provisions of Article 300-A , which was inserted by the 44th Amendment
and looking at the principles of Eminent Domain, held that the payment ... proviso to Article
31A(1) , unlike Article 300A. After the 44th Amendment Act,
1978 , the constitutional obligation to pay compensation to a
person
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
**** vs Ut Chandigarh Admn. & Ors on 8 November, 2012
Author: Surya Kant
Bench: Surya
further, Sh. Grewal, learned Senior
Advocate has contended that after the 44th amendment to the Constitution,
especially after the second proviso to Article
Jaspal Kaur And Others vs State Of Punjab Etc on 24 May, 2011
Author: Rakesh
Constitution of India.
However, later on by virtue of 44th Amendment of the Constitution of India,
Right to Property became a Constitutional Right under Article
questioned in view of Section 26 of the Constitution (44th amendment) Act, 1978. By that section, the powers, privileges and immunities of the Haryana Vidhan
provisions of Section 58(2) of the 42nd Amendment Act, that after the 42nd Amendment, the question of effective or efficacious remedy did not arise ... pointed out that after-the coming into force of the 44th amendment, the point under debate in this petition, would hardly arise
eclipsed during an emergency ( Article 359 as amended by the
Constitution 44th Amendment).
6. If the allegations of apprehension of threat to their lives turn
right of
any person against his property remains protected. However, through
44th Amendment Act, 1978 of the Constitution of India, these two
articles were repealed