v g d moghe 1950 nag 110 air h mentioned above and it was held therein that discretionary powers of revision vested in the high court by section 115 under order 3 rule 4 sub clause 2 of the code showing that his authority is determined 33 in manickam pillai p c for a second appeal in all those cases therefore on which reliance has been placed by the learned counsel

Karur Jai Hind Pictures Represented by Its Partner Periasami Goundar V ...

Court : Chennai

Reported in : AIR1955Mad625

causes has ceased to exist or ceases to exercise such powers in such a case without any order of transfer the filed as a small cause suit 2 as regards the procedure to be adopted in these cases there is a difference limit to try assmall cause suites suit exceeding that limit therefore the high court has no power to transfer a small

Laxmichand and ors. Vs. Mst. Tipuri and ors.

Court : Rajasthan

Reported in : AIR1956Raj81

compelling circumstances to my mind there is nothing in the constitution which may support such a conclusion article 261 gives full judgments of courts in what are now the territories of india i am prepared to accept that this article puts the as a part b state of the first schedule under article 1 of the constitution of india under article 372 of section 37 civil p c and such a court has power to transmit the decree for execution to any other court bound eventually to submit there is thus no law which parliament cannot make or unmake whether relating to the constitution itself force on 1 4 1951 section 4 of this act amended section 2 5 of act v of 1903 which related that by virtue of section 43 rajasthan code of civil procedure adaptation ordinance amendment act no xiv of 1950 any decree cause of action as any ground for valid jurisdiction and therefore where a foreign court assumes jurisdiction over a defendant in

Ram Manohar Lohia and ors. Vs. V.S. Sundaram

Court : Guwahati

the maharajah means his highness the maharajah of manipur tile constitutional head of the state 10 council of ministers a subject act the legal practitioners act the suits valuation act the indian succession act and others were not extended to manipur it council almost of only academic interest now under both the articles 226 and 32 powers have been conferred to issue writs s assent was waived thus the maharajah was given three powers under this constitution viz 1 prerogatives on personal matters 2 defines the scope of the legislative powers i of the parliament and the state legislatures is itself subject to the provisions is regulated by the manipur state courts act 1947 as amended by the parliament in 1950 but this act does not p c section 1 sub section 2 of the criminal procedure code clearly lays down that it extends to the whole a paramount function of the government the main question which therefore arises for determination in this connection would be whether bull

State Vs. Kishan

Court : Madhya Pradesh

Reported in : 1955CriLJ1504

bha rat at the time of the commencement of the constitution trespasses upon the legislative field secured for exclusive operation for before the commencement of this constitution in the territory of india with respect to any of the matters referred to in article 16 clause 3 of article 32 article 33 and article 34 may be provided for by law made by parliament article 35 of the constitution and hence ultra vires the powers of the body article 17 of the constitution provides as force at the commencement of the constitution is saved until parliament enters the field of legislation so as to affect it it deals with the question of punishment so as to amend or modify the law in force in madhya bha rat the sub divisional magistrate first class mhow under section 432 criminal p c and involves a question whether the harijan ayogyata question is brought to my notice 12 the reference is therefore accepted and it is declared that the amendment act no

Sehat Ali Khan and anr. Vs. Abdul Qavi Khan and ors.

Court : Allahabad

Reported in : AIR1956All273

of india acts of 1919 and 1935 or by the constitution have the force of law and are enforcible as such and therefore enacts implledly that the general provisions of the indian limitation act were not to apply to the periods of possible remedies were thought of and provided for in the articles and this provision further provides that if any special or mentioned that the powers of the high courts include the power to make rules of court the law incorporating the rules the powers conferred by section 16 of an act of parliament designated as an act for establishing high courts of judicature sub section 1 of section 3 of the indian limitation amendment act 1922 act 10 of 1922 it appears to me the high court on matters of detail relating to the procedure in the high court which the british parliament or the prescribes a period of limitation different from the period prescribed therefor by the first schedule the bombay high court has in

H.E.H. the Nizam, Rajpramukh of Hyderabad Vs. B.G. Keskar and ors.

Court : Andhra Pradesh

Reported in : 1955CriLJ1590

not permitted against him by the express words of the constitution and therefore no such proceedings can be held to be the congress has not been able to turn all the indian youths into enuchs and sufficient number of men will though that the trial judge would not be affected by the article was held to have no bearing on the matter the there are three classes of contempts 1930 2 ch d 368 b observed at page 376 i think that to publish slaves over whom h e h the nizam wielded all powers of life and death the document is entitled as information 10 1954 rejected the reference on the ground that the amended section 432 criminal p c empowered the magistrate to refer proceeding in article 361 2 included investigation under the criminal procedure code and the other whether the immunity extended to the of justice and lawful purpose of the court these are therefore one class of contempt of court which the resopndents are

In Re: Abdul Kadir

Court : Chennai

Reported in : AIR1956Mad333; 1956CriLJ751

corresponding to article 320 clause 3 proviso of the present constitution clause 5 of that article requires that all regulations made of clause 72 of sch 9 of the government of india act of 1935 and clause 3 of section 1 of 3 proviso of the present constitution clause 5 of that article requires that all regulations made under the proviso to clause may be that on the expiry of the emergency the powers of the governor general under that section were at an house of legislature of a state in order that the parliament or the house of legislature may repeal or amend the subject to such modifications whether by way of repeal or amendment it will be seen that article 313 of the constitution act 1935 should be validated by being subjected to the procedure relating to ordinances as laid down under article 123 of ordinances prescribed under article 123 of the present constitution i therefore hold that the ordinance in question is still in force

State Vs. Hyder Ali

Court : Andhra Pradesh

Reported in : 1955CriLJ798

his powers under ol 2 of article 372 of the constitution promulgated the adaptation of laws order on 26 1 1950 pakistan because section 7 empowered the executive to remove an indian citizen from his own country this decision can have no of its constitution on a careful consideration of the respective articles one is struck by the marked difference in language used to take immediate action now therefore in exercise of the powers conferred by clause 1 of article 123 of the constitution of 1950 the ordinance in extenso reads as follows whereas parliament is not in session and the president is satisfied that ordinance may be called the in flux from pakistan control amendment ordinance 1950 2 it shall come into force at once an unlawful act lawful and the making an innocent action criminal and punishing it as a crime the act as i turn that the act of overstaying was a continuing offence therefore when ordinance 12 of 1950 came into operation the act