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"Roxanne Krieger" (2018-12-07)

NRI-LEGAL-SERVICES.pngAs it NRI Legal services is not possible for him except on the application of the debtor to know all the details of the insolvent's property, lie may take NRI Legal the help of the creditors to ascertain what they are. It merely entitled a married applicant to apply to have the marriage annulled by a court. A duty is therefore cast on the interim receiver to see that the property of the debtor is not lost and for that purpose lie must act quickly.

368 of the Constitution by the Provisional Parliament. The imposition of further conditions is only a safeguard against the hasty action or a protection to the states but does not change the legislative character of the amendment [795 G 796 C] Article 3 of the Constitution permits changes in States and their boundaries by a legislative process under Arts. In this case, on the day of the making of the order for adjudication, the court did not appoint a receiver but did so two days afterwards directing him to take possession of the property of the insolvent.

It is enough to say that it may be open to doubt whether the power of amendment contained in Art. The court granting the decree of nullity was required by section 5(1) of the Gender Recognition Act to issue the full certificate. This shows that amendment is law and that but for the fiction it would be an amendment within the meaning of Art, 368. He need not resort to NRI Legal services the ordinary and dilatory proceedings by tiling a suit and getting an adjudication of title to his property, removal of the attachment, etc.

13(2) was one made in exercise of legislative power and not constitutional law made in exercise of constituent power; and (ii) there were two articles (Arts. The jurisdiction of the court and the ambit of its powers are as contained in s. If however the party aggrieved seeks to benefit by this provision, he must also bring his case within the four corners of the section and prefer his application within 21 days from the date of the act or decision of the receiver complained of.

[796 C-F] Therefore amendments either under Art. State of Rajasthan (2) In the former the validity of the Constitution (First Amend- ment) Act, 1951, which inserted, inter alia, Arts. The question of the amendability of the fundamental rights was considered by this Court earlier in two decisions, namely, Sri Sankari Prasad Singh Deo v. That amendment was made under Art. It is possible that the receiver may be misled by the creditors and he may attach 370 properties in which as a matter of fact, the insolvent has no interest.

Unlike a final gender recognition certificate, an interim gender recognition certificate did not itself effect any change in the applicant’s legally recognised gender. Only when this had been done did the applicant become entitled to a full gender recognition certificate. In such a case, the stranger to the insolvency proceedings is not without a remedy. Union of India NRI Lawyers and State of Bihar(1) and in Sajjan Singh v.

It is not therefore correct to describe an application for relief as one under s. By section 13(2A) of the same Act, the court was then bound to grant a decree of nullity, provided that proceedings to that end were instituted within six months nrillegalservices from the date of issue of the interim gender recognition certificate, and subject to certain other conditions which are irrelevant for present purposes. For the preservation of the insolvent's property, the court may direct such interim receiver to take immediate possession of the whole or any part thereof.

The Matrimonial Causes Act 1973 (as amended), section 12(g), provided that upon the issue of an interim gender recognition certificate the applicant’s marriage became voidable. Section 20 of the Act empowers the court to appoint an interim receiver of the property of the debtor as soon as an order is made admitting the petition. 4 which however does not Jay down any procedure for obtaining such relief.

The aggrieved person is however not without a remedy. When the receiver does an act under the express directions or orders of the court, an application by a third party complaining thereof does not fall within S. 368 also 'includes the power to abrogate the Constitution completely and to replace it by an entire new Constitution, does NRI not really arise in the present case, for the Seventeenth Amendment has not done any such thing and need not be considered.

Section 68 is aimed at giving him speedy relief by enabling him to make an application to the court straight way against any act or decision of the receiver and asking for appropriate relief. 4 and 169 amendments in the Solution are made by 'law' but by a fiction are deemed not to be amendments for the purpose of Art. The Court came to that conclusion on two grounds, namely, (1) the word "law" in Art. This Court held that Parliament had power to amend Part III of the Constitution.

368 or under other Articles are only made by Parliament following the legislative process and are 'law' for the purpose of Art. 68 because the receiver's act is a ministerial one. If, as I conclude, there was at the time of his recall no breach of the appellant’s right at common law, was there nevertheless a violation at that time of his right under article 5(2) of the Convention? He can inter alia apply to the insolvency court for undoing the wrong complained of and the court can give such relief as the circumstances may call for.

31-A and 31-B in the Constitution, was questioned.