Article 31 of the Constitution of India as it was before 44th Amendment of
1978 i.e. original Article 31.
A classical doctrine of Eminent ... which converted the right
to property into a legal right by amendment 44th of the Constitution.
The word 'law' as used in Article
T.R. Mishra And Ors. vs State Of Gujarat And Ors. on 26 December, 1989
British Parliamentary Practice is not permissible pursuant to Constitution's 44th Amendment which did not save the law as stood on 1950 when ... immediately before coming into force of Section 26 of the Constitution (44th Amendment) Act, 1978 . He submits that in so far as Article
behest of the appellants-petitioners. Prior to the Constitution (44th Amendment) Act, 1978 , the right to property was guaranteed by Article 31. While clause ... hold the property, has also been omitted by the same 44th Amendment Act, 1978 . The consequence of these changes brought about by the Constitution (44th
question as regards the time for bringing the provisions of the 44th Amendment into force, it is not for the Court to compel the Government ... from bringing into force the provisions of S. 3 of the 44th Amendment, after the passage of two and half years. But the remedy
deletion of Article 19(l)(f) and Article 31 by the 44th Amendment, the right to be adequately compensated for the deprivation of property continues ... acquired or requisitioned.
19. It was in this background that the 44th Amendment came in doing away with right to property from the fundamental rights
property, but it was omitted by Section 2 of the Constitution (44th Amendment) Act, 1978 . According to the non-petitioners the deletion of the aforesaid ... Constitution as stood then before its deletion by the 44th Amendment Act. It was held that the tax being on the land holding
Article 31A(1) for achieving specific objectives. Constitution's 44th Amendment Act, 1978 while omitting Article 31 brought in a substantive provision Clause ... pronouncements and the statement of objects and reasons contained in the 44th Amendment Bill which led to the 44th Amendment Act we have no doubt
lost its protective armour as fundamental
right after Constitution's 44th Amendment Act, 1978 , it was resurrected
under Article 300A as constitutional right ... whether right to property is a basic structure,
after Constitution 44th Amendment Act, 1978 . Indian society is
predominantly agrarian and about
British Parliamentary Practice is neither permissible by virtue of Constitution 44th Amendment, which did not save the law, as stood in the year 1950, when ... Raja Ram Pal 's case and the scope of Constitution 44th Amendment of the year 1978 has been elaborately considered and dealt with