NRI Legal Services India – What to deal with property related legal issues in property disputes without coming to India by LexLords – NRI Legal Services No Further a Mystery
There is no other NRI provision in the Constitution under which these articles‘ can be amended. 227 of the Constitution. The Lord Chancellor there stated, „When the duty of deciding an appeal is imposed, those whose duty it is to decide it must act judicially. It is clear that as soon as a stay order is withdrawn, the executing court is entitled to carry on execution and there is no question of fresh conferment of jurisdiction by the fact that the stay order has been withdrawn.
All other provisions of the Constitution can be amended by recourse to Art. But I do not think that they are bound to treat such a question as though it were a trial . No other article confers the power of amending the Constitution. The proviso is enacted on the assumption that the several articles mentioned in it are amendable; but for the proviso they would have been amendable under the main part. In such cases the Board of Education will have to ascertain the law and also to ascertain the facts.
The only function entrusted to the High Court under the Rules is to transmit the lists prepared by the Committee and there is nothing in the Rules empowering the High Court, before submitting the lists to vary those lists if the High Court were to disagree with the Committee. 120 as well as a matter of fact, or even depend upon a matter of law alone. 248 and List 1, item 97 because if amendment could be made by ordinary legislative process Art. [904 D] Articles 4, 169, Fifth Schedule Part D and Sixth Schedule Para 21 empower the Parliament to make amendments to certain parts of the Constitution by law, and by, express provision such law is deemed not to be amendment for the purpose of Art.
3 is a judicial subordination and there can be no doubt that the Chief Judge, although he is a persona designata‘, is a tribunal which would fall within the purview and ambit of Art. As soon therefore as the executing court has come to know of the order either by communication from the court passing the stay order or by an affidavit from one party or the other or in any other way the executing court cannot proceed further and if it does so it acts illegally.
Therefore, till the order comes to the knowledge of the court its jurisdiction to carry on execution is not affected by a stay order which must in the very nature of things be treated to be a prohibitory order directing the executing court which continues to have jurisdiction to stay its hand till further orders. 368 would be meaningless. (i) Consultation as provided in Art. The jurisdiction of the court is there all along.
They can obtain information in any way they think best, always giving a fair opportunity to those who are parties in the controversy for correcting or contradicting any relevant statement prejudicial to their view“. 368 even Lists 11 and III can be amended. NRI Legal services 13(2) of the Constitution. On the one hand it is unacceptable that any court of law should aid or lend its authority to NRI Lawyers a party seeking to pursue or enforce an object or agreement which the law prohibits.
There can be no doubt that no action for contempt can be taken against an executing court, if it carries on execution in ignorance of the order of stay and this shows the necessity of the knowledge of the executing court before its jurisdiction can be affected by the order. It is not of the same nature as an order allowing an appeal and quashing execution proceedings. The second ground was that the amendment was invalid because it related to legislation in respect of land. The executing court NRI Legal services may have knowledge of the order on the order being communicated to it by the court passing the stay order or the executing court may be informed of the order by one party or the other with an affidavit in support of the information or in any other way.
It was also urged, in the third place, that though it may be open to Parliament to amend the provisions in respect of fundamental rights contained in Part ITT, the amendment made in that behalf would have to be tested in the light of provisions of Art. The Committee, though composed of Judges of the High Court, is not the High Court. 233 is consultation with the High Court -and not with any other authority such as the Selection Committee appointed under the Rules.
The argument was that the law to which Art. That kind of order takes effect immediately it is passed, for such an order takes away the very jurisdiction of the court executing the decree as there is nothing left to execute thereafter. On the other hand, it is unacceptable that the court should, on the first indication of unlawfulness affecting any aspect of a transaction, draw up its skirts and refuse all assistance to the plaintiff, no matter how serious his loss nor how disproportionate his loss to the unlawfulness of his conduct.
Under the residual power the Parliament has no competence to make any law with respect to any matter enumerated NRI Legal in Lists II and III of the 7th Schedule, but under Art. Similar sentiments were also expressed by Lord Haldane in Local Government Board v. The only effect of the stay order is to prohibit the executing court from proceeding further and that can only take effect when the executing NRI Legal court has knowledge of the order. All that it does is to prohibit the court from proceeding with the execution further, and the court unless it knows of the order cannot be expected to carry it out.
But a mere order of stay of execution does not take away the jurisdiction of the court. I do not add that in doing either they must act in good faith and fairly listen to both sides, for that is a duty lying upon every one who decides anything. 178 Now, the subordination contemplated by S. “ Further, according to the learned Chief Justice there was no reason or principle on which any distinction could be drawn between a civil court which was subordinate to the High Court and a tribunal which was subordinate to the High Court under Art.
[904E-F] (ii) The power to amend the Constitution cannot be said to reside in Art. „steer a middle course between two unacceptable positions.
