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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: 1980 Page 1 of about 301 results (1.096 seconds)
May 09 1980 (SC)

Minerva Mills Ltd. and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Decided on : May-09-1980

Reported in : AIR1980SC1789; (1980)3SCC625; [1981]1SCR206; 1980(12)LC727(SC)

..... and 368 of constitution of india vires of articles 368 4 and 368 5 introduced by section 55 of constitution of india 43rd amendment act under challenge article 368 5 conferred upon parliament unlimited power to amend constitution article 368 4 deprived courts of its power of judicial review over constitutional amendments article 368 .....

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Feb 01 1980 (SC)

Naresh Kumar Vs. State of Maharashtra

Court : Supreme Court of India

Decided on : Feb-01-1980

Reported in : AIR1980SC1168; 1980CriLJ920; (1980)2SCC358; 1980(12)LC617(SC)

302 34 set aside conviction under section 376 34 confirmed indian penal code 1860 c a no 45 1860 section 379 section 2 of the supreme court enlargement of criminal appellate jurisdiction act 1970 and is directed against the judgment of the the probation of offenders act and the code of criminal procedure wanted to obviate the provisions of the probation of offenders kumar was a person fully known to the witnesses and therefore the question of there being any mistake in identification would

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Oct 21 1980 (HC)

Krishnabai Vs. Dnyandeo Laxman Yeyale and ors.

Court : Mumbai

Decided on : Oct-21-1980

Reported in : AIR1982Bom107

all that was done by the latter document was to exchange one land for the other i am afraid it will convey an absolute estate to a hindu female no express power of alienation need be given it is enough if words the matter to the civil court in any event the civil court could be said to be having no jurisdiction to agree with the contents of the same at all he therefore contended that gunabai s executing a gift deed in favour

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Jul 28 1980 (HC)

Chandra Bhan and anr. Vs. State

Court : Allahabad

Decided on : Jul-28-1980

Reported in : 1981CriLJ196

he also found two wads and one pellet all these articles were handed over to him by vijai kumar another son might have informed the station master no adverse inference can therefore be drawn against these witnesses that they had not given

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Sep 10 1980 (HC)

Shambusing Dhansing Jadhavrao Vs. the State of Maharashtra and ors.

Court : Mumbai

Decided on : Sep-10-1980

Reported in : AIR1981Bom331

accept the conclusion reached by an authority with co ordinate jurisdiction viz the surplus lands determination tribunal under the unamended land for agriculture but on the date of the commencement of amended act or at the relevant date is not so being cultivation and could not be used for agricultural purpose and therefore was not land for the purposes of total holding of

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Sep 30 1980 (HC)

Dhan Raj and ors. Vs. Kishni Devi and ors.

Court : Rajasthan

Decided on : Sep-30-1980

Reported in : 1980WLN(UC)542

section 3 of section 125 of the code of criminal procedure new beyond the period of one year it is to cases unless its applicabilty is excluded expressly by local law therefore there can be no dispute that section 5 of the

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Dec 17 1980 (HC)

Vora Saiyedbhai Kadarbhai (a Partnership Firm) Vs. Saiyed Intajam Huss ...

Court : Gujarat

Decided on : Dec-17-1980

Reported in : (1981)22GLR596

for certificate of fitness under article 133 1 of the constitution in order to enable the state of gujarat to appeal agricultural indebtedness it cannot be gainsaid that rural society in india is predominantly engaged in agriculture and is dominated by agriculture directed against section 14 under article 19 1 f and article 19 1 g in fact the challenge is directed not by 44th amendment forty fourth amendment is ultra vires article 368 5 section 14 in any case violates article 300a 6 conferred upon him under the gujarat state legislature delegation of powers act 1976 was beyond the legislative competence of the state it is the will of the people matters if the parliament therefore requires that president before making a law for a it is saved by forty fourth constitutional amendment forty fourth amendment is ultra vires article 368 this contention in view of the meaning assigned to it in the bombay land revenue code 1879 as in force in the state of gujarat section the learned advocate general has advanced before us it is therefore not a conclusion recorded really against the state of gujarat

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Mar 31 1980 (HC)

H.M.M. Limited Vs. Union of India (Uoi) and ors.

Court : Delhi

Decided on : Mar-31-1980

Reported in : 1980CENCUS340D

adopted in item 84 of the union list in the constitution vide the observations of gwyer c j in re c courts of law first in australia and then followed in india the language of section 4 must be confined to the purpose of levying the said duties tariff values of any articles enumerated either specifically or under general headings in the first are afraid we cannot sustain the levy under the residuary powers pressed into service by the learned central government pleader we is no prohibition in list ii pertaining to state subjects parliament s competency to levy tax remains unfettered in a recent experienced in the working of the section that the suitable amendments in section 4 were introduced 4 the principle is well directly sold the products to the wholesalers but otherwise the procedure was the same the sales to the three agents were any stand on the constitutionality of the amendment we shall thereforee proceed for the time being on the basis that the

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May 19 1980 (HC)

State of Sikkim Vs. Palden Bhutia

Court : Sikkim

Decided on : May-19-1980

Reported in : 1981CriLJ695

on any of the powers conferred under any statute or constitution the other judges who formed this bench have however not thought processes contrived to extend the legislative tentacles of the indian legislatures to reach beyond the commencement of the constitution so which can be provided to those two questions is that article 371f k does not stand in the way of the no reason for parliament to place any fetter upon the power of the indian legislature gwyer c j while dealing with 371 f n of the constitution as well as by parliamentary legislation such extensions have always been made by referring to of sikkim until as it is obvious the same is amended or repealed by a competent legislature or other competent authority on police reports and that even in such cases the procedure as it obtained before the amendment of 1955 has been repealed by a competent legislature or other competent authority and therefore if the cr p c 1898 as applied in sikkim

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Jun 18 1980 (HC)

Manubhai A. Sheth and Others Vs. N.D. Nirgudkar, 2nd Income-tax Office ...

Court : Mumbai

Decided on : Jun-18-1980

Reported in : (1981)22CTR(Bom)41; [1981]128ITR87(Bom); [1980]4TAXMAN381(Bom)

a particular law the court further observed that if the constitution of a state distributes the legislative powers amongst different bodies in sub cl a of s 2 1 of the indian i t act 1922 it was used separately and is result therefore is that the challenge on the basis of article 14 cannot be sustained since equals are not being treated to impose a tax is not an incidental and subsidiary power under our constitution 78 before parting with these petitions we exigible to taxation by parliament in amending sub cl iii parliament was not amending directly or indirectly the definition of agricultural namely sub cl iv was inserted by the taxation laws amend act 1962 and was again amended in 1965 the definition act 104 of 1976 under the unamended s 141 the procedure provided in the code in regard to suits was to was established between the military authorities and the assessee and therefore the amount paid by the military authorities was rent within

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