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NRI Legal Services Canada - How to deal with property related legalities in encestral property disputes without coming to India by Simranjeet Law Associates - 5 Simple Statements About NRI Legal Services Explained

"Krystyna Shuler" (2018-11-30)

PXadhAr.pngIn appeal to this Court, the appellant contended that (i) the power of the State Government under s. 42 was controlled by the procedure prescribed under s. This Court by a majority of 3 to 2 upheld the correctness of the decision in Sankari Prasad's case(,,). The definition of "estate" was amended and the Ninth Schedule was amended by including therein the said two Acts by the Constitution (Seventeenth Amendment) Act, 1964. 36 had not been followed, and (ii) the respondent's order was illegal as it violated s.

368 does not take in the power to abrogate the entire 'Constitu- tion and replace it by another new Constitution, it certainly means that any provisions of the Constitution may be changed and this change can be in the form of addition to, alteration of or deletion of any provision of the Constitution. 368 because of its indirect effect on Art. 226 was likely to be affected by the Seventeenth NRI Amendment, it required ratification nrillegalservices under the proviso to Art.

18(c) and Rule 16(ii) because under- Rule 16(ii) only a NRI Legal fraction of each proprietors' land could be taken and formed into a common pool so that the whole may be used for the common needs and benefits of the estate and there was no such reason mentioned in the impugned order as required by s. "Fundamental rights" are the modern name for what have been traditionally known as "natural rights". 368 and that the decision in Sankari Prasads case(3) which had negatived this contention required re-consideration.

As one NRI author puts: "they are moral rights which every human being everywhere at all times ought to have sim y because of the fact that in contradistinction with ot moral. (2) [1964] INSC 246; [1965] 1 S. Subject only to co repeal being not possible, the power of amendment contained in Art. The submission on behalf of the Union of India and the States may now be summarised. 368 not only provides procedure or amendment but also contains in it the power to amend the Constitution.

36 if it involved a variation of the confirmed scheme and the order of the respondent wag ultra vires since the procedure contemplated by s. It would be unjust to admit the allegations because the defence would be handicapped in dealing with them. " They are the primordial ment of human personality. man to chalk out his own life in is rational and ry for the developrights which enable a he likes best. effect, it is urged that even if the word "amendment" used in Art. It was also urged that the Seventeenth Amendment was legislation with respect to land and Parliament bad no right to NRI Legal services legislate in that behalf, and further that as NRI Legal services the Seventeenth Amendment provided that the Acts put in the Ninth Schedule would be valid in spite of the decision of the Courts, it nrillegalservices was unconstitutional.

Finally this Court held by majority (1) [1962] Supp. It further held unanimously that the Seventeenth Amendment did not require ratification under the proviso to Art. Our Constitution, in addition to the well-known fundamental rights, also included the rights of the minorities, untouchables and other backward communities, in such rights. In the Ninth Schedule to the Constitution the Mysore Land Reforms Act, 1961, (Mysore Act 10 of 1962) is included as item 51 and the Punjab Security of Land Tenures Act, 1953 (Punjab Act 10 of 1953) is included as item 54.

NRI-LEGAL-SERVICES.png"At the pre-trial hearing the defence submitted that admitting evidence of the bad character allegations by the three women would make a simple case complicated and would expand it out of all proportion and would be unjust. They are the rights of the people preserved by our Constitution. It is further urged that the word "amendment" in law does not merely mean making such changes in the Constitution as would improve it but includes the power to make any addition to the Constitution, any alteration of any of the existing provisions and its substitution by another provisions, and any deletion of any particular provision of the Constitution.

The appellant successfully challenged the respondent's order in a writ petition, which in appeal was reversed. 226, and that Parliament in enacting the Amendment was not legislating with respect to land and that it was open to Parliament to validate legislation which had been invalid by courts. Now, what are the fundamental rights ? So long therefore as the Constitution is not entirely abrogated and replaced by a- new Constitution at one stroke, the power of amendment would enable Parliament to- make all changes in the existing Constitution by addition, alteration or deletion.

They are embodied in Part III of the Constitution and they may be classified thus : (i) right to equality, (ii) right to freedom, (iii)right against exploitation, (iv) right to freedom of religion, (v) cultural and educational rights, (vi) right to property, and (vii) right to constitutional remedies. It would expand the case because the appellant denied the allegations, two of which had not resulted in a conviction, and the Crown would have to prove them.