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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: 2017 Page 1 of about 302 results (1.368 seconds)
Jul 18 2017 (SC)

Sonu @ Amar Vs. State of Haryana

Court : Supreme Court of India

Decided on : Jul-18-2017

..... the power of the parliament to amend the constitution is derived from articles 245 246 and 248 of the constitution and not from article 368 thereof which 30 only deals with procedure amendment is ..... a legislative process 2 amendment is law within the meaning of article 13 of the constitution and therefore .....

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Aug 03 2017 (HC)

Sarvodaya Education Trust, Rep. by its Secretary, Virajpet and Others ...

Court : Karnataka

Decided on : Aug-03-2017

..... power of the parliament and state legislatures to make laws is conferred by articles 245 246 and 248 of constitution of india ..... to compulsorily pay interest in such cases therefore the amendment act deserves to be struck down ..... obligation otherwise than as regards matter of procedure unless that effect cannot be avoided without ..... and others reported in 1973 32 stc 368 cal in support of his submission that .....

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Jan 11 2017 (HC)

B. Rajarajeshwari Vs. The Presiding Officer Debts Recovery Tribunal II ...

Court : Chennai

Decided on : Jan-11-2017

16 it is true that this court in interpreting the constitution enjoys a freedom which is not available in interpreting a to render it to some extent otiose xix in philips india ltd v labour court reported in 1985 3 scc 103 prayer petition filed under article 226 of the constitution of india praying for the issuance 3 scc 279 gujarat urja vikas nigam ltd v essar power ltd reported in 2008 4 scc 755 ansal properties and to discover the intention of parliament but the intention of parliament must be deduced from the language used for it is court held as follows the dictionary meaning of the word amend is to correct a fault or reform it is well 152 cpc has been enacted in the code of civil procedure 1903 and if a similar provision is incorporated in section civil procedure empowers the court to correct any mistake provided therefor either on its own motion or on the application of

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Jan 20 2017 (HC)

The Zonal Secretary, Secunderabad and Another Vs. K. Mallikarjuna Rao ...

Court : Andhra Pradesh

Decided on : Jan-20-2017

of a state where the article 329 b of the constitution comes into play to a bar calling in question such maharashtra and others 2001 8 scc 509 skyline education institute india private limited vs s l vaswani and another air 2010 by illegal exercise of discretion since prone to jurisdiction under article 227 of the constitution the learned single judge also referred the act gives limited jurisdiction to the court with no powers of the civil court to grant injunction and the remedy 216 which all involved elections either to the house of parliament or to the house of legislature of a state where for preparing the existing voters list in the light of amended list 18 would have been of no consequence thus the and they are nominating their own candidates without following election procedure and they in turn or automatically electing zec and thereby

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Feb 07 2017 (HC)

IAE International Aero Engines AG, Represented herein by its Attorney, ...

Court : Karnataka

Decided on : Feb-07-2017

guaranteed to kfal ubhl and dr vijay mallya under the constitution of india have been violated for instance as set out and the kfal the respondent ubhl and king fisher finvest india limited kffil entered into a pledge agreement dated 21 12 articles of agreement furthermore india expressly accepted the obligations of article viii of the imf articles of agreement on current account act but the nature of jurisdiction and the nature of power exercised under the two sections are widely different under the defendant the third defendant who was also a member of parliament cannot be heard to say without any basis or material the defendants under order 7 rule 11 of the civil procedure code 1908 seeking dismissal of the suit at the threshold moreover the petitioners had resorted to the civil remedy and therefore the petition could not be entertained 169 in divya export

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Jan 11 2017 (HC)

K. Bhaskar and Others Vs. R. Thiyagarajan and Others

Court : Chennai Madurai

Decided on : Jan-11-2017

after the recruitment rules framed under article 309 of the constitution of india came into existence only the subsequent recruitment will would be violative of article 14 of the constitution of india this principle needs to be applied in service matters more o 1d no 15 after the recruitment rules framed under article 309 of the constitution of india came into existence only in the field occupied by laws and rules the executive power of the state cannot be exercised in the field which in the qualifications of senior lecturer recruitment by way of amendment vide g o ms no 261 school education department dated can be made in deviation of or departure from the procedures laid down in the said statutory rules 39 it is made for relaxation of qualification in the said recruitment rules therefore as observed by the learned single judge in the impugned

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Apr 07 2017 (HC)

G.K. Adarsh Vs. State of Karnataka, by its Principal Secretary and Oth ...

Court : Karnataka

Decided on : Apr-07-2017

the petitioner having highlighted the inadequacies in the matter of constitution of spca and establishment and functioning of dpcas has rendered 8 case referred prakash singh and others vs union of india and others 2006 8 scc 1 prayer this petition is filed under articles 226 and 227 of the constitution of india praying to the 3rd respondent as member of the state police complaints authority appointed by the respondent nos 1 and 2 in terms in pursuance of section 20 c of the karnataka police amendment act 2012 government of karnataka appointed the 3rd respondent as appointment in future as member of spca dpca from the civil society petition disposed of para 6 8 case referred prakash

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Mar 01 2017 (HC)

M/s. JKM Graphics Solutions Private Limited, Rep. by S. Ravi, Director ...

Court : Chennai

Decided on : Mar-01-2017

division bench of the bombay high court was considering the constitutional validity of section 48 5 of the mvat act 2002 of this court under article 226 of the constitution of india the cases have to be tested on the facts which prayer writ petition filed under article 226 of the constitution of india to issue a writ affording an opportunity of being heard sub section 5 gives power for imposition of penalty section 22 6 deals with reassessment all these cases pertained to orders passed prior to the amendment i e before 29 01 2016 it was argued on are necessary to decide as to the correctness of the procedure adopted by the respective assessing officers while reversing the itc in the above circular or there has been partial compliance therefore when procedure which is required to be followed has been

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Mar 13 2017 (HC)

M/s. Obulapuram Mining Company Pvt. Ltd., Represented by its Director ...

Court : Karnataka

Decided on : Mar-13-2017

petition is filed under articles 226 and 227 of the constitution of india praying to quash the ecir at annexure c order as to costs prevention of money laundering act 2002 indian penal code 1860 section 120b section 420 section 411 prevention against the petitioner and etc this petition is filed under articles 226 and 227 of the constitution of india praying to case information report and the order of attachment are without jurisdiction and are liable to be quashed as we have already attention to the provisions of the prevention of money laundering amendment act 2009 by which the offences under sections 120b 420 to costs prevention of money laundering act 2002 indian penal code 1860 section 120b section 420 section 411 prevention of corruption offence the accused could be investigated upon accordingly 19 we therefore allow all these writ petitions and quash the action initiated

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Jan 05 2017 (HC)

D. Lourdu Medona, St.Theresa's Girls Higher Secondary School, Karur Vs ...

Court : Chennai Madurai

Decided on : Jan-05-2017

prayer writ petition filed under article 226 of the constitution of india praying for the issuance of a writ of writ petition filed under article 226 of the constitution of india praying for the issuance of a writ of certiorarified mandamus prayer writ petition filed under article 226 of the constitution of india praying for the issuance permission of the state government or the director or any authority to fill up the sanctioned posts for approving of the that would arise in sanctioned post unless state government suitably amends provisions of the act and the rules making it mandatory approving of the same for the purpose of grant and therefore the impugned order refusing to approve of the non teaching

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