9911796707
TMI BlogStatement of Objects and ReasonsX X X X Extracts X X X X X X X X Extracts X X X X ..... Despite the difference in the wording of the two clauses, they are regarded as dealing with the same subject. The deprivation of property referred to in clause (1) is to be construed in the widest sense as including any curtailment of a right to property. Even where it is caused by a purely regulatory provision of law and is not accompanied by an acquisition or taking possession of that or any ot ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... these laws above challenge in the courts, articles 31A and 31B and the Ninth Schedule were enacted by the Constitution (First Amendment) Act. Subsequent judicial decisions interpreting articles 14, 19 and 31 have raised serious difficulties in the way of the Union and the States putting through other and equally important social welfare legislation on the desired lines, e.g., the following:- (i) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... itions of prospecting licenses, mining leases and similar agreements. This is also necessary in relation to public utility undertakings which supply power, light or water to the public under licenses granted by the State. (iv) It is often necessary to take over under State management for a temporary period a commercial or industrial undertaking or other property in the public interest or in orde ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on two more State Acts and four Central Acts which fall within the scope of sub-clauses (d) and (f) of clause (1) of the revised article 31A. The effect will be their complete, retrospective validation under the provisions of article 31B. 5. A recent judgment of the Supreme Court in Saghir Ahmed v. the State of U.P. = 1954 (10) TMI 37 - SUPREME COURT has raised the question whether an Act providi ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
