Skip to content


Judgment Search Results Home > Cases Phrase: emergency provisions constitution of india Page 1 of about 33,840 results (0.120 seconds)

Jul 20 2012 (HC)

E. Giri Yadav Vs. Union of India, Rep. by Cabinet Secretary, Central S ...

Court : Andhra Pradesh

..... therein, is conclusive? 2. even assuming answer to the above question is in the affirmative, whether it can be said that the parameters requiring invocation emergency provisions under article 355 and consequently, article 356 of the constitution of india are even prima facie satisfied by the petitioner? 3. whether the petitioner has made out any ground to substantiate that the administration in the state ..... treated as convicted, at this stage, for the offence alleged. 18. the constitution of india contains emergency provisions under chapter xviii, which commences with article 352 dealing with proclamation of emergency and ending with article 360 dealing with provision as to financial emergency. article 355 of the constitution of india imposes a duty on the union of india to protect the states against external aggression and internal disturbances so as ..... . during the hearing of these matters, learned senior counsel very fairly stated that article 355 and 356 of the constitution of india are interlinked and are part of emergency provisions. to the extent of the background in which the relief, based on the said provisions, is sought for, it was essential for the petitioner to establish that the government of the state is not being .....

Tag this Judgment!

Apr 04 1969 (HC)

Behari Lal and anr. Vs. Keshri Nandan

Court : Allahabad

Reported in : AIR1970All201

..... courts was raised from rupees 5,000 to rs. 10,000.5. part xviii of the constitution of india contains emergency provisions. under article 356 of the constitution, the president may issue a proclamation in case of failure of constitutional machinery in states. sub-clause (b) of clause (1) of article 356 provides for a ..... variety of grounds. it was urged that the bill never received assent of the president as prescribed by article 111 of the constitution. article 111 of the constitution states:--'when a bill has been passed by the houses of parliament, it shall be presented to the president, and the president ..... of the appellants. firstly, it was argued that act no. 35 of 1968 is unconstitutional. secondly, even if it is assumed that the act is constitutional, the present appeals are not governed by act no. 35 of 1968. these questions are of great importance. the two appeals were, therefore, referred ..... manner in which the matter comes before the high court. a statutory provision prescribing that in certain matters the high court can deal with questions of law only would not be in conflict with article 133 of the constitution.10. in ittyavira mathai v. varkey varkey, air 1964 sc 907 ..... bench, put forward his argument thus:'...........indention of the makers ofthe constitution is that the high court should be the first court of appeal in a case which is valued at rupees twenty thousand. but the substituted provision makes the high court a second court of appeal.........there is.........an .....

Tag this Judgment!

Dec 18 1953 (SC)

Dwarkadas Shrinivas of Bombay Vs. the Sholapur Spinning and Weaving Co ...

Court : Supreme Court of India

Reported in : AIR1954SC119; (1954)56BOMLR681; [1954]24CompCas103(SC); (1954)IMLJ355(SC); [1954]1SCR674

..... one fully paid up share claimed relief under art. 32 of the constitution of india on the ground that the provisions of the sholapur spinning & weaving company (emergency provisions) act, xxviii of 1950 abridged his fundamental rights conferred under articles 14, 19 and 31 of the constitution. this court by a majority of 3 to 2 dismissed the petition ..... . 87. this appeal raises the question of the constitutional validity of the sholapur spinning and weaving company (emergency provisions) ordinance ii of 1950, subsequently replaced by act xxviii of 1950, which reproduced substantially the same provisions. this question arose originally upon a petition under article 32 of the constitution filed by one chiranjit lal chowdhuri and ordinary shareholder ..... of the company, challenging the act as being in violation of his fundamental rights under article 14, 19 and 31 of the constitution ..... resists the payment of the call on the ground, inter alia, that the said ordinance is illegal, ultra vires and invalid under the provisions of the government of india act, 1953, and/or the constitution of india. no oral evidence was adduced on either side. the matters in issue were argued as questions of law governed by the .....

Tag this Judgment!

Mar 11 2011 (HC)

P.R.Ramesh, S/O Late P.Rudramurthv, and ors. Vs. the State of Karnatak ...

Court : Karnataka

..... learned counsel for the respondents, the determination of the first submission advanced by the learned counsel for the petitioners cannot emerge from the provisions of the constitution of india even though reliance was placed thereon, by the learned counsel for the petitioners, during the course of hearing. ft is further sought to be ascertained, that the ..... interest litigation and therefore, the same are required to be heard by this court with reference to section 98(5) and section 100 of kmc act. the provision of the constitution of india and provisions of kttp act, 1999 their contention is that administrator who was appointed under section 100 by the state government to the bbmp in the absence of the elected ..... is liable to be struck down as being vitiated, on account of legal mala fides, and being arbitrariness, and as such, for being vocative of the provisions of article 14 of the constitution of india.50. during the course of hearing, learned counsel for respondents 2 to 4 informed us, that each and every applicant, who had responded to the pre-qualification ..... for the petitioners, it was asserted on behalf of the respondents, that neither article 243-u nor article 243 zf of the constitution of india is relevant to determine the tenure of the administrator, since neither of the aforesaid provisions relate to the subject of appointment of an administrator or the duration of tenure of such appointment. therefore, according to the .....

Tag this Judgment!

Mar 11 2011 (HC)

P.R. Ramesh and Others Vs. the State of Karnataka and Others

Court : Karnataka

..... counsel for the respondents, the determination of the first submission advanced by the learned counsel for the petitioners cannot emerge from the provisions of the constitution of india even though reliance was placed thereon, by the learned counsel for the petitioners, during the course of hearing. it is further sought to be ascertained, that the ..... interest litigation and therefore, the same are required to be heard by this court with reference to section 98(5) and section 100 of kmc act. the provision of the constitution of india and provisions of kttp act, 1999 their contention is that administrator who was appointed under section 100 by the state government to the bbmp in the absence of the elected ..... , is liable to be struck down as being vitiated, on account of legal mala fides, and being arbitrariness, and as such, for being violative of the provisions of article 14 of the constitution of india. 50. during the course of hearing, learned counsel for respondents 2 to 4 informed us, that each and every applicant, who had responded to the pre- ..... for the petitioners, it was asserted on behalf of the respondents, that neither article 243-u nor article 243 zf of the constitution of india is relevant to determine the tenure of the administrator, since neither of the aforesaid provisions relate to the subject of appointment of an administrator or the duration of tenure of such appointment. therefore, according to the learned .....

Tag this Judgment!

Jan 17 1992 (SC)

M.L. Kamra Vs. the Chairman-cum-managing Director, New India Assurance ...

Court : Supreme Court of India

Reported in : AIR1992SC1072; [1992(65)FLR188]; JT1992(1)SC188; 1992LabIC834; (1992)ILLJ630SC; 1992(1)SCALE40; (1992)2SCC36; [1992]1SCR220; 1992(1)LC758(SC); (1992)2UPLBEC1059

..... as unconstitutional and void offending article 14 of the constitution of india. the material facts relevant to the point are that while the appellant was working as divisional manager at delhi, the general insurance business was nationalised and its management was taken over by the central government under general insurance (emergency provisions) ordinance, 1971 replaced by act 57 of 1972 ( ..... for short 'the act') and vested in the custodian of the new india assurance co. ltd., the management of orissa insurance cooperative society ltd. by operation of section 7 of ..... manner as would involve its unconstkutionality, since the legislature or the rule making authority is presumed to enact a law which does not contravene or violate the constitutional provisions. therefore, there is a presumption in favour of constitutionality of a legislation or statutory rule unless ex facie it violates the fundamental rights guaranteed under part iii of ..... is construed in such a way as would make it consistent with the constitution and another interpretation would render the provision or the rule unconstitutional, the court would lean in favour of the former construction. in view of this settled legal position, the question emerges whether the language in rule s would be capable to be construed consistent .....

Tag this Judgment!

Apr 08 1965 (SC)

Damji Valji Shah and anr. Vs. Life Insurance Corporation of India and ...

Court : Supreme Court of India

Reported in : AIR1966SC135; [1965]35CompCas755(SC); [1965]3SCR665

..... changes in law with respect of life insurancebusiness in 1956 and an anticipation of which probably led to the resolution ofjanuary 6, 1956. on january 19, 1956, the life insurance (emergency provisions)ordinance, 1956 (ord. no. i of 1956) was promulgated by the president. it cameinto force from that day which was called them 'appointed day'. section 3(1) provided that ..... the case. section 16 providedfor the payment of compensation to the insurer whose controlled business hadbeen transferred to and vested in the corporation under the act. section 17provided for the constitution of tribunals which were empowered by sub-s. (4)to regulate their own procedure and decide all matters within their competence.section 41 provided that no civil court would ..... technical meaning under theact. 30. section 13(1) of the insurance act provides that every insurer carryingon life insurance business shall, in respect of the life insurance businesstransacted in india, cause once at least in every three years an investigationto be made by an actuary into the financial condition of the life insurancebusiness carried on by him, including the valuation ..... , when the companywas ordered to be wound-up it was not an 'insurer' within the meaning of thedefinition as the company did not carry on life insurance business in india onthat date. its life insurance business had been taken over by the corporationon the appointed day and it ceased to carry on that business thereafter. itfollows therefore that the company .....

Tag this Judgment!

Jul 13 2016 (SC)

Nabam Rebia and Etc. Etc. Vs. Deputy Speaker and Ors.

Court : Supreme Court of India

..... the broad mandate of the commission was to review the existing arrangements between the union and states as per the constitution of india in regard to powers, functions and responsibilities in all spheres including legislative relations, administrative relations, role of governors, emergency provisions, financial relations, economic and social planning, panchayati raj institutions, sharing of resources, including inter-state river water ..... first sitting of the ensuing session, as computed in the aforesaid manner, is long and unreasonable and may cause damage to the goals and ideals of provisions in the constitution of india and the rules of procedure of the house concerning speedy disposal of such resolutions: whereas i am further satisfied that, for any exercise of advancing the ..... sense but in a wide and liberal manner so as to anticipate and take account of changing conditions and purposes so that a constitutional provision does not get fossilised but remains flexible enough to meet the newly emerging problems and challenges. [emphasis supplied].8. i have referred to the aforesaid pronouncements as they have laid down the guidelines for ..... first sitting of the ensuing session, as computed in the aforesaid manner, is long and unreasonable and may cause damage to the goals and ideals of provisions in the constitution of india and the rules of procedure of the house concerning speedy disposal of such resolutions: whereas i am further satisfied that, for any exercise of advancing, the .....

Tag this Judgment!

Aug 12 2014 (HC)

V.Sekar Vs. the Revenue Divisional Officer

Court : Chennai

..... that after the formation of karur district, emergency arose to construct ".master plan complex". for collectorate and ..... government in respect of the existence of the emergency, as i have already stated, when the same is questioned before this court under article 226 of the constitution of india, it is for the government to explain to this court, as to what are all the circumstances which warranted to invoke the emergency provision. in the case on hand, except saying ..... circumstances of the case, the hon'ble supreme court in the judgments cited supra has ultimately held that there was no such grave emergency impelling the government to invoke emergency provision. applying the same ..... filed by the respondents, itself would go to show that there is no emergency in the matter, much less grave emergency.16. though right to property is not a fundamental right, nevertheless, it is a constitutional right under article 300-a of the constitution. therefore, the provision of the land acquisition act should be scrupulously followed. analysing the facts and .....

Tag this Judgment!

Dec 05 1984 (HC)

Chinnamma and ors. Vs. State of Tamil Nadu and anr.

Court : Chennai

Reported in : AIR1986Mad55

..... notification invoking the urgency clause is void for violation of art. 14 of the constitution of india in that the lands belonging to one a. v. ramakrishnan and one a. m. srinivsan, which are also vacant lands, the emergency provision has not been invoked and this indicates that the petitioners have been subjected to ..... request of the sipcot. referred to in para (7) above.8. so far as the second contention, based on discrimination in applying the emergency provisions and dispensing with the enquiry under s. 5-a of the act is concerned, it is seen from the files relating to the acquisition of ..... order. as already stated, in case where the office suggests that the proposal of the managing director of sipcot for acquiring the lands under emergency provisions may be approved and the note is signed by the higher authorities, it can be presumed that they have affixed their signatures in approval ..... the impugned notification was issued. it is no doubt true that sipcot has been urging the government to acquire the lands in question under the emergency provisions of the land acquisition act, and as per their request, the impugned notification had been issued. but, the question is whether there is ..... invoke the urgency clause in the circumstances of the case could be the subject matter of a judicial review, we must see whether the emergency provisions have been invoked mechanically as pointed out by the learned counsel for the appellants or whether it has been invoked after due application of .....

Tag this Judgment!


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //