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Judgment Search Results Home > Cases Phrase: constitution of india article 31c saving of laws giving effect to certain directive principles Page 1 of about 405 results (0.092 seconds)

May 16 1988 (HC)

Prasanta Kumar Seth and ors. Vs. Special Officer and Secretary, Board ...

Court : Kolkata

Reported in : (1989)1CALLT224(HC)

..... west bengal land reforms act. it was declared that the act is for giving effect to the policy of state towards securing the principles specify in clauses (b) & (c) of article 39 of the constitution of india. article 31c grants saving of laws giving effect to the certain directive principles of the constitution of india and provides that notwithstanding anything contained in article 13, no law giving effect to the policy of the state towards securing all or any of the ..... principles laid down in part iv shall be deemed to be void on the ground ..... that it is inconsistent with or takes away of abridges any of the rights conferred by article .....

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Sep 19 2019 (SC)

Union of India Vs. Tarsem Singh

Court : Supreme Court of India

..... other very important circumstance to be borne in mind when judging the constitutional validity of the 1997 amendment act for the interregnum period from 1997 to 2015. article 31-c13 articles 31-c and 39(b) of the constitution of india read as under:24. 31c. saving of laws giving effect to certain directive principles.- notwithstanding anything contained in article 13, no law giving effect to the policy of the state towards securing all or any of ..... the principles laid down in part iv shall be deemed to be void on the ..... ground that it is inconsistent with, or takes away or abridges any of the rights conferred by article 14 or article 19 .....

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Feb 26 2014 (HC)

M/S. Shivraj Fine Art Litho Works and Others Vs. the State of Maharash ...

Court : Mumbai Nagpur

..... background of the provisions contained in the act, we have to consider whether such act can enjoy protection under article 31c of the constitution of india. article 31c came to be inserted in the constitution by the constitution (twenty-fifth amendment) act, 1971. article 31c of the constitution reads thus : 31c saving of laws giving effect to certain directive principles : notwithstanding anything contained in article 13, no law giving effect to the policy of the state towards securing all or any of the ..... principles laid down in part iv shall be deemed to be void on the ground that it is inconsistent with or ..... takes away or abridges any of the rights conferred by article 14 or article 19 and no law .....

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Feb 04 1993 (SC)

Raghunathrao Ganpatrao Vs. Union of India (Uoi)

Court : Supreme Court of India

Reported in : JT1993(1)SC374; 1993(1)SCALE363; 1994Supp(1)SCC191

..... inserting clause (2b) after clause (2a) came into force. by the same amendment act, article 31c was inserted after article 31b entitled 'saving of laws giving effect to certain directive principles'. it is significant to note that article 31 was omitted by the constitution (forty-fourth amendment) act, 1978 w.e.f. 20th june, 1979.44. the impugned constitution (twenty-sixth) amendment, 1971 was passed by the parliament and it received the assent ..... act was brought in 1971 which amended the constitution to surmount the difficulties placed in the way of giving effect to the directive principles of state policy by the interpretation of article 31 of the constitution in rustom cawasjee cooper v. union of india : [1970]3scr530 . the said act substituted clause (2) and inserted clause (2b) to article 31 and added article 31c. these amendment acts, namely, twenty-fourth and twenty ..... provisions'. in confirmation of this consent and guarantee, the covenant was signed by a secretary to the government of india.on the coming into force of the constitution of india, the territories of madhya bharat became an integral part of india. article 291 of the constitution provided:where under any convenant or agreement entered into by the ruler of any indian state before the commencement of .....

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Jan 04 1993 (SC)

Shri Raghunathrao Ganpatrao Vs. Union of India

Court : Supreme Court of India

Reported in : AIR1993SC1267

..... clause (2a) came into force. by the same amendment act, article 31c was inserted after article 31b entitled 'saving of laws giving effect to certain directive principles'. it is significant to note that article 31 was omitted by the constitution (fourty fourth amendment) act, 1978 w.e.f. 20th june 1979. 45. the impugned constitution (twenty-sixth) amendment, 1971 was passed by the parliament and it ..... 1971 which amended the constitution to surmount the difficulties placed in the way of giving effect to the directive principles of state policy by the interpretation of article 31 of the constitution in rustom cawasjee cooper v. union of india : [1970]3scr530 . the said act substituted clause (2) and inserted clause (2b) to article 31 and added article 31c. these amendment acts, ..... the ground that it violates the basic structure and essential features of the constitution of india and is, therefore, outside the scope and ambit of constituent powers of the parliament to amend the constitution as provided under article 368 of the constitution. in addition, certain directions or suitable orders are sought for declaring that the petitioners continue to be ..... this consent and guarantee, the covenant was signed by a secretary to the government of india. on the coming into force of the constitution of india, the territories of madhya bharat became an integral part of india. article 291 of the constitution provided: where under any covenant or agreement entered into by the ruler of any indian .....

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Dec 19 1996 (SC)

Mafatlal Industries Ltd. and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : 2002(83)ECC85; 1997(89)ELT247(SC); JT1996(11)SC283; 1996(9)SCALE457; (1997)5SCC536; [1996]Supp10SCR585; [1998]111STC467(SC)

..... and without any meaning and substance. neither article 38 nor article 39, in any way, empower the state to levy or retain taxes without any authority of law.7. the importance and effectiveness of the directive principles of the state policy have been laid down in article 31c in the following words:37c saving of laws giving effect to certain directive principles. -notwithstanding anything contained in article 13, no law giving effect of the policy of the state towards ..... of taxes collected by the states is by indirect levies, the constitutional protection against unlawful taxes will become meaningless and devoid of any substance.6. mr. parasaran, appearing on behalf of union of india has argued that article 265 has to be read along with the directive principles. the state has been enjoined to direct its policy towards securing that the ownership and control of the ..... of the preamble and article 39(b) and (c) of the constitution to contend that article 265 of the constitution cannot be construed in a vacuo or isolation, but should be construed in the light of the basic principles contained in other parts of the constitution -viz. - the preamble and the directive principles of state policy:preamblewe, the people of india, having solemnly resolved to constitute india into a sovereign socialist .....

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Sep 15 2006 (SC)

Arun Kumar and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : (2006)205CTR(SC)193; [2006]286ITR89(SC); [2007(1)JCR1(SC)]; JT2006(12)SC121; 2006(9)SCALE320

..... a view to save the statute from declaring it ultra vires by carrying it to the point of 'perverting the purposes of the statute'. 33. thus, in minerva mills limited v. union of india : [1981]1scr206 , validity of article 31c of the constitution as amended by the constitution (42nd amendment) act, 1976 conferring immunity from challenge of laws giving effect to directive principles in part iv of the constitution was questioned in ..... the constitutional law, no constitutional amendment has ever been read down to mean the exact opposite of what it says and intends. in fact, to accept the argument that we should read down article 31c, so as to make it conform to the ratio of the majority decision in kesavananda bharati is to destroy the avowed purpose of article 31c as indicated by the very heading 'saving of certain laws ..... ' under which articles 31a, 31b and 31c are grouped. since the amendment to article 31c was unquestionably made with a view to empowering the legislatures to pass laws of a particular description even if those laws violate the discipline of articles 14 and 19, it seems to us impossible to .....

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Sep 25 1995 (HC)

Lakshmi Porcelains Ltd. Vs. Union of India,

Court : Delhi

Reported in : 1995IVAD(Delhi)291; 1995(35)DRJ182

..... projected. (15) all this having been said, it will appear that the real question has escaped our attention which is the effect of declaration made under section 2 of sica. under article 31c of the constitution, laws giving effect to certain directive principles have been saved. this article is as under :- '31c.saving of laws giving effect to certain directive principles. - notwithstanding anything contained in article 13, no law giving effect to the policy of the state towards securing all or any of the ..... principles laid down in part iv shall be deemed to be void on the ground that it is inconsistent with, or takes away ..... who is or has been a judge of a high court or who is or has been an officer not below the rank of a secretary to the government of india or who is or has been a member of the board for not less than three years. '(8) chapter iii deals with references, inquiries and sanctioning of schemes for revival .....

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Jun 20 1997 (HC)

Shri Qucxova Sinal Cundo, Through His Power of Attorney Shri Naraina S ...

Court : Mumbai

Reported in : 1998(2)BomCR87

..... that only by this method could the constitution be amended. mr. zaiwalla pointed out that article 31-c was inserted by section 3 of the constitution (25th amendment act) 1971. he pointed out that article 31-c, as it then stood read as follows:'31 -c saving of laws giving effect to certain directive principles.:---notwithstanding anything contained in article 13, no law giving effect to the policy of the state towards ..... must therefore pay dead rent and/or compensation.95. we have heard the parties. in our view the said impugned act does not violate either article 14 or article 19(1)(g) of the constitution of india. as has been seen, the petitioners are enjoying rights under various concessions granted to them by the then portuguese government. as a result of ..... achieved by the said impugned act and the policy of the state towards securing the principles specified in clauses (b) and (c) of article 39 of the constitution.75. in this behalf he relied upon the case of assam sillimanite ltd. and another v.union of india and others : air1992sc938 . in this case,the supreme court has held as follows:'25 ..... . : air1990sc153 ; tinsukhia electric supply co. ltd. v. state of assam : air1990sc123 ; vellore electric corpn. ltd. v. state of tamil nadu : [1989]2scr475 ; assam sillimanite v. union of india : air1992sc938 and rashtriya mill mazdoor sangh v. state of maharashtra : (1997)iillj720sc .35. mr. andhyarujina points out, from the last mentioned case, that the same judge, who in property owners .....

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May 09 1980 (SC)

Minerva Mills Ltd. and ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1980SC1789; (1980)3SCC625; [1981]1SCR206; 1980(12)LC727(SC)

..... of india, would be able to participate in the fruits of freedom and development and exercise the fundamental rights. parliament therefore amended article 31c with a view to providing that in cases of conflict directive principles shall have precedence over the fundamental rights in articles 14 and 19 and the latter shall yield place to the former. the positive constitutional command to make laws for giving effect to the directive principles shall ..... in order to show the possible impact of amended article 31c on cases where this court had held provisions of certain statutes to be violative of article 14. he urged on the basis of his tabulated analysis that there can be many cases which are not relatable to directive principles and will not therefore be saved by the amended article. those cases are reported in anwar ali sarkar ..... 1978 sc 1461 is to destroy the avowed purpose of article 31c as indicated by the very heading 'saving of certain laws under which articles 31a, 31b and 31c are grouped. since the amendment to article 31c was unquestionably made with a view to empowering the legislatures to pass laws of a particular description even if those laws violate the discipline of articles 14 and 19, it seems to us impossible to .....

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