with general allegations and is, therefore, not maintainable. After
referring to Articles 40 and 243K of the Constitution of India, and to the
Statement ... view of Article 37 , is fundamental in governance and
obligates the State Legislature to apply these principles in making laws.
Article 40 of the Constitution
Articles of Association of
the company. The accused have dishonestly misappropriated the
property of the company in violation of Article 40 of the Articles ... relevant clauses in the Articles of
Association of the company (Annexure-I) shall be looked into.
Article 40 reads as follows:
"The profit
into one of mortgagee. Therefore, the duty
13
payable is under Article 40(b) and not under Article 40(a)
of Schedule 1-A (Delhi ... mortgage
and not a usufructuary mortgage. It is dutiable,
therefore, under Article 40(b) and not under Article
40(a) of Schedule I-A (Delhi
authority is serious enough and calls for punitive action in terms of Article 351. It has no bearing with the quantum of sentence but with ... government servant in the commission/omission of the crime.
40. Article 351-A empowers the Governor to withhold or withdraw pension or a part
inadequate devolution of powers and lack of
financial resources.
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2. Article 40 of the Constitution which enshrines one
of the directive principles of State ... mean an institution (by whatever name called) of self
Government constituted under Article 243B for the rural
areas. Article 243B reads thus:
“243B. Constitution
Dilip Madhukar Patil vs The State Of Maharashtra Thru Chief ... on 27 June, 2019
Author
relevant to consider the provisions
concerning the issue on hand. Article 239 of the Constitution is
extracted hereunder.
“ 239. Administration of Union territories.
(1)Save ... Administrator over such Union Territory which has a legislative
body.
40.Article 239A of the Constitution deals with creation of an
executive for the Union
State Election Commission,
in exercise of its extra-ordinary jurisdiction under Article 226 of
the Constitution of India.
14. The learned Counsels for the private ... actions, in the facts and circumstances of the
instant case.
16. Article 40 of the Constitution enjoins the State to take
steps to organise village
word ‘property’ or ‘personal
property’ is missing. Article 2 deals only with personal rights,
privileges, dignities, etc. Article 3 deals with privy purse which
would ... will be those referred to in
Article 2. The word ‘property’ is also conspicuously absent in
Article 6.
40. Article 4 states that the Nawab
Government of India Act, 1935. After enactment of Constitution of independent India, Article 296 now continues above provision and say :
'Subject as hereinafter provided ... other case, vest in the Union.' (Emphasis added)
40. Article 296 , therefore, has retained power of State to get ownership of such land
