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

Ashoka Kumar Thakur Vs. Union of India (Uoi) and ors. (Obc Judgment)

Court : Supreme Court of India

Reported in : 2008(56)BLJR1292; 2008(3)CTC97; [2008(3)JCR176(SC)]; JT2008(5)SC1; (2008)3MLJ1105(SC); 2008(5)SCALE1; (2008)6SCC1; 2008AIRSCW2899; 2008(3)Supreme331; 2008(2)LH(SC)1534

..... ninety third amendment of the constitution does not affect the executive power of the state under article 162 of the constitution and hence procedure prescribed under proviso to article 368 2 not required to be followed powers of the parliament and the .....

Kamal Kant Prasad Sinha, Vs. Union of India (Uoi) and ors.

Court : Jharkhand

Reported in : [2008(2)JCR603(Jhr)]

..... power of the parliament to amend the constitution in accordance with law is by article 368 of the constitution let us now reproduce article 368 which is as under 368 power of parliament to amend the constitution and procedure therefor 1 notwithstanding anything in this constitution parliament ..... follows we the people of india having solemnly resolved to constitute india into a sovereign socialist .....

Hispreacheringson Shylla Vs. Khasi Hills Autonomous District Council a ...

Court : Guwahati

consequence of enacting the impugned act is practically amending a constitutional provision like paragraph 2 6 a of the sixth schedule this is clearly indicative of the intention of parliament to reserve to itself the legislative power touching upon the term of to an amendment of this constitution for the purposes of article 368 14 paragraph 21 extracted above plainly indicates that it an amendment of this constitution for the purposes of article 368 14 paragraph 21 extracted above plainly indicates that it is petitioner contends that there is a distinction between plenary legislative power and ordinary legislative power and plenary power of legislation is in the following terms 21 amendment of the schedule 1 parliament may from time to time by law amend by way of the schedule which is in the following terms 21 amendment of the schedule 1 parliament may from time to time the formation of subordinate local councils or boards and their procedure and the conduct of their business and generally on all and is liable to be quashed forthwith the learned counsel therefore submits that the entire provisions of the act and the

Mahmadhusen Abdulrahim Kalota Shaikh Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : 2008(13)SCALE398; (2009)2SCC47

..... article 368 to bar judicial review of constitutional amendments the court held that section 55 of the 42nd amendment was beyond the amending power and was void since it removes all limitations on the power of parliament to amend the constitution and confers powers upon it to amend the constitution ..... of the criminal procedure code we therefore see no reason to interfere ..... union of india and ors 1994 2scr644 per .....

Mercy Rose and ors. Vs. State of Kerala and anr.

Court : Kerala

Reported in : AIR2009Ker59; 2008(3)KLJ511

amended qualifications prescribed by special rules state government has the power to frame or amend the special rules with or without special rules state government has the power to frame or amend the special rules with or without retrospective effect mohanan k 73 73a 74 and 74a of the act contain special procedure and special provisions in respect of the suits appeals revisions

Sri. Onkarappa Chandappa Biradar Vs. Sri Dhareppa

Court : Karnataka

Reported in : ILR2008KAR2891; 2009(2)KarLJ748; 2008(4)AIRKarR532; AIR2008NOC2497

if the time is extended it would be exercising the powers of the court in a suit which has been confirmed when the period is prescribed or allowed by the civil procedure code therefore the provisions of section 148 cpc do not period is prescribed or allowed by the civil procedure code therefore the provisions of section 148 cpc do not apply to

S.P.S. Rana Vs. National Seeds Corporation

Court : Delhi

Reported in : 2007(99)DRJ227

64 2008 also stand dismissed service lawdisciplinary proceedings article 226 constitution of india writ seeking a direction to declare the continuation also stand dismissed service lawdisciplinary proceedings article 226 constitution of india writ seeking a direction to declare the continuation of the nos 1763 64 2008 also stand dismissed service lawdisciplinary proceedings article 226 constitution of india writ seeking a direction to declare result of the departmental proceedings pending against him the departmental authority thereforee has relied on the provisions of the rules while learned single judge failed to consider the aforesaid aspect and thereforee the impugned order is liable to be set aside and

Mukul Mahto and ors. Vs. State of Jharkhand and anr.

Court : Supreme Court of India

Reported in : 2008(13)SCALE386

punishable under section 326 read with section 34 of the indian penal code 1860 in short the ipc and were sentenced order 38 rules 5 cpc is a drastic and extraordinary power such power should not be exercised mechanically or merely for support to the prosecution case appeals dismissed code of civil procedure 1908 order 38 rule 5 r v raveendran p sathasivam view of the trial court was a possible view and therefore the high court should not have interfered 5 learned counsel

Smt. Mobina Begum Vs. Nawab Ali and ors.

Court : Delhi

Reported in : 2008(100)DRJ672

girl child of 3 1 2 years was brought to india by her mother the minor girl was a citizen of there is a difference in the approach while exercising the power to entertain a revision against an order of acquittal as in exceptional cases where there is glaring defect in the procedure or manifest error on a point of law and consequently

M.P. Ayyappankutty Vs. the State of Kerala and ors.

Court : Supreme Court of India

Reported in : JT2008(3)SC73; 2008(3)SCALE242; (2008)4SCC239; 2008AIRSCW4221

can be granted to the appellant directions issued para 2 constitution of india articles 32 226 s b sinha h s granted to the appellant directions issued para 2 constitution of india articles 32 226 s b sinha h s bedi jj to the appellant directions issued para 2 constitution of india articles 32 226 s b sinha h s bedi jj public case of a bite from a rabid animal is maintained civil public interest litigation dispute as to one batch of the