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Its distinguishing feature is that it is a flexible Federation. Articles placed in the second group cover a very large part of the Constitution and can be amended NRI Legal by Parliament by a double majority, namely, a majority of not less than nrillegalservices two-thirds of the members of each House present and voting and by a majority of the total membership of each House. 226 of the Constitution, before it was amended, the High Court had no jurisdiction to issue a writ thereunder against a person or NRI Lawyers authority unless the person or authority nrillegalservices resided or was located within the territorial jurisdiction of NRI Legal services the appropriate High Court : See Election Commission,, India NRI Legal v.

In the one group are placed Articles NRI relating to (a) the distribution of legislative powers between the Centre NRI Legal and the States, (b) the representation of the States in Parliament, and (c) the powers of I the Courts. It has now been well settled that under Art. The properties were sold by the receiver on 5th July before an injunction of the civil court restaining a sale could be served on the receiver. „A stranger to the insolvency is not bound to go to the Insolvency Court at all.

22, he must comply with the terms of s. It is also not necessary for me to express an opinion on the doctrine of prospective overruling of legislation. There, after referring to authorities like Coke on Littleton and Stroud and Stephen, the Privy Council decision in Shell Co. The State of Madras (4), kania , C. It is only in those Articles which are placed in group one that an additional safeguard of ratification by the States is introduced.

226 of the Constitution against the Appellate Officer. 171 In Brainandan Sinha v. 19 cannot be suspended so far as the petitions are concerned. But similarly if he applies under s. The provisions of the Constitution relating to the amendment of the Constitution divide the Articles of the Constitution into two groups. He has the ordinary right, which every individual has, to seek redress in the ordinary civil courts for any grievance or trespass to his property, whether committed by an Official Receiver or anybody else, but he can, if he pleases, if he complains against the act of the receiver, apply under s.

Jyoti Narain(1) the question was, whether a commissioner appointed under the Public Servants (Inquiries) Act, 1850 was a court within the meaning of the Contempt of Courts Act, 1952. The insolvency court referred the appellant to the civil court and a suit was filed on 4th July 1922. On 3rd August 1922 the appellant applied to the District Judge for the cancellation ,if the sale. It was submitted that the Mysore State was rot a border area and the land reform legislation of that State had no relevant-connection with the Proclamation of Emergency and the fundamental rights conferred by Art.

923 Constitution could be amended. The amendment of these Articles does not require ratification by the States. The subject of appeal before the (1) A. (1) This Act or any portion thereof may be extended by notification in the Official Gazette (a) to any tramway which is wholly within a municipal area or which is declared not to be a railway under clause (20) of article 366 of the Constitution, by the State Government; and (b) to any other tramway, by the Central Government.

All other Articles are placed in another group. We are of opinion that so long as a scheme gives the two things which the section itself prescribes and such other particulars which the rules prescribe, that is enough for the purpose of validly originating the proceeding, resulting in eventual nationalisation of the routes and services concerned. One can therefore safely sky that the Indian Federation will not suffer from the faults of rigidity or legalism.

Thereafter it is open to the objectors to take such objections to the proposed scheme in the light of the four purposes already indicated and the proceedings being quasi judicial, the State Government or the authority concerned can consider the objections and finally approve or modify the scheme, or if necessary reject it altogether. It is well-settled that in examining a constitutional question of this character, it is legitimate to consider whether the impugned legislation is a legislation directly in respect of the subject-matter covered by any particular article of the Constitution or whether touches the said articles only incidentally or indirectly.

I do not think that it is necessary to express any opinion on these points because the Writ Petition must fail on the other grounds which I have already discussed above. , had occasion to consider the validity of the argument that, the Preventive detention order resulted in the detention of the applicant in a cell, and so, it contravened his fundamental rights guaranteed by (1) [1922] USSC 28; 258 U. Husaini Bibi’s case(3) certain houses were proclaimed for sale on 14th June 1922 and on last July the appellant, the wife of the insolvent, put in a claim that the properties belonged to her.

22 to the insolvency court itself. 145 On these facts the question arises whether the High Court of,Allahabad has jurisdiction to issue a writ under Art.