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: 2022 Page 1 of about 302 results (1.606 seconds)Janhit Abhiyan Vs. Union Of India
Court : Supreme Court of India
Decided on : Nov-07-2022
..... provisions now contained in article 368 as under 368 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 by way of addition ..... law or the equal protection of the laws within the territory of india article 15 1 on the other hand prevents the state from discriminating against .....
Tag this Judgment! Ask ChatGPTUnion Of India Vs. M/s. Ganpati Dealcom Pvt. Ltd. Tthrough Managing Di ...
Court : Supreme Court of India
Decided on : Aug-23-2022
..... parliament has the power to enact retrospective legislation even in case of a criminal statute as long as it complies with article 20 1 of the constitution of india ..... procedural gaps that were filled retrospectively by the 2016 amendment ii that the provision of confiscation civil forfeiture under the 1988 act being in the domain of civil law is not punitive and therefore ..... note at p 368 12 i tripartite .....
Tag this Judgment! Ask ChatGPTIn Re: Framing Guidelines Regarding Potential Mitigating Circumstances ...
Court : Supreme Court of India
Decided on : Sep-19-2022
..... procedure 1973 must therefore be held to be arbitrary and capricious and hence violative of articles 14 and 21 emphasis supplied 6 plainly therefore ..... constitutes sufficient time at the trial court ..... new code parliament has accepted that recommendation ..... india for appropriate orders in this regard cji ..... sections 367 and 368 section 367gives power to the high ..... criminal procedure code amendment act 1978 14 sentence proposed on .....
Tag this Judgment! Ask ChatGPTAll Kerala Distributors Association, Represented By Its Secretary Vs. ...
Court : Supreme Court of India
Decided on : Jul-27-2022
parliament the tests of repugnancy have been delineated by the constitution bench in deep chand48 three principles have been noted in m karunanidhi32 association of natural gas ors vs union of india ors 33 and dharappa vs bijapur coop milk producers societies goods carriage operations the impugned insertions therefore fall foul of article 19 1 g of the constitution as well reliance is the excess amount 9 an officer or authority exercising the power of appeal under sub section 5 of section 8 of the state legislature and 3 whether the law made by parliament and the law made by state legislature occupy the same act enacted by the state legislature is to consolidate and amend the laws relating to the levy of tax on motor authority and the state transport authority may without following the procedure laid down in section 80 grant permits to be effective permit of stage and goods carriage operations the impugned insertions therefore fall foul of article 19 1 g of the constitution
Tag this Judgment! Ask ChatGPTM/s Patil Automation Private Limited Vs. Rakheja Engineers Private Lim ...
Court : Supreme Court of India
Decided on : Aug-17-2022
35 while interpreting the scope of article 142 of the constitution this court held that the law declared by the supreme in salem advocate bar association t n v union of india15 this court while dealing with the question whether section 89 saving past transactions 36 the power of this court under article 142 of the constitution is a constituent power transcendental to matter pending 33 air2001sc172391 before it in exercise of this power this court has often denied the relief claimed despite holding commercial appellate division of high courts act 2015 3 as parliament was not in session and immediate action was required to rs 3 lakhs in other words by virtue of the amendment the legislature was conscious of the fact that there would of the dues moreover it is well settled that the procedure and law are for advancement of justice and not to provision contained in order vii rule 11 cannot be diluted therefore we are not impressed by the argument subject to what
Tag this Judgment! Ask ChatGPTPtc India Financial Services Ltd. Vs. Mr. Venkateshwarlu Kari
Court : Supreme Court of India
Decided on : May-12-2022
of the depositories act the securities and exchange board of india72 has been vested with the power to 72 hereinafter referred in cases a where the property is not an ordinary article of commerce of special value or interest to the plaintiff the position of 43 1953 10th edition sweet maxwell page 368 44 wilson v mcintosh 1894 a c p 129 corporation to hold that the instrument of pledge therein giving unqualified power of sale being inconsistent with section 176 was not valid waive the benefits conferred upon him by an act of parliament or as it is said can contract himself out of e the securities pledged and further mandates the depository to amend its records accordingly there is no place for a prior certain observations are made concerning the contract act and the procedure prescribed for pledging the shares by the depositories act the and uncertain 12 4 clauses 6 1 and 6 2 therefore draw a clear distinction between a mere transfer of the
Tag this Judgment! Ask ChatGPTFaizabad Ayodhya Development Authority Vs. Dr. Rajesh Kumar Pandey
Court : Supreme Court of India
Decided on : May-20-2022
or from the high court under article 226 of the constitution should have the benefits of the provisions of the act indian council for enviro legal action v union of india indian council for enviro legal action v union of india 2011 courts by filing suits or from the high court under article 226 of the constitution should have the benefits of the they succeed in prolonging the litigation due to their money power ultimately they must suffer the costs of all these years the authority in declaring the award the intention of the parliament while enacting section 24 1 of the act 2013 cannot legislature had brought about amendment in section 6 through an amendment act of 1984 to add explanation 1 for the purpose the interim stage section 144 of the code of civil procedure is not the fountain source of restitution it is rather tax has already been recovered by the state government and therefore there is no demand under that head no penal proceedings
Tag this Judgment! Ask ChatGPTM/s Apex Laboratories P. Ltd. Vs. The Deputy Commissioner Of Income Ta ...
Court : Supreme Court of India
Decided on : Feb-22-2022
similar interpretation of the provisions of pc act by a constitution bench of this court in p v narasimha rao v attention was drawn to a news item in times of india dated july 1 2010 by reema nagarajan giving specific instances council act 1956 emphasis supplied 28 https www propublica org article doctors who take company cash tend to prescribe more brand scc257 15 supply cane to sugar factories implies an incidental power to ensure payment of price in short conferment of a givers committed offences under the criminal law and breaches of parliament s privileges and its contempt from prosecution for the former to compel cane growers to 23 inserted vide medical council amendment act 1964 24 2003 4 scc257 15 supply cane to grant maintenance under section 125 of the code of criminal procedure 1973 to prevent vagrancy implies a power to allow interim licence is uniformly prohibited by several state excise enactments it therefore follows that any agreement whereunder the licence is transferred sub
Tag this Judgment! Ask ChatGPTCheckmate Services P Ltd Vs. Commissioner Of Income Tax-i
Court : Supreme Court of India
Decided on : Oct-12-2022
19 this court examined and repelled a challenge to the constitutionality of section 43b especially the provision requiring actual payment in 1 reportable in the supreme court of india civil appellate jurisdiction civil appeal no 2833 of2016checkmate services p of discretionary decision making insofar as taxation statutes are concerned article 265 of the constitution 265 taxes not to be imposed 1 reportable in the supreme court of india civil appellate jurisdiction civil appeal no 2833 of2016checkmate services p ltd appellant s been treated only as receipts not amounting to income when parliament introduced the amendments in 1988 89 inserting section 36 1 inter alia reads as follows it is also proposed to amend the first proviso to the said section so as to allowed to employers in terms of the manual of accounting procedure part i general however the grace period was discontinued by uniformity came into force with effect from 1 4 2004 therefore the argument of the assessee s is that the finance
Tag this Judgment! Ask ChatGPTState Of West Bengal Vs. Anindya Sundar Das
Court : Supreme Court of India
Decided on : Oct-11-2022
chancellor clause c of section 8 1 provides for the constitution of a search committee in 2019 the state legislature enacted reportable in the supreme court of india civil appellate jurisdiction civil appeal no 6706 of 2022 state by applying the rule principle of repugnancy as enunciated in article 254 of the constitution as the subject education is in in such a manner would make the provisions entrusting the power of appointment of the vc with the chancellor redundant 43 the said act shall be laid before each house of parliament therefore being a subordinate legislation ugc regulations becomes part of enacted the west bengal university laws amendment act 2019 the amended act was assented to by the governor of west bengal minimum qualifications of a vc selection procedure and the appointment procedure regarding the appointment of the vc regulation 7 3 states holding that the ugc regulations were binding held that 49 therefore when the appointment of respondent 4 is found to be
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