Thirty-eighth Amendment) Act, 1975 . Amongst the Articles of the Constitution amended by this Act were Articles 352 and 359.
6. By Notification ... such of Clauses (2) to (6) of Article 19 ns may be applicable. Articles 352 , 358 and 359 are to be found in Part XVIII
made in exercise of the powers conferred by Clause (1) of Article 352 of the Constitution of India declaring that grave emergency exists whereby ... Court for the enforcement of the right conferred by Article 14 , Article 21 and Article 22 of the Constitution and further directing suspension
President of India in exercise of the powers conferred upon under Article 352(1) of the Constitution of India by a proclamation of emergency declared ... provisions of Article 19 as mentioned in the marginal note to Article 358 , the normal fetter under Article 19 is lifted while the proclamation
during which the proclamations of emergency made under Clause (1) of Article 352 of the Constitution on the 3rd December 1971 and on the 25th ... which the proclara tions of emergency made under Clause (1) of Article 352 of the Constitution on the 3rd Dec, 1971 and on the 25th
under Articles 14 , 21 and 22 of the Constitution and all proceedings to remain suspended for the period of emergency declared under Article 352 ... earlier orders made under Article 359(1) of the Constitution. Constitution (Thirty-Eighth) Amendment Act, 1975 , amended Article 352 as well as Article
provisions of Article 358 of the Constitution of India. There is no dispute that the first Proclamation of Emergency under Article 352 ... under Article 19 of the Constitution cannot even be entertained. In effect, the position under Article 358 is that the provisions of Article
during which the Proclamations of Emergency made under clause (1) of Article 352 of the Constitution on the 3rd December, 1971 and on the 25th ... declaration of emergency under Art. 352 no immunity from the process of the Court could be claimed under Article 358 of the Constitution, since
that there is no nexus between the emergency declared under Article 352 of the Constitution of India and the present legislation, and therefore, the petitioners ... provisions of Article 358 are not applicable . According to the learned counsel as Article 360 appears on the statute book after Article
Shri Mishrimal Jethamal Oswal vs The Municipal Council Of Lonavala, ... on 8 August, 2006
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Dilip Madhukar Patil vs The State Of Maharashtra Thru Chief ... on 27 June, 2019
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