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Alka Synthetics Ltd. vs Securities And Exchange Board Of India ... on 19 February, 1997 Equivalent

T.R. Mishra And Ors. vs State Of Gujarat And Ors. on 26 December, 1989

powers under Article 368 of the Constitution and, therefore, the Constitution (44th Amendment) Act, 1976, is also beyond the powers of Parliament inasmuch

said Article, was restored in the Article by.Constitution (44th Amendment) Act. At the time when this court decided S. R. Paters case

Constitution of India, which is substituted by the Constitution (44th Amendment) Act, 1978 . 2. In the course of deciding Civil Application ... this Court. 3. Clause (3) of Article 226 introduced by the 44th Amendment Act, 1978 , as the text of the said clause shows, obviously

before its repeal with effect from June 20, 1979, by the 44th Amendment Act, 1978 . It read as under : "(1) No person shall

This power of the President has been curtailed by the Constitution (44th Amendment Act, 1978 ) which came into force from June 20, 1979. This means

amendment of the Constitution in the year 1978 ( i e. by 44th Amendment) the property right has been taken out of Chap

saved by the Forty Second Amendment. In case it is held that Forty Second Amendment saves it, Forty Second Amendment itself is ultra vires Article ... fourth Amendment. If it is held that it is saved by 44th Amendment. Forty-fourth Amendment is ultra vires Article 368. (5) Section

Arts. 20 and 21(b) was introduced by the Constitution 44th Amendment with effect from 20-6-1979. Prior to that the declaration ... Proclamation, it could not have taken [There is, however, after the 44th Amendment a limitation imposed even on such exercise of emergency power, under Article