Skip to content


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: 1978 Page 1 of about 300 results (1.018 seconds)
Feb 15 1978 (SC)

Charan Lal Sahu Vs. Neelam Sanjeeva Reddy

Court : Supreme Court of India

Decided on : Feb-15-1978

Reported in : AIR1978SC499; (1978)2SCC500; [1978]3SCR1; 1978(10)LC134(SC)

..... constitution in as much as parliament in exercise of its powers of amendment of the constitution under article 368 could not exercise a judicial power ..... the procedure for filing an ..... of india the effect of ..... power lodged in parliament the basic structure of the constitution resting on the doctrine of a separation of powers seemed to have been shaken rather rudely by article 329a 4 which was therefore .....

Tag this Judgment! Ask ChatGPT

Nov 10 1978 (SC)

State of Madhya Pradesh Vs. Digvijay Singh

Court : Supreme Court of India

Decided on : Nov-10-1978

Reported in : AIR1981SC1740; 1981CriLJ1278; (1979)4SCC92

to serve out the sentence criminal murder section 302 of indian penal code 1860 respondent shot at her wife resulting in was rescued and taken in police custody 12 the gun article c which was recovered from the room of the respon applicable in comparison to section 360 cr p c the scope of section 4 of the probation of offenders act is the probation of offenders act and the code of criminal procedure wanted to obviate the provisions of the probation of offenders during the scuffle the position of the gun shot injuries therefore disproves the theory of accidental firing and shows that the

Tag this Judgment! Ask ChatGPT

Jul 28 1978 (HC)

Yeshwant Ganpat Khot Vs. Anusayabai Anna Khot (Smt.) and ors.

Court : Mumbai

Decided on : Jul-28-1978

Reported in : 1979CriLJ67

courts for the purpose of showing the extent of the jurisdiction of a court under section 145 of the code of in proceedings under section 145 of the code of criminal procedure is the possession of a party within two months next he was the adopted son of the respondent who was therefore compelled to file a suit being special civil suit no

Tag this Judgment! Ask ChatGPT

Sep 22 1978 (SC)

Sant Ram Vs. Rajinder Lal and ors.

Court : Supreme Court of India

Decided on : Sep-22-1978

Reported in : AIR1978SC1601; (1979)81PLR60; (1979)2SCC274; [1979]1SCR900; 1978(10)LC858(SC)

is proper the actual life situations and urban conditions of india especially where poor tradesmen like cobblers candle stick makers cycle of the land lord an eviction order ensued the appellate authority reversed this finding and dismissed the petition for eviction the in the view we have already taken and note the amendment only to indicate that the legislature in its realism has is intended to protect tenants from unreasonable eviction and is therefore worded a little in favour of that class of beneficiaries

Tag this Judgment! Ask ChatGPT

Jan 18 1978 (HC)

Travancore-cochIn Chemicals Limited and ors. Vs. Kerala State Electric ...

Court : Kerala

Decided on : Jan-18-1978

Reported in : AIR1978Ker144

e board air 1976 sc 127 after referring to the indian aluminium company s case air 1975 sc 1967 and the effected from 1 1 1970 the revision was under the powers conferred by section 49 of the electricity supply act 1948 regulations 1976 and the kerala state electricity board general tariff amendment regulation 1969 and other enabling provisions in the statutes ext tariff for the same benefit received by him it is therefore obvious that sub section 4 of section 49 controls the

Tag this Judgment! Ask ChatGPT

Aug 18 1978 (HC)

A.K. Subbiah and anr. Vs. the Chairman, Karnataka Legislative Council, ...

Court : Karnataka

Decided on : Aug-18-1978

Reported in : AIR1979Kant24

the same decision dealing specifically with art 211 of the constitution in paras 63 to 67 the supreme court observed as disciplinary matters affecting a person serving under the govt of india or the govt of a state in a civil capacity to the articles relating to procedure in part vi including articles 208 and 211 just as freedom of speech in parliament any action taken by the house in exercise of its powers or privileges conferred by the latter part of art 194 ground of any alleged irregularity of procedure in may s parliamentary practice 18th edition at page 197 we have the following as it stood prior to its amendment by the 42nd amendment of the constitution read as follows 194 1 subject to it may well be argued that the words regulating the procedure of the legislature occurring in clause 1 of art 194 or proceedings the provisions of clause 2 of art 194 therefore indicate that the freedom of speech referred to in clause

Tag this Judgment! Ask ChatGPT

Sep 07 1978 (HC)

Vir NaraIn Tyagi Vs. State of U.P. and ors.

Court : Allahabad

Decided on : Sep-07-1978

Reported in : AIR1978All490

full bench mainly relied on article 304 b of the constitution and on the circumstance that amendment act 6 of 1972 legislative list of the 7th schedule to the government of india act 1985 indicates that the power to legislate in respect power of issuing a notification declaring a bona fide medicated article for medicinal purposes hereinafter for the sake of brevity referred be liquor was a matter of exercise of delegated legislative power and no question of either providing a forum or giving was rendered void on relevant enactments being passed by the parliament in respect of these matters as contemplated by article 254 effective only under section 3 a of the act as amended by section 4 of the ordinance and not otherwise it former section because in such a case the observance of procedure under section 5a is interposed between the two notifications but prescribed quantity the restrictions placed by the impugned notifications cannot therefore in our opinion be said to be unreasonable the view

Tag this Judgment! Ask ChatGPT

Nov 17 1978 (HC)

Rajendra Kumar Vs. State of Madhya Pradesh and anr.

Court : Madhya Pradesh

Decided on : Nov-17-1978

Reported in : AIR1979MP108; 1979MPLJ28

was passed in pursuance of article 252 1 of the constitution to adoptthe act and to apply it in m p is true that in in re article 143 constitution of india etc air 1951 sc 332 mahajan j as he then other state which adopts the act under clause 1 of article 252 on the date of such adoption 3 the point that any matter with respect to which parliament has no power to make laws for the states except as provided in no power to amend or repeal an act passed by parliament under article 252 1 the legislature of the state where under that article the state legislature has no power to amend or repeal an act passed by parliament under article 252 used in article 252 2 go to show that the procedure contemplated under article 252 1 has to be followed for of the state of madhya pradesh adopting the act and therefore the act has no application in madhya pradesh the resolution

Tag this Judgment! Ask ChatGPT

Jul 12 1978 (HC)

E. Balanandan and anr. Vs. State of Kerala and anr.

Court : Kerala

Decided on : Jul-12-1978

Reported in : 1979CriLJ187

as notified by the president under article 370 of the constitution but the relevant decisions on the question of repugnancy were down so as to leave the members of the all india services outside its purview we may then refer to ukha no application the principle embodied in section 107 2 and article 254 2 is that when there is legislation covering the iii of the viith schedule that the state s legislative power under the entries in the concurrent list is only subject is repugnant to any provision of a law made by parliament which parliament is competent to enact or to any provision provisions of the essential supplies temporary powers act 1946 as amended by central act 52 of 1950 under section 7 1 and so on under the first schedule to the criminal procedure code read with section 2 of the said code the unless it had received the assent of the president and therefore the ordinance could not have been promulgated by the governor

Tag this Judgment! Ask ChatGPT

Nov 06 1978 (HC)

Mohammed DIn and anr. Vs. NaraIn Dass

Court : Delhi

Decided on : Nov-06-1978

Reported in : ILR1979Delhi139

unwittingly restricted it what would be the position of the constitutional validity of the amendment the amendment is based on an statutory tenant was unknown to the rent control legislation in india i am fully aware that the answer to the reference nivas became the law by virtue of the decision under article 141 of the constitution this was deemed to be the this court cannot repeal the law by enlarging the supposed power of judicial review it is bound to give effect to prosad bose v sm sarajubala dassi and another air1961cal505 the parliament by an act no 18 of 1976 amended the definition air1961cal505 the parliament by an act no 18 of 1976 amended the definition of tenant retrospectively in order to provide that evicted only on the conditions and in accordance with the procedure laid down in the act by virtue of this protection by the bench who decided damadilal it cannot be said thereforee that the decision in damadilal was given without considering the

Tag this Judgment! Ask ChatGPT


Save Judgments// Add Notes // Store Search Result sets // Organize Client Files //