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Judgment Search Results Home > Cases Phrase: constitution of india article 372a power of the president to adapt laws Page 1 of about 17 results (0.032 seconds)

Apr 28 1976 (SC)

Union of India (Uoi) Vs. Prem Kumar JaIn and ors.

Court : Supreme Court of India

Reported in : AIR1976SC1856; (1976)3SCC743; [1976]SuppSCR166; 1976(1)SLJ547(SC); 1976(8)LC593(SC)

..... and ors. : [1970]3scr881 article 372a gave a fresh power to the president which was equal and analogous to the power under article 372(2).8. it follows therefore that, as and from november 1, 1956, when the constitution (seventh amendment) act, 1956, came into force, the president had the power to adapt the laws for the purpose of bringing the provisions of any law in force in india into accord with the ..... . a comparison of the provisions of articles 372 and 372a shows, however, that while the purpose of both the articles was to bring the provisions of any law in force in india 'into accord' with the provisions of the constitution, article 372 was a general provision enabling the making of adaptations and modifications in such laws by an order of the president, whereas article 372a was a special provision which was made ..... specifically for purposes of the constitution (seventh amendment) act, 1956, inasmuch as .....

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Mar 14 1975 (HC)

The State of Andhra Pradesh Vs. New Delhi Municipal Committee

Court : Delhi

Reported in : AIR1975Delhi223; ILR1975Delhi84

..... translated into the existing laws, power had to be found to make adaptations and modifications in those laws since the modification and adaptation could not then be made under article 372. article 372a was thereforee, added to the constitution which empowers the president to make such adaptations and modifications in the existing laws as may be necessary for the purposes of bringing any provision of any law in force in india and in any ..... (58)(b) of the general clauses act, as modified by the adaptation of laws order issued under article 372a of the constitution of india pursuant to the said act defines the term 'state' as including the union territory of delhi and, that delhi was, thereforee, a state with the result that the president had no power to make rules for the central services in delhi. the contention was ..... interpretation of the constitution by virtue of article 367 of the constitution of india only to the extent it was adapted and modified under article 372 so as to exclude any adaptation or modification under article 372a was repelled an the around that the armament overlooks the provision of a fresh power of adaptation conferred on the president by article 372a and that 'this was a fresh power equal and analogous to article 372(2).' it .....

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Mar 04 1970 (SC)

The Management of Advance Insurance Co. Ltd. Vs. Gurudasmal and ors.

Court : Supreme Court of India

Reported in : AIR1970SC1126; (1970)1SCC633; [1970]3SCR881

..... bringing the provisions of any law in force in india or in any part thereof, immediately before the commencement of the ..... ) in clause (3) of the article and that time limit expired in 1953. they contend that the definition prior to the amendment would only apply.23. this argument overlooks the provision of a fresh power of adaptation conferred on the president of india by article 372-a which was introduced by the constitution (seventh amendment) act 1956. that article reads :372a. power of the president to adapt laws.(1) for the purposes of ..... constitution (seventh amendment) act, 1956, into accord with the provisions of this constitution as amended by that act .....

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Feb 14 2019 (SC)

Govt. Of Nct of Delhi Vs. Union of India

Court : Supreme Court of India

..... article 312 of the constitution in the following manner:"8. it follows therefore that, as and from november 1, 1956, when the constitution (seventh amendment) act, 1956, came into force, the president had the power to adapt the laws for the purpose of bringing the provisions of any law in force in india into accord with the provisions of the constitution. it was under that power that the president issued the adaptation of laws ..... 1956, mean a state specified in the first schedule to the constitution and shall include a union territory . it cannot be said with any justification that there was anything repugnant in the subject or context to make that definition inapplicable. by virtue of article 372a(1) of the constitution, it was that definition of the expression state which had effect ..... from the first day of november, 1956, and the constitution expressly provided that it could not be questioned in any court of law . the high court therefore went wrong in taking a ..... with prevention of fire etc. further fire services is a municipal function falling within the domain of municipalities, which has been recognised in the constitution of india. article 243(w) of the constitution deals with functions of the municipalities in relation to matters listed in the 12th schedule. entry 7 of the 12th schedule provides for fire services .....

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Jan 27 1975 (HC)

iron Works Vs. Union of India and ors.

Court : Delhi

Reported in : ILR1975Delhi613

..... of adaptation of laws of the president which as conferred by article 372 had expired by january 25, 1953. this article conferred a similar power to adapt laws to ..... article 372, apply for the interpretation of this constitution, as it applies for the interpretation of an act of the legislature of the dominion of india.(36) now it will be noticed that by clause (2) of article 372 the president was authorised to adapt existing laws up to january 25, 1953. article 372a was inserted by the constitution (7th amendment) act, 1956. it again revived for certain purposes the power ..... be exercised between november 1, 1956 to november 1, 1957 for the particular purpose of bringing the provisions of any existing law in accord .....

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Dec 19 1996 (SC)

New Delhi Municipal Committee Vs. State of Punjab, Etc. Etc.

Court : Supreme Court of India

Reported in : AIR1997SC2847; JT1997(1)SC40; 1996(9)SCALE613; (1997)7SCC339; [1996]Supp10SCR472

..... clauses act would be applicable for the purposes of interpreting the constitution. article 372 is the saving clause of the constitution which enables all laws in force before the commencement of the constitution to continue in the territory of india. article 372a, which, once again, owes its origin to the seventh amendment act, empowers the president to make further adaptations in particular situations.114. section 3(58) of the general ..... a union territory. the constitution was amended by the constitution (seventh amendment) act, 1956, which introduced article 372a in the constitution permitting adaptations and modifications of all laws which may be necessary or expedient for the purpose of bringing the provisions of the law into accord with the constitution as amended by the seventh amendment act, 1956. it was in exercise of this power under article 372a that section 3(58) of ..... a state, a part b state or a part c state.17. the said definition was amended by the adaptation of laws order no. 1 of 1956 issued by the president in exercise of the power conferred upon him by article 372a of the constitution introduced by the constitution seventh (amendment) act. the amended definition reads thus:(58) 'states'-(a) as respects any period before the commencement of .....

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Oct 18 1968 (HC)

Management of the Advance Insurance Co. Ltd. Vs. Gurudasmal, Supdt. of ...

Court : Delhi

Reported in : AIR1969Delhi330; ILR1969Delhi426

..... whether the legislation which has already been enacted validly prior to 1956 becomes invalid merely because of the adaptation made into it by the president under article 372a of the constitution. so put, the question can have only one answer and that is, that the adaptation of 1956 cannto make the act unconstitutional.23. alternatively, even as a matter of textual interpretation, ..... the adaptation made in 1956 is nto contrary to entry 80 of list 1. it is true that section ..... by any legislation of parliament but merely by the adaptation of laws order (no. iii) of 1956 promulgated by the president in exercise of the powers conferred on him by article 372-a(l) of the constitution which runs as follows:--'for the purposes of bringing the provisions of any law in force in india or in any part thereof, immediately before the ..... occasion to point out that the general clauses act as adapted under article 372 of the constitution only applied to the interpretation of the constitution. the changes introduced in the said act by the subsequent adaptation made under article 372a consequent on the constitution (7th amendment) act, 1956, were nto applicable to the interpretation of the constitution. consequently, the definition of a 'state' in section .....

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Feb 08 1972 (SC)

ishwar Das Malhotra Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1972SC1193; 1972CriLJ751; (1972)1SCC646; [1972]3SCR411

..... the seventh amendment became a union territory. a new article, article 372a, was also inserted in the constitution enabling the president to adapt laws in force immediately before the commencement of the constitution (seventh amendment) act, 1956.7. this article has no application to the state of jammu & kashmir and, therefore, any adaptations made by the president in exercise of the powers under article 372a can have no application to the state of jammu ..... constitution (application to jammu & kashmir) order, 1950. this order was superseded by another order in 1954. by that ..... of the learned counsel in this respect, it is necessary to give an account of the constitutional provisions applicable to the state of jammu & kashmir. on january 26, 1950 the constitution of india came into force. in exercise of the powers conferred by clause 1 of article 370 of the constitution of india, the president, in consultation with the government of the state of jammu & kashmir, made the .....

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Mar 06 1974 (HC)

Ghousia Begum Vs. the Union Territory of Pondicherry

Court : Chennai

Reported in : AIR1975Mad345

..... a union territory. the constitution was amended by the constitution (seventh amendment) act, 1956, which introduced article 372a in the constitution permitting adaptations and modifications of all laws which may be necessary pr expedient for the purpose of bringing the provisions of the law into accord with the constitution as amended by the seventh amendment act. 1956. it was in exercise of this power under article 372a that section 3(58) of ..... expedient, and provide that the law shall, as from such date as may be specified in ..... accordance with the terms of the bill."clauses (2) and (3) of article 372 read:--"372 (2). for the purpose of bringing the provisions of any law in force in the territory of india into accord with the provisions of this constitution, the president may by order make such adaptations and modifications of such law, whether by way of repeal or amendment, as may be necessary or .....

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Mar 31 2017 (HC)

Virbhadra Singh & Anr. Vs.central Bureau of Investigation & Ors.

Court : Delhi

..... the union territory can have their powers and jurisdiction extended the government of that state consents . [ emphasis supplied ]. to another state provided 162. the supreme court relied upon article 372a of the constitution, which was introduced by the constitution (seventh amendment) act, 1956 w.p.(crl) 2757/2015 page 106 of 133 and, inter alia, observed: therefore, when the president adapted the general clauses act by ..... pe dated 17.06.2015 and regular case/fir dated 23.09.2015. he submits that registration of second pe is impressible in law, and amounts to violation of fundamental rights of the petitioners under article 21 of the constitution of india. reliance is placed on tt. anthony (supra) and amitbhai anilchandra shah vs. cbi (2013) 6 scc348in this regard.61. mr. ..... by the cbi in the dilute the basic federal area of state of himachal pradesh structure of the constitution in accordance with law, the same of india?. would not dilute the basic structure of constitution of india. the petitioners have not relied upon any provision of law and have not cited any decision of any court to submit that sitting chief minister of a state ..... is no justification for, or reasonableness in entertainment of any such belief by the petitioners.34. as a judge of this court, i owe my allegiance only to the constitution of india and the laws of the land. i am completely independent - financially and otherwise, and i am not subordinate to any one, much less to the learned attorney general mr. mukul .....

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