Professional Documents
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Constitutional Remedies During National Emergency
Constitutional Remedies During National Emergency
7. V.C. Shukla v. State (Delhi Admn.), 1980 Supp SCC 249 [11-04-1980]
the special features of the emergency and the result of the ...the Government regarding offences J 3
committed during the...
10. Makhan Singh Tarsikka v. State of Punjab, (1964) 4 SCR 797 [02-09-1963]
and the executive actions taken during the course of the said emergency shall be inoperative to J 7
the ...because as soon as the emergency is lifted, Article 19 which was...
12. Supreme Court Advocates-on-Record Assn. v. Union of India, (2016) 5 SCC 1 [16-10-
2015]
Advani, during the Emergency in ... refugee from my own country during the Emergency ... J 5
Secondly, the supersession took place during the internal Emergency declared by Prime Minister
Indira...
13. Sunil Batra (II) v. Delhi Admn., (1980) 3 SCC 488 [20-12-1979]
Next day during the ward rounds when I ... Like class actions, class remedies have pro bono J 3
value...
15. Bennett Coleman & Co. v. Union of India, (1972) 2 SCC 788 [30-10-1972]
Para 26 ) During the proclamation of emergency Article 19 is suspended ... the 1972-73 J 5
Newsprint Policy during the proclamation of emergency...
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19. Emperor v. Benoari Lall Sarma, 1943 SCC OnLine Cal 244 [04-06-1943]
time limitation of six months during which an ordinance is to ... of the existence of an emergency", J 3
in s. 1( 3 ) is, in my ...of some event or events during the continuance of an...
22. K.S. Puttaswamy v. Union of India, 2017 SCC OnLine SC 996 [24-08-2017]
In National Legal Services Authority v ... they are given because the emergency is extraordinary, J 9
and are limited to the period of the emergency...
24. Society for Unaided Private Schools of Rajasthan v. Union of India, (2012) 6 SCC 1 [12-
04-2012]
J 3
over the judgments of the constitutional courts, but to make law constitutional ... Lives of children
are a national asset, and the future of...
26. Re-Inhuman Conditions in 1382 Prisons, 2017 SCC OnLine SC 1109 [15-09-2017]
information available is from the National Crime Records Bureau or the ... This monograph J 2
records that during the period 2007-2011, deaths in...
27. Delhi Laws Act, 1912, In re v. Part 'C' States (Laws) Act, 1950, 1951 SCR 747 [23-05-
1951]
justified on the ground that during a period of emergency and danger to the State ... decisions of J 7
the Supreme Court during the arguments and quotations from several books on constitutional law
were cited...
29. Regional Director, ESI Corpn. v. Francis De Costa, 1993 Supp (4) SCC 100 [05-05-
1992]
J 2
In respect of other injuries remedies and forums are different e ... he had to pass on National
Highway No. 4 between Bangalore and...
30. Dwarkadas Shrinivas of Bombay v. Sholapur Spg. & Wvg. Co. Ltd., 1954 SCR 674 [18-
Page: 3
31. State of Uttaranchal v. Balwant Singh Chaufal, (2010) 3 SCC 402 [18-01-2010]
Remedies sought from the Courts in ...litigation go beyond award of remedies to affected J 2
individuals and groups...
33. State of Karnataka v. Praveen Bhai Thogadia (Dr.), (2004) 4 SCC 684 [31-03-2004]
High Court, that the respondent during his visit to another place ... are attempting to subject the
J 2
constitutional machineries of the State to ...bring about and even undermine national integration
achieved with much difficulties...
35. Union of India v. Elphinstone Spg. and Wvg. Co. Ltd., (2001) 4 SCC 139 [10-01-2001]
Madras Race Club case), distinguished National Textile Corpn ... 1973) 4 SCC 225 , J 5
distinguished National Textile Corpn...
37. Nabam Rebia & Bamang Felix v. Dy. Speaker, Arunachal Pradesh Legislative
Assembly, (2016) 8 SCC 1 [13-07-2016]
J 5
The constitutional Governor is to hold his office under Article 156, during the pleasure of the
President...
38. Shridhar Mahadeo Joshi v. State of Maharashtra, 1976 SCC OnLine Bom 128 [07-12-
1976]
J 2
all other parties except the National Socialist Party ... National Socialist Party ... advocated a
dialogue at the national level and stated that was...
39. People's Union for Civil Liberties v. Union of India, (2004) 9 SCC 580 [16-12-2003]
also free to exercise their constitutional remedies ... Attack on symbols of national pride and on J 2
security/strategic...
41. Yogendra Kumar Jaiswal v. State of Bihar, (2016) 3 SCC 183 [10-12-2015]
National Textile Corpn ... a way, corruption becomes a national economic terror ... Bar Assn. J 2
case 20 , the constitutional validity of the National Tax Tribunal Act, 2005 was called...
42. Sahara India Real Estate Corpn. Ltd. v. SEBI, (2012) 10 SCC 603 [11-09-2012]
These remedies have been dealt with in ... National Rural Health Mission (NRHM) scam ... J 5
During pending proceedings Radhika Girotra case...
46. Indira Nehru Gandhi v. Raj Narain, 1975 Supp SCC 1 [07-11-1975]
During the pendency of the cross-appeal ... of public interest and of national importance ... J
During the pendency of these appeals...
47. Amichand Valanji v. G.B. Kotak, 1964 SCC OnLine Bom 6 [06-10-1964]
The National Emergency Transitional Powers Act, 1945 was, therefore ... Governor in Council J 2
by the National Emergency Transitional Powers Act...
48. Amichand Valanji v. G.B. Kotak, 1964 SCC OnLine Bom 56 [09-10-1964]
The National Emergency Transitional Powers Act, 1945 was, therefore ... Governor in Council J 2
by the National Emergency Transitional Powers Act...
50. Fatima v. National Zoological Park, 2016 SCC OnLine Del 3905 [13-07-2016]
National Zoological Park ... brought to our notice that during the pendency of this writ ...has been J 2
constituted by the National Zoological Park, Delhi vide order...
58. Jindal Stainless Ltd. v. State of Haryana, 2016 SCC OnLine SC 1260 [11-11-2016]
The fact that during emergency and in certain other eventualities ... in nature and has sufficient J 9
remedies to cover excessive taxation and...
59. Mohinder Singh Gill v. Chief Election Commr., (1978) 1 SCC 405 [02-12-1977]
this exclusion of all other remedies includes constitutional remedies like Article 226 because of J 5
the...
60. Express Newspapers (P) Ltd. v. Union of India, (1986) 1 SCC 133 [07-10-1985]
for the petitioners contended that during the period of Emergency, Indian Express had displayed J 3
Page: 5
61. Union Carbide Corpn. v. Union of India, (1991) 4 SCC 584 [03-10-1991]
All ER 275 , relied on National Textile Workers Union v ... National Union of Vehicle Builders , J 5
1971 Ch...
62. Mullaperiyar Environmental Protection Forum v. Union of India, (2006) 3 SCC 643 [27-
02-2006]
J 3
VII Lists II and III - Constitutional validity of law made under ... was constructed across Periyar
river during 1887-...
65. State of Bihar v. Bal Mukund Sah, (2000) 4 SCC 640 [14-03-2000]
Constitutional scheme ... This is the constitutional mandate of that article ... is not a non-aligned J 5
national charter...
68. Manuel Theodore D'Souza, 1999 SCC OnLine Bom 690 [27-10-1999]
associated with suppression of liberty during the emergency Emergency politics led the search J 1
for...
69. Shayara Bano v. Union of India, 2017 SCC OnLine SC 963 [22-08-2017]
During that period, her marriage was ... During that period, the marriage was ... 'Personal law' J 5
has a constitutional protection...
70. Delhi Transport Corpn. v. D.T.C. Mazdoor Congress, 1991 Supp (1) SCC 600 [04-09-
1990]
J 5
is always presumed to be constitutional and where necessary a constitutional meaning will be
inferred to...
71. National Insurance Co. Ltd v. Union of India, 1977 SCC OnLine Del 91 [24-08-1977]
29 : (1978) 41 STC 30 National Insurance Co ... National Insurance Co ... By the General J 1
Insurance (Emergency Provisions) Ordinance, 1971, which was later...
72. Shiv Kumar Tulsian v. Union of India, 1986 SCC OnLine Bom 351 [03-12-1986]
During this period of moratorium, the ...of HCB with the Punjab National Bank ... all or of certain J 2
legal remedies against debtors, sometimes authorised by law during financial distress...
73. Indian Handicrafts Emporium v. Union of India, (2003) 7 SCC 589 [27-08-2003]
had imported ivory from Africa during 1971 to ... 'essential commodities' (such as cotton), during J 3
a period of emergency, the State may impose a...
75. Probodh Chandra Roy v. Life Insurance Corporation of India, 1977 SCC OnLine Cal
269 [18-02-1977]
Page: 6
76. Bharat Petroleum Corporation Ltd. v. Petroleum Employees' Union, 2000 SCC OnLine
Bom 739 [15-11-2000]
J 1
form of a direct action during their long struggle against the ... Courts are the upholders of
constitutional rights and defenders of constitutional values...
77. Unni Krishnan, J.P. v. State of A.P., (1993) 1 SCC 645 [04-02-1993]
Paras 202 ) National Union of Commercial Employees v ... Higher education calls heavily on J 5
national economic resources...
78. Bharat Petroleum Corporation Ltd. v. Petroleum Employees' Union, 2000 SCC OnLine
Bom 739 [15-11-2000]
J 1
Courts are the upholders of Constitutional rights and defenders of constitutional values ... is
restricted and indeed, prohibited during the continuation of the aforesaid...
79. Union of India v. Krishan Lal Arneja, (2004) 8 SCC 453 [28-04-2004]
is also clear that the National Conference member mentioned about the ... of this administrative J 2
fairness is constitutional anathema except for good reasons...
80. Food Corporation of India v. Central Government Industrial Tribunal, 2009 SCC
OnLine Cal 530 [25-02-2009]
J 2
interim order was made that during its pendency service of the ... Tribunal whether is contoured
by constitutional provision or not...
81. State of W.B. v. Kesoram Industries Ltd., (2004) 10 SCC 201 [15-01-2004]
wisdom and nice adaptations of remedies may not be possible ... National Thermal Power J 5
Corpn ... wisdom and nice adaptations of remedies may not be possible...
82. Bhola Ram v. GNCTD, 2013 SCC OnLine Del 3907 [27-09-2013]
has increased manifold in the National Capital Territory of Delhi ... It requires no constitutional J 2
recognition; it is an attribute...
84. Haveliram Shetty v. His Highness Shri Lukhdhirji the Maharaja Saheb of Morvi, 1944
SCC OnLine Bom 23 [06-04-1944]
J 3
The emergency type of delegated legislation is ... the old tolls and the remedies are, by enactment,
extended to...
85. Ali Ahmed v. State of West Bengal, 1978 SCC OnLine Cal 217 [31-07-1978]
State of West Bengal Constitutional Writ Jurisdiction Before M.N ... reduced for about 4 times J 1
during the said financial year...
86. Ravindra Ramchandra Waghmare v. Indore Municipal Corpn., (2017) 1 SCC 667 [29-
11-2016]
with other provisions within the constitutional limitations ... the two provisions deal with remedies, J 2
for validity of plural remedies cannot be doubted. Even if the two remedies happen to be
inconsistent, they...
87. Rinchu v. Govt. of NCT of Delhi, 2006 SCC OnLine Del 1372 [10-11-2006]
of any delay in providing emergency and first aid treatment are ... Hospital and sent to the J 1
emergency ward for eye examination...
88. Swadeshi Cotton Mills v. Union of India, (1981) 1 SCC 664 [13-01-1981]
Appeal No. 1857 of 1979 NATIONAL TEXTILE CORPORATION ... National Association J 3
for Internal Revenue , (1930) 283 US...
89. Nestle India Limited v. Food Safety and Standards Authority of India, 2015 SCC
Page: 7
90. Tan Bug Taim v. Collector of Bombay, 1945 SCC OnLine Bom 32 [09-08-1945]
the effect of Proclamations of Emergency under s. 102 of that Act ... to the interpretation of a J 1
constitutional enactment...
91. Kamla Devi v. Government of National Capital Territory of Delhi, 1999 SCC OnLine
Del 833 [11-10-1999]
J
Government of National Capital Territory of Delhi HIGH ... motu taken up by the National
Human Rights Commission...
92. Vasant Kunj Enclave Housing Welfare Society v. Union of India, 2005 SCC OnLine Del
280 [03-03-2005]
J 2
the pleadings as well as during the arguments, a reference was ... is no justification for invoking
emergency clauses hence emergency clauses may be withdrawn...
93. Balasaheb v. State of Maharashtra, 2014 SCC OnLine Bom 1167 [14-08-2014]
detained and all of his Constitutional rights were violated ... A.P.P. submitted that during the J 2
pendency of said revision...
94. Mahesh Vijay Bedekar v. State of Maharashtra, 2015 SCC OnLine Bom 560 [13-03-
2015]
J 2
However, as the constitutional validity of Sections 227 and 234 of ... See Noise Pollution, Laws
& Remedies by Justice Bhagabati Prosad Banerjee...
95. Sion Panvel Tollways Pvt. Ltd. v. State of Maharashtra, 2015 SCC OnLine Bom 4786
[08-09-2015]
Sathe, the respondents have constitutional duty to act in public ... party, is to invoke the remedies J 2
provided under ordinary civil law ...under Article 226 of the Constitutional of India and invoking
its...
96. Pragyasingh Chandrapalsingh Thakur v. State of Maharashtra, 2013 SCC OnLine Bom
1354 [11-10-2013]
J 2
National Investigation Agency ... Petitions raise the issue of constitutional validity of the National
Investigation Agency Act, 2008 (Act 34 of...
97. Sandeep Dwellers Pvt. Ltd. v. Union of India, 2006 SCC OnLine Bom 224 [28-02-2006]
R. 369 upheld the constitutional validity of this amendment ... passing necessity or a temporary J 1
emergency beyond the control of the...
98. The Recent Emergency and the Politics of the Judiciary in Bangladesh, (2009) 2 NUJS
L Rev 183 [15-09-2009]
A
the need for judicial activism during Emergency, the paper will question the efficacy of dominant
legal-constitutional theories of the judicial role...
99. Union of India v. Virendra Prasad, 1986 SCC OnLine Cal 220 [17-12-1986]
National Labour Institute Registered Society ...5. National Council of Safety in Mines ... National J 2
Dock Labour Board (1956) 3 AER 939 and...
100. Dr. Mahesh Vijay Bedekar v. State of Maharashtra, 2016 SCC OnLine Bom 8894 [20-
09-2016]
J 2
Corporation has to discharge its constitutional and legal obligations unfailingly ... used in silence
zone or during night time in residential areas except during a public emergency...
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