Court : Mumbai
Decided on : Apr-22-1977
Reported in : (1977)79BOMLR633; 1977MhLJ587
Chandurkar, J.1. There are several petitions pending in this Court filed by litigants under Article 226 of the Constitution of India as it originally stood before the Constitution of India was amended by the Constitution (Forty-second Amendment) Act, 1976, and the one question which now faces not only the litigants and the counsel but also the Court is, what is the extent of the impact of the newly introduced provisions in Articles 131A, 226, 226A and 228A of the Constitution of India read with the provisions of Section 58 of the Constitution (Forty-second Amendment) Act, 1976 hereinafter referred to as 'The Amending Act'. These thirteen petitions are, therefore, placed before this Full Bench as they raise certain questions which needed early authoritative determination and which were representative of some of the questions which arise in almost all pending matters under Article 226 of the Constitution of India including matters in which interim orders have been made by this Court, the...
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