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: 1979 Page 1 of about 302 results (2.233 seconds)Sat Pal and Co. and ors. Vs. Lt. Governor of Delhi and ors.
Court : Supreme Court of India
Decided on : Apr-12-1979
Reported in : AIR1979SC1550; (1979)4SCC232; [1979]3SCR651; 1979(11)LC631(SC)
..... article 368 confers specific power of amendment of the constitution and it was sought to be brushed aside by saying that it merely provided procedure for amendment of the constitution and therefore the power for amendment ..... of legislation and even this limitation on its power vanishes when parliament legislates for part of the territory of india not included in a state the three dimensional .....
Tag this Judgment! Ask ChatGPTUnion of India (Uoi) and ors. Vs. Valluri Basavaiah Chowdhary and ors.
Court : Supreme Court of India
Decided on : May-01-1979
Reported in : AIR1979SC1415; (1979)3SCC324; [1979]3SCR802
..... bill passed by the parliament in exercise of its constituent power of amending the constitution under article 368 1 in jatin chakravorty ..... as houses of legislature are used in article 252 and therefore the term legislature must be understood in ..... india act 1935 the under counsel did not pursue the point any further under article 252 2 an amending or repealing bill must go through the same procedure .....
Tag this Judgment! Ask ChatGPTSohanlal Vs. Smt. Chav and ors.
Court : Rajasthan
Decided on : Oct-24-1979
Reported in : 1979WLN(UC)369
in way of taking benefit of amended section 13a the scope of the proviso to sub section 6 of section 13 the act as it existed before the commencement of the amending ordinance a reference to the provisions of the act as civil suit no 45 of 1975 was dismissed 2 the civil suit aforesaid was filed by the appellant against the respondents first contention urged by the learned counsel for the appellant therefore cannot be accepted 5 the second contention urged by the
Tag this Judgment! Ask ChatGPTPilani Investment Corporation Limited and anr. Vs. Union of India (Uoi ...
Court : Madhya Pradesh
Decided on : Sep-17-1979
Reported in : AIR1981MP140; 1981MPLJ62
being violative of articles 14 19 and 31 of the constitution it has next to be examined whether the impugned orders executed a guarantee in favour of the state bank of india up to limit of rs 15 lacs in respect of not disturb the view taken in that case relating to article 31a following the reasoning in latafat ali khan s case against six held that the constituent power conferred by article 368 did not enable parliament to alter the basic structure or by the said constitution amendment act is beyond the constituent power for it damages the basic structure or framework of the section 18fb 2 by the aforesaid ordinance and the act parliament thought that the period of five years was not adequate is true that at the time when the constitution 39th amendment act 1975 was enacted articles 19 1 f and 31 rejected the plaint under order 7 rule 11 of the civil p c on the ground that the sail was barred 5 deal with similar other consequential matters in our opinion therefore section 18fb being ancillary to sections 18a 18aa and 18fa
Tag this Judgment! Ask ChatGPTGoodwill India Limited Vs. Commissioner of Sales Tax, Delhi
Court : Delhi
Decided on : Apr-20-1979
Reported in : ILR1979Delhi278
of the state list in the seventh schedule of the constitution corresponding to entry 48 of the provincial list in the stc 65 and installment supply private ltd v union of india 12 stc 489 this construction of these two decisions and 489 but also to the provisions of the constitution namely article 245 4 and clauses 1 and 2 of article 286 seventh schedule parlliament was not fettered in exercising its legislature power by the meaning of sale in the sale of goods purchase takes place outside the state and also authorised the parliament to formulate principles for determining when a sale takes place had been added in the meantime by constitution forty second amendment act has been repeated by the constitution forty fifth amendment the applicants above these applications are thereforee dismissed 30 in civil writs 433 434 and 435 of 1976 the orders of way of a reference it is urged by the respondent thereforee that the writ petitions should be dismissed on the ground
Tag this Judgment! Ask ChatGPTGoodwill India Ltd. Vs. the State
Court : Delhi
Decided on : Apr-29-1979
Reported in : [1980]45STC368(Delhi)
writ petitions could be entertained under article 226 of the constitution has to be decided with reference to the law as c 65 and installment supply private ltd v union of india 1961 12 s t c 489 this construction of these an independent power to legislate on the said subject under article 246 4 2 in state of madras v gannon dunkerley legislatures under article 246 3 of the constitution while the power of the state legislature in respect of taxes on sale purchase takes place outside the state and also authorised the parliament to formulate principles for determining when a sale takes place place outside the state to implement the provisions of the amended article 286 parliament enacted the central sales tax act 1956 the applicants above these applications are thereforee dismissed 32 in civil writs nos 433 434 and 435 of 1976 the orders way of a reference it is urged by the respondent thereforee that the writ petitions should be dismissed on the ground
Tag this Judgment! Ask ChatGPTM. Karunanidhi Vs. Union of India and anr.
Court : Supreme Court of India
Decided on : Feb-20-1979
Reported in : AIR1979SC898; 1979CriLJ773; (1979)3SCC431; [1979]3SCR254
pleasure therefore it is open to a governor under the constitution to dismiss an individual minister at his pleasure in these and separate from the one under section 405 of the indian penal code and therefore there can be no question of had the power to choose the ministers in fact in article 164 the word appointment is much higher than the concept arise when both state and commonwealth seek to exercise their powers over the same subject matter victoria v commonwealth 58 cri observed thus when the parliament of the commonwealth and the parliament of a state each legislate upon the same subject and defined in section 21 indian penal code as adapted the amendment of the said section brought about therefore no substantial change different from those of the central act but even the procedure is different it was further argued by the solicitor general government and he was acting as a constitutional functionary and therefore could not be described as a public servant as contemplated
Tag this Judgment! Ask ChatGPTSatyabadi Pradhan Vs. Tahasildar and ors.
Court : Orissa
Decided on : Feb-06-1979
Reported in : AIR1979Ori150; 48(1979)CLT261
a complaint of contravention of any other provision of the constitution or a provision of any enactment or ordinance now coming v md makubur rahman 1993 2 glr 430 and new india assurance co ltd v smt rita devi 1997 2 glt relevant article 226 before amendment 226 1 notwithstanding anything in article 32 every high court shall have power throughout the territories wholly or in part arises for the exercise of such power notwithstanding that the seat of such government or authority or is any illegality if that were the intention of the parliament we see no need or justification for having sub clause devoid of merit article 226 1 of the constitution as amended by the 42nd amendment has made substantial change with regard question of delay it is urgently expedient to adopt a procedure which will secure at the stage of admission the final in air 1977 guj 113 fb a bad cotton mfg therefore the adequate efficacious remedy is always implict if the remedy
Tag this Judgment! Ask ChatGPTindo-national Limited and Vs. Union of India (Uoi) and
Court : Andhra Pradesh
Decided on : Apr-24-1979
Reported in : 1979(4)ELT334(AP)
entry 84 in list i of seventh schedule to the constitution of india remaining the same and the charging section 3 is urged by the learned counsel for the union of india that the value assessable to duty is the price charged themselves could be sold wholesale to traders even though the articles are sold to them on the basis of agreements which for the assessees that the fountain or the source of power to levy duties of excise on excisable goods contained in substance the act is within the legislative competence of the parliament reliance is placed upon the decisions in chatturbhai m patel a of the act as it stood prior to the amendment was considered in various cases decided by several high courts on payment of excise duty in accordance with self removal procedure to its godowns situate in different parts of india from the petitioner s products the dealers of the petitioner were therefore classified as related persons for the purpose of section 4
Tag this Judgment! Ask ChatGPTUjjaIn Mill Mazdoor Sangh Vs. State of M.P.
Court : Madhya Pradesh
Decided on : Mar-30-1979
Reported in : (1980)IILLJ287MP; 1979MPLJ764
parliament within the meaning of article 254 1 of the constitution it is only when this question is answered in the by item 29 of list iii of the government of india act 1935 which corresponds to item 22 of list iii or a law made by parliament within the meaning of article 254 1 of the constitution it is only when this under section 3 of the kerala essential articles control temporary powers act 1965 under the kerala act electricity was declared to act prevail over the existing law or law made by parliament on the question of repugnancy the learned counsel for the notices were issued on a misconstruction of section 16 as amended by the ordinance and the amending act in our opinion be refunded to the petitioner in each case indian penal code 1890 section 306 dalveer bhandari harjit singh bedi jj abetment all the employees in the industry in the local area therefore under proviso b to section 97 1 in cases in
Tag this Judgment! Ask ChatGPT