Constitution's 44th Amendment Act, 1978 , it was resurrected
under Article 300A as constitutional right. The, law must meet the test of
Articles ... violating Article 14
and unfair procedure offends Article 21 of the Constitution. The
acquisition under Section 69A(1) is in violation of Article 300A
Acquisition Act), is
protected by Article 31C of the
Constitution?
3. Whether the true interpretation of
Article 300A of the Constitution, the
said ... Article 31(1) , hence, all the judicial
pronouncements rendered by this Court on Article
31(1) would equally apply when we interpret Article
300A. Learned
Article 19(1)(f) and Article 31 were deleted from Part-Ill of the Constitution of India and a new Article being Article. 300A ... Development Act is protected under Article 31C of the Constitution of India. At the relevant time, evidently Article 300A did not come into force
Niko Resources Limited vs Union Of India & on 26 March, 2015
Author: V.M
Article 31 , including payment of compensation despite the absence of a provision similar to Clause (2) of Article 31 in Article 300A. The purpose ... what Parliament chose to do was only to transform Article 31(1) as Article 300A , and omit Article 31 (2) in its entirety from
Constitution's 44th Amendment Act, 1978 , it was resurrected
under Article 300A as constitutional right. The, law must meet the test of
Articles ... violating Article 14
and unfair procedure offends Article 21 of the Constitution. The
acquisition under Section 69A(1) is in violation of Article 300A
submitted that Article 21 does not apply to acquisition under Article 300A. Reliance was placed on the decision of the Hon'ble Supreme Court ... enjoy the protection under Article 31C or 31A and violative of Articles 14 , 19 & 300A of the Constitution. The said decision was appealed against
submitted that Article 21 does not apply to acquisition under Article 300A. Reliance was placed on the decision of the Hon'ble Supreme Court ... enjoy the protection under Article 31C or 31A and violative of Articles 14 , 19 & 300A of the Constitution. The said decision was appealed against
aforesaid amended provision of the 1983 Amendment Act is hit by Article 300A of the Constitution of India.
6. The stand of the State ... Article 19. By the same amendment right to property which has guaranteed by Article 31 has been shifted from Part III of Article 300A , Clause
violative of Articles 14 , 19(1)(a) , 19(1)(c)
and 300A of the Constitution.
Factual backdrop:
In the year 1943, the Indian Council ... property without any authority of law
which is violative of Article 300A of the Constitution of India. The
impugned Ordinance and the Act are malicious
