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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: 2021 Page 1 of about 303 results (2.224 seconds)
Jul 20 2021 (SC)

Union Of India Vs. Rajendra N Shah

Court : Supreme Court of India

Decided on : Jul-20-2021

..... amendment of the constitution contained in article 368 of the constitution of india article 368 reads as follows part xx amendment of the constitution368 power of parliament to amend the constitution and procedure therefor 1 notwithstanding anything in this constitution parliament may in exercise of its constituent power amend .....

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Jul 08 2021 (SC)

Ajit Mohan Vs. Legislative Assembly, National Capital Territory Of Del ...

Court : Supreme Court of India

Decided on : Jul-08-2021

..... amendment to the constitution for purposes of article 368 of the constitution notwithstanding that it may contain any provision which amends or has the effect of amending the constitution ..... of india and in exercise of this power to regulate communications parliament has ..... procedure and conduct of business of the house 5 it is therefore requested that a competent senior representative s of facebook india .....

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May 05 2021 (SC)

Jaishri Laxmanrao Patil Vs. The Chief Minister And Ors.

Court : Supreme Court of India

Decided on : May-05-2021

..... it was obligatory to follow the procedure as prescribed in proviso to article 368 2 of the constitution of india which having not done the constitutional amendment is not valid 74 learned counsel ..... on the other hand the amendment also introduced limitations upon the state power which was subjected to controls by parliament therefore in the context of the amendment the expression sale underwent .....

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Oct 06 2021 (SC)

Bharath Booshan Aggarwal Vs. The State Of Kerala

Court : Supreme Court of India

Decided on : Oct-06-2021

or counterfeit currency notes or banknotes is not enough to constitute offence under section 489 b indian penal code so also context that there are several types of essential oils in india the important ones being sandalwood oil agar wood oil deodar different is brought into existence by human labour such an article and product would cease to be a forest produce the reason for belief is required before an offence under section 368 could be brought home it must be established that accused husbandry or otherwise as specified in the schedule the legislative power to add or include and define a word even artificially that the cardinal rule for the construction of acts of parliament is that they should be construed according to the intention to appeal to the high court under the criminal 20 procedure code 1973 16 however the facts reveal otherwise one the firm had no infrastructure to manufacture sandalwood oil from sandalwood therefore it is apparent that the department did not lead any

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Mar 08 2021 (SC)

Gujarat Urja Vikas Nigam Limited Vs. Amit Gupta

Court : Supreme Court of India

Decided on : Mar-08-2021

and democratic form of government 3 secular character of the constitution 4 separation of powers between the legislature the executive and which the lessons of other jurisdictions should be applied to india it is important to advert to the discussion on the operation date and at least 26 for 3 years thereafter article 5 2 of the ppa as we have noted previously companies special provisions act 1985 as also the jurisdiction and powers relating to winding up presently vested in the high courts 14 the explanation to section 14 1 was added by parliament to make the position clear on whether the moratorium under 2 9 australia 122 recently in australia the treasury laws amendment 2017 enterprise incentives no 2 act 2017112 amended the corporations effect when the company becomes subject to the relevant insolvency procedure if and to the extent that under the provision a or important may frustrate the ends of justice the courts therefore are required to consider the gravity of irregularity and whether

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Feb 01 2021 (SC)

Phoenix Arc Private Limited Vs. Spade Financial Services Limited

Court : Supreme Court of India

Decided on : Feb-01-2021

meeting f undertake any related party transaction g amend any constitutional documents of the corporate debtor h delegate its authority to pioneer urban 11 land and infrastructure ltd vs union of india in the following terms 70 the definition of financial debt mortgage deed was executed was fairly good considering the various articles like diamonds and the car which he had purchased apart and 2 civil appeal no 267 2018 and civil appeal 368 2018 8 part c ii a direction prohibiting the irp as 55 part i and when required and provides specific power to call a meeting on the happening of any event 59 the term related party has also been defined by parliament in the companies act 2013 for all corporations the definition related party was not a guiding factor behind the parliamentary amendment 56 part i i 4 related parties interpretation in praesenti 21 of the ibc the objects and purposes of the code are best served when the cirp is driven by external by preventing individual creditor action the creditor s bargain theory therefore operates to maximise 19 group welfare through collectivisation 71 in

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Nov 18 2021 (SC)

National Confederation Of Officers Association Of Central Public Secto ...

Court : Supreme Court of India

Decided on : Nov-18-2021

cases which involve allegations of corruption the decision of the constitution bench in lalita kumari supra holds that if the information 31 abl international ltd v export credit guarantee corporation of india 2004 3 scc553 two judge bench central inland water transport as per numbers the companies act 2013 5 alteration of articles of association while converting from private limited to public limited view in this regard will be directly inconsistent with the power conferred on the highest constitutional court emphasis supplied 51 part central government with effect from 22nd october 1965 by a parliamentary legislation enacted in 1965 the said act having been struck extent of 29 5 in the respondent no 4 without amending the metal corporation nationalisation and miscellaneous provisions act 1976 ii res judicata under section 11 of the code of civil procedure 1908 the court must be conscious that grave issues of indication to that effect in the act itself the question therefore is whether absence of specific provision as contained in the

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Nov 17 2021 (SC)

Padam Nabh And Sons Vs. Yash Pal

Court : Supreme Court of India

Decided on : Nov-17-2021

due to this conflict nathi devi was referred to the constitution bench by an order reported in nathi devi vs radha state and ii an owner who is a non resident indian and who returns to india 12 while section 13 a delhi act 1 2005 2 scc2712 2011 1 rcr rent 368 3 7 since nathi devi supra was concerned with the reportable in the supreme court of india civil appellate jurisdiction civil appeal no 5976 of 2014 padam nabh sons appellant act b in the case of death of such of parliament and includes a specified landlord after such member of the 13 a of the east punjab act was inserted by amending act 2 of 1985 section 13 b was inserted by that these provisions carve out an exception to the normal procedure for eviction ii that being in the nature of exception in section 14 d would be redundant the high court therefore fell in error in thinking that only two conditions were

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Oct 27 2021 (SC)

Manohar Lal Sharma Vs. Union Of India

Court : Supreme Court of India

Decided on : Oct-27-2021

the items around which the greatest and the bitterest of constitutional struggles have been waged in all countries where liberal constitutions are not involved the apprehension of the respondent union of india is that any inquiry in this behalf should not jeopardize law comports with the enumerated grounds in clause 2 of article 19 or that may be provided for elsewhere in the on or off the nso group purportedly sells this extremely powerful software only to certain undisclosed governments and the end user communications and electronics and information technology took the stand in parliament on 18th july 2021 when asked about the alleged cyberattack to investigate b to make recommendations i regarding enactment or amendment to existing law and procedures surrounding surveillance and for 42 recommendations i regarding enactment or amendment to existing law and procedures surrounding surveillance and for 42 securing improved right to privacy batch of petitions before this hon ble court i am therefore filing this limited affidavit at this stage while reserving liberty

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Feb 11 2021 (SC)

Vikash Kumar Vs. Union Public Service Commission

Court : Supreme Court of India

Decided on : Feb-11-2021

promise of full and equal citizenship held out by the constitution to the disabled and to execute its ethos of inclusion and 48 organizations of the persons with disabilities 78 in india as reflected by the policy disconnect in this case there 2018 and the cse notification 2018 violate article 14 and article 16 1 of the constitution and the rpwd act 2016 strength of the muscles appendix i b loss of muscle power can be given percentages as follows i the mean percentage section 2 r section 2 s has been phrased by parliament in broad terms so as to mean a person with care institution as per proforma at appendix v the above amendment is similar to the guidelines prescribed by the om dated shall supersede the guidelines for evaluation of various disabilities and procedure for 14 part d certification vide government of india ministry as broadly defined by section 2 s 42 we are therefore of the view that dopt and upsc have fundamentally erred

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