Member of the Bihar Legislative Assembly under the provisions of Article 191(2) in terms of para-graph2(l)(b) of the Tenth Schedule ... disqualifications mentioned in Clause (1) or Clause (2) of Article 191 or (b) resigns his seat by writing under his hand addressed to the Speaker
matters which are removed from the jurisdiction of the High Court under
Articles 226 and 227 of the Constitution and entrusted to the Administrative
Tribunal ... before the Governor under Article 192 of the Constitution of
India to disqualify the first respondent in terms of Article 191
army forces of the Union but Article 227(4) which reads as follows:
Nothing in this article shall be deemed to confer on a High ... question considered was only relating to the vires of Article 14 framed under Section 191(2)(a) of the Armed Act but it goes
That this Hon'ble Court may be pleased to issue under
Articles 226 and 227 of the Constitution of India, an appropriate
direction, order ... legality thereof;
i Declare that section 191 of the scheme is
unconstitutional being discriminatory and violative of Article 14 of
the Constitution of India
191, the Hon'ble apex
Court in para-23 of the report held that Article 14 of the Constitution is a
positive concept. Provisions
191)ELT79(MP), [2004]271ITR152(MP)
Bench: Chief Justice , Shantanu Kemkar
JUDGMENT
Kumar Rajaratnam, C.J.
1. In this petition preferred under article
Court, so could the impugned order be challenged
in appeal under Article 136 of the Constitution, but it cannot be
said to affect the fundamental ... 191] and
Parbhani Transport Coop. Society Ltd. v. Regional Transport
Authority [ AIR 1960 SC 801] that a judicial order could be violative
of Article
petition under Article 227 of the Constitution of
India, the detenu has challenged the order of detention No.
PCB/DTN/PASA/191/2009 dated ... application of
mind and also in violation of the provisions of Articles 14 , 21 and
22 of the Constitution of India.
Learned
advocate
Radhey Shyam & Anr vs Chhabi Nath & Ors on 26 February, 2015
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Dr (Ms) B K Naik vs State Of Karnataka on 10 July, 2015
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