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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: 1958 Page 1 of about 300 results (0.87 seconds)
Oct 14 1958 (HC)

Shridhar Misra and ors. Vs. Jaichandra Vidyalankar and ors.

Court : Allahabad

Decided on : Oct-14-1958

Reported in : AIR1959All598

..... parliament is competent to amend the constitution the constitution cannot he amended by a bare majority of members of parliament present in the house a special majority has been prescribed by article 368 the constitution of india ..... in the sammelan shall have power to amend the rules a procedure has been laid down ..... charges levelled against him it therefore appears that some charges were actually levelled against .....

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Nov 03 1958 (HC)

Assudomal M. Raisinghani Vs. Mansingh Chuhermal

Court : Mumbai

Decided on : Nov-03-1958

Reported in : (1959)61BOMLR497

the small cause court the applicant made an application for amendment of the plaint with a view to show that the suit must be dismissed 3 order xxxiii rule 8 civil procedure code provides that where an application to sue as a was ordered that document became the plaint in the case therefore the learned judge was not right in saying that there

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Apr 15 1958 (HC)

Raghunath Misra Vs. Kishore Chandra Deo Bhanj and ors.

Court : Orissa

Decided on : Apr-15-1958

Reported in : AIR1958Ori260

..... article 102 1 a of the constitution for being chosen as a member of parliament ..... same powers jurisdiction and authority and follow the same procedure with ..... in the first proviso therefore an appeal filed within the ..... tribunal has undoubtedly the power to permit amendment of the schedule of ..... the meaning of article 191 of the constitution of india as a patel ..... 3 got 386 or 368 from odagaon 1583 from .....

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Mar 28 1958 (SC)

Gulab Chand Vs. Kudilal and anr.

Court : Supreme Court of India

Decided on : Mar-28-1958

Reported in : AIR1958SC554; [1959]1SCR313

..... india to merge his state in the united state article 3 of the covenant provided for the constitution ..... of an act of parliament retrospective smith v callander ..... the code of civil procedure 1908 and for that ..... retrospective operation 18 we therefore think that the ..... matrimonial divorce and insolvency jurisdiction pending in the ..... of which had been amended and after reminding ..... to appeal civil no 368 of 1957 then .....

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Feb 26 1958 (HC)

Sri Surendra Mohanty Vs. Sri Nabakrishna Choudhury and ors.

Court : Orissa

Decided on : Feb-26-1958

Reported in : AIR1958Ori168; 1958CriLJ1055

of the express words subject to the provisions of the constitution etc in clause 1 of article 194 and the deliberate v smt rita devi 1997 2 glt 406 approved new india assurance co ltd v birendra mohan de 1995 2 gau court held that the power of the high court under article 226 of the constitution cannot be used for granting merely reversing the decision of the high court held that the power of the high court under article 226 of the constitution respective spheres of jurisdiction of the law courts and the parliament in england it seems a fair inference that the immunity next sitting of the assembly he himself had made suitable amends by taking steps to get the offending passage expunged unfortunately the constitution and the rules and standing orders regulating the procedure of the legislature as stated in article 194 1 of matter of bahama islands 1893 ac 138 z13 46 i therefore find that the speech read as a whole amounts to

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Mar 26 1958 (HC)

Assistant Collector, Thana Prant, Thana Vs. Jamnadas Gokuldas Patel an ...

Court : Mumbai

Decided on : Mar-26-1958

Reported in : (1958)60BOMLR1125

not covered by clause 5 of art 31 of the constitution in terms cl 5 of art 31 provides that nothing the circumstance that under s 299 of the government of india act there was a restriction imposed upon the sovereign right that it contravenes the provisions of clause 2 of this article or has contravened the provisions of sub s 2 of neither the dominion legislature nor a provincial legislature shall have power to make any law authorising the compulsory acquisition for public that the government of india act 1935 was drafted by parliamentary draftsman and that there could be no doubt that the act contravened art 31 2 of the constitution the constitutional amendment had validated the act in so far as it contravened to the advocate general under order 27 of the civil procedure code to appear and to assist us in the determination or industrial undertakings their right to compensation it is clear therefore that though in form this was a fetter upon the

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Mar 28 1958 (SC)

Ram Krishna Dalmia Vs. Shri Justice S.R. Tendolkar and ors.

Court : Supreme Court of India

Decided on : Mar-28-1958

Reported in : AIR1958SC538; (1959)61BOMLR192; [1959]1SCR279

clearest e that in order to sustain the presumption of constitutionality the court may take into consideration matters of common knowledge as it did in chiranjitlal chowdhri v the union of india 1950 1scr869 the state of bombay v f n balsara its discretion properly on the basis of a reasonable classification article 14 protects all persons from discrimination by the legislative as inquiry or report amounts to a usurpation of the judicial powers of the union or the state as the case may to the exercise of the discretion left to it by parliament the central government may have thought that the evil was any substance in this too the third notification quoted above amended the original notification by fixing a time there was nothing by a substantive law but also by a law of procedure 14 the principle enunciated above has been consistently adopted and including any notification or order it has to be conceded therefore that it is open to the petitioners also to question

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Sep 08 1958 (HC)

Kamalakshi Amma Saraswati Amma Vs. K. Bhaskara Menon

Court : Kerala

Decided on : Sep-08-1958

Reported in : AIR1961Ker154

applicable only to the amendment or repeal of a post constitution state law and not of an existing law but it laws on concurrent matters like the laws corresponding to the indian penal code and the criminal procedure code would be bad parliament but only by die state legislatures in accordance with article 254 2 and central acts like the part b states to clause 2 of the article only emphasises the overriding power of parliament by laying down that even where the procedure 2 of the article only emphasises the overriding power of parliament by laying down that even where the procedure prescribed by virtue of article 246 2 the power to repeal or amend existing laws on matters in the concurrent list resides both laws corresponding to the indian penal code and the criminal procedure code would be bad i have little hesitation in rejecting are divorced section 6 a of the central act is therefore applicable whether or not the father is divorced from the

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Jan 23 1958 (HC)

G. Narayanaswami Naidu Vs. C. Krishnamurthi and anr.

Court : Chennai

Decided on : Jan-23-1958

Reported in : AIR1958Mad343; (1958)1MLJ367

his master but from the time that the king became constitutionally bound to act on the advice of his ministers the within the meaning of article 311 of the constitution of india 37 the high court of patna had to consider the that the service under the district board did not attract article 311 39 state of punjab v prem parkash was a power to the central government and so long as the power to delegate does not exceed well known limits the rule by parliament and one imposed under a law made by parliament would appear to admit of no doubt nor is that even the protection of the public authorities protection act as amended by the last named enactment even during the nineteenth century line with this we have the provisions of the civil procedure code order 29 this again cannot apply to any person transport commission is not the agent of the crown and therefore it may be assumed that none of the nationalised industries

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Feb 20 1958 (HC)

Prabhucharan Vs. Shiv Dutt

Court : Madhya Pradesh

Decided on : Feb-20-1958

Reported in : AIR1958MP299

in our own country we have to go by the constitution the representation of the people act and the rules the withcosts counsel s fee nil as no fees are certified indian penal code 1890 section 306 dalveer bhandari harjit singh bedi described before this as a code it consists of six articles the first article 324 says that the superintendence direction and that the election commission did not possess any rule making power and any rules made by it to control the choice constituencies would not have materially affected the result in the parliamentary constituency where the symbol claimed had been allotted to the a list of symbols and may in the like manner amend such list under sub rule 2 of rule 5 in whole of the election was materially affected and the entire procedure followed by the election commission and the returning officer was under section 100 1 d iv of the act he therefore contends that the election was void and that the rules

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