Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; SuppSCR1
..... may be called the "constitution of india". the preamble recites that the people in the constituent assembly gave this constitution meaning thereby the constitution of india. therefore, the people gave themselves no other constitution. all other laws whatever their previous status as strict constitutional law became subordinate laws subject to the provisions of our constitution and this position is clear from the language of ..... the power to be possessed by the constituent assembly, uses the word 'repeal' or 'amend' to indicate the plentitude of the power of abrogation and repeal. sections 32, 37, 74, 82 and 107(2) of the government of india act also use the word 'amendment' in the sense of change and not repeal of the law. on the other hand, sections 106(2) of government ..... council parliament has power to make a necessary law on a resolution being passed by the state legislative assembly for such abolition or creation by a majority of the membership of the assembly and by majority of not less than two thirds of the members present and voting. it parliament makes such a law that law must make the necessary amendments to the constitution. ..... not power to override the constitutional scheme. no state can therefore be formed, admitted or set up by law under article 4 by the parliament which has no effective legislative, executive and judicial organs.2001. under articles 2 and 3 parliament may by law form a new state, increase or diminish the area of any state, and alter the boundary or .....Tag this Judgment!
Court : Supreme Court of India
..... of lands (validation) act, 1962 was passed. the 1962 act contained two provisions. section 2 provided: 2. validation of certain acquisition of lands and proceedings and orders connected therewith.- (1) notwithstanding anything contained the city of bangalore improvement act, 1945 (mysore act 5 of 1945), or in any other law, or in any judgment ..... of privileges. if the president refers the question to this committee, the decision of the committee stands final and conclusive . the members of the constituent assembly did not adopt this mechanism. absence of this mechanism does not mean that the decision of the speaker of the lok sabha ..... , lok sabha secretariat at india speaker mavalankar observed as follows: prima facie, it appears to me that the words of article 110 (imposition, abolition, remission, alteration, regulation of any tax) are sufficiently wide to make the consolidated bill a money bill. a question may arise as to what ..... by virtue of section 58, all things done and actions taken under the repealed ordinance are deemed to be done or taken in exercise of the powers conferred by the repealing act, as if that act were in force on the day on which that thing was done or action ..... hcj705203, english translation available at http://elyon.court.gov.il/files_eng/03/520/070a47/03070520.a47.pdf 344 om kumar v union of india, (2001) 2 scc386271 part h consistent with the charter of rights. ever since 1950, the principle of proportionality has indeed been applied vigorously to legislative .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1967SC1643; 1967(0)BLJR818; 2SCR762
..... the reach of the amending power. no one in the parliament doubted this proposition when the constitution first amendment act of 1951 was passed. it is remarkable that most of the members of this parliament were also members of the constituent assembly. in s. krishnan and others v. the state of madras : 2scr621 , a case decided on may 7, 1951, bose, j. said : ' ..... for a certain time and that of 1875 prohibited the alteration of the republican form of government. he thinks that this hindrance can be removed by a two step amendment. he concludes that the constituent of today cannot bind the nation of tomorrow and no constitution can prohibit its amendment in all aspects. 197. of course, the french have experimented with ..... , together with all enactments amending or supplementing the latter act, but not including the abolition of privy council jurisdiction act, 1949, are hereby repealed'. thus it is clear that the word 'law' in art. 13(1), does not include any law in the nature of a constitutional provision, for no such law remained after the repeal in art. 395. 125. then comes the second part of art. ..... on an international basis is still far from being achieved. if one compares the universal declaration with parts iii and iv of our constitution one finds remarkable similarity in the two. it is significant that our committee on fundamental rights was deliberating when the third committee of the united nations was deliberating on the universal declaration of human rights. both are .....Tag this Judgment!
Court : Supreme Court of India
Reported in : AIR1954SC259; 1SCR748
..... same state. he preferred a similar petition to the high court praying for the same relief. these two petitions, along with a number of other petitions preferred under article 226 of the constitution challenging the validity of the madhya bharat abolition of jagirs act and praying for the issue of a mandamus restraining the state from issuing the notification under section 3( ..... the provisions of this constitution on parliament. explanation. - for the purposes of this clause, the constituent assembly of the dominion of india includes - (i) the members chosen to represent any state or other territory for which representation is provided under clause (2), and (ii) the members chosen to fill casual vacancies in the said assembly.' 12. the provision made in this article in ..... its president and deputy president were to be elected and how it was to exercise the power of voting and what number of members would constitute the quorum. on the 6th of december, 1948, the ordinance was repealed and act xxiii of 1949 took its place. the legislate assembly thus constituted was actually functioning on the 26th of january, 1950, when the ..... factual existence is apparent from the laws that it made subsequent to its formation. 11. part xxi of the constitution of india deals with 'temporary and transitional provisions'. about two dozen articles in this part concern themselves with the solution of the problems of the interval in between the repeal of the government of india act and the coming into being of .....Tag this Judgment!
Court : Patna
..... category nos. (i), (iii), (iv) and (vi) of section 60, the governing body can be said to have been constituted. in other words, whether the governing body can be said to have been constituted only when all the seven categories/constituencies have been filled up. before answering the question it may be stated that in the instant case the process of election ..... that is because the statute act provides for different modes of induction of the members. some come by election, some by nomination and some by co-option. the principal is an ex-officio member. but it would appear that in the constitution of the governing body which consists of seven members who can be prescribed as representing seven categories or constituencies, the vice-chancellor or ..... the syndicate in consultation with the state government:provided further that in the case of colleges established and administered by minorities based on religion or language or medical/engineering colleges other than those maintained by the government, the governing body shall be constituted by the syndicate after considering the advice of the sponsors authorities of the college concerned. but where ..... .1. these two writ petitions have been, heard together and are disposed of by this common judgment as the subject matter of dispute is the same in both of them.2. c.w.j.c. no. 803 of 1995 (r) has been filed by sambhu nath roy, professedly, in public interest complaining of mismanagement of the affairs of chotanagpur law college (hereinafter .....Tag this Judgment!
Court : Mumbai
Reported in : AIR1977Bom350; (1977)79BOMLR234
..... on the appointed date in respect of such alienations and all other incidents thereof. these provisions have nothing to do with the normal rights of a member of a hindu family under the personal law applicable to hindus.11. provisions similar to those in the act, contained in the bombay inferior village watans abolition act (act 1 of 1959) came up for consideration before malvankar, j. in ..... possession of these lands upon revival of vatan, his possession continued till the bombay merged territories miscellaneous alienations abolition act, 1955 (hereinafter referred to as 'the act') was passed whereby alienation was abolished altogether. balkrishna died in the year 1952 and after his death the two inam lands continued to be in possession of his heirs who are defendants nos. 1 to 5. the ..... plaintiffs who arc the sons and grand-sons of shankarrao, one of the sons of narhari filed a suit for partition and possession of their one-fourth share in the two inam lands and for past and future mesne profits. they pointed out that orders were already passed in respect of regrant of one of the pieces of land, namely, survey ..... . 9 to 11 were pending. the plaintiffs alleged that upon payment of occupancy price on behalf of the family during the time stipulated in the act government was bound to regrant the land and these two survey numbers were treated as family lands. according to the plaintiffs the four branches of date family representing the four sons of narhari were each entitled .....Tag this Judgment!
Court : Gujarat
Reported in : (2001)4GLR3141
..... level, in the panchayats at the district level;(c) of the members of the house of the people and the members of the legislative assembly of the state representing constituencies which comprise wholly or partly a panchayat area at a level other than the village level, in such panchayat; bombay land revenue code ..... the people/gram panchayat are an absolutely irrelevant factor in the matter of formation/reconstitution/abolition of talukas. even though section 9(2) of the panchayats act of 1961 and section 7(2) of the panchayats act of 1993 pertain to alteration of geographical limits of a gram panchayat, the observations ..... have a right of hearing before the state government can exercise its powers under section 7 of the bombay land revenue code. the first two two reasons as well as the reasons already given by this court in the case of patel baldevbhai ambalal vs. state of gujarat, 1998 (1 ..... afresh the entire issue about the continuation or otherwise of vagadod taluka after taking into consideration all the relevant factors latest by 28th february. 2001.20. in view of the above discussion, both the petitions are disposed of in terms of the aforesaid observations and directions. rule in ..... ... .... ... .... art.243-c. composition of panchayats.- (1) subject to the provisions of this part, the legislature of a state may, by law, make provisions not exceeding twenty lakhs.provided that the ratio between the population of the territorial area of a panchayat at any level and the number of seats .....Tag this Judgment!
Court : Andhra Pradesh
Reported in : AIR2007AP273; 2007(4)ALD783; 2007(5)ALT707
..... council shall be elected by electorate consisting of members of municipalities, district boards and such other local authorities in the state as may be specified by parliament by appropriate legislation. the 1950 act is such legislation. sub-section (1) of section 27 of the 1950 act contains the definition of the 'local authorities' constituency', 'graduates constituency' and 'teachers' constituency' by reference to article 171(3) of the ..... . the municipal corporations owe their existence to two legislative instruments i.e., hyderabad municipal corporation act, 1955 and the andhra pradesh municipal corporations act, 1994. the municipalities and nagar panchayats owe their existence to the andhra pradesh municipalities act, 1965, the cantonment boards owe their existence to the cantonments act, 1924 (the 1924 act has been repealed by the cantonments act, 2006), and zilla parishads and mandal parishads ..... department, ministry of law and justice, government of india, it has been averred that the creation/abolition of the legislative council and voting rights for that purpose are purely based on the resolution passed by the legislative assembly of the state in terms of article 169(1) of the constitution of india, and the provisions of the 2005 act cannot be struck down .....Tag this Judgment!
Court : Jharkhand
Reported in : [2006(4)JCR330(Jhr)]
..... , whether incorporated or not, or even an individual. right that is infringed may be under part iii of the constitution or any other right which the law validly made might confer upon him. but then the power conferred upon the high courts under article 226 of the constitution is so vast ..... with the school and one of the conditions in the contract is to amend the mutual terms from time to time. communication dated 01st december, 2001 of the secretary of the management committee of st xaviers schools to the teachers is reproduced herein below:dear teachers,rev. fr. provincial, the president ..... the tripartite agreement dated 02nd of december, 1998, the bye-laws of albicsa of which the school is a member as also the regulations/norms of the i.c.s.e., the affiliating body. petitioner claims to have made some representations alongwith other teachers of the school. petitioner has, accordingly, sought various ..... this is particularly in respect of the question of age. even the teachers who are asking for enhancement of retirement age have to retire after two years or so and some person has to replace them then how the age of retirement can be said to be relevant and material in ..... age. though the school was run by a registered society, however, all recognized schools whether aided or otherwise were governed and regulated by delhi education act, 1973 and the delhi education rules, 1973 while considering the question of maintainability of writ petition, the hon'ble supreme court observed as under: .....Tag this Judgment!
Court : Rajasthan
Reported in : RLW2003(1)Raj155; 2003(1)WLN371
..... of the following two questions:1. whether the judgment dated 13.12.2001 has a binding effect as a part of the law of precedent or not?2. whether the right to file intra court appeals stands abrogated with the repealing act coming into force on 29.8.2001 by which the rajasthan high court ordinance, 1949 was repealed notwithstanding the several other existing provisions preserving ..... before the division bench of the kerala high court in hearing the appeals. secondly, whether the kerala high court was governed by the provisions of the travancore cochin act, the constituent law of the high court corresponding to kerala high court viz., travancore cochin high for the purpose of making it obligatory to refer the case to a third judge in ..... aforesaid general notice, a large number of the members of the bar responded, appeared and addressed the court about the question regarding maintainability of the special appeals and the effect of judicial administrative laws (repeal) act, 2001 whereby rajasthan high court ordinance, 1949 has been repealed. hearing was concluded on 24.11.2001.10. on 24th november, 2001 itself the court commenced the dictation of judgment ..... but significantly did not ordained that high court, as a court set up under constitution shall be deemed to be high court set up and constituted under existing law and governed by the existing law. nor the effect of abolition of high courts of part b state and setting up of new high courts in state organised or reorganised under s.r .....Tag this Judgment!