REGENT COMPUTRONICS PVT. LTD.

KIHOTO HOLLOHAN Appellant

V/S

ZACHILLHU Respondents

Referred Judgements :-

SHANKARS PRASAD SINGH DEO VS. UNION OF INDIA [DISTINGUISHED]
STATE OF MADRAS VS. V G ROW:THE UNION OF INDIA AND THE STATE OF TRAVANCORE COCHIN [CONSIDERED]
DURGA SHANKAR MEHTA VS. RAGHURAL SINGH [RELIED ON]
R M D CHAMARBAUGWALLA MIS SHARMA MAGAZINE A FIRM HIND SHABDA RACHANA HARIFAI SHRI CHAMAN LAL KHANNA BANNETT COLEMAN AND COMPANY LIMITED VS. UNION OF INDIA [RELIED ON]
EXPRESS NEWSPAPER PRIVATE LTD VS. UNION OF INDIA [RELIED ON]
COMMISSIONER OF INCOME TAX MYSORE TRAVANCORE COCHIN AND COORG BANGALORE COMMISSIONER OF INCOME TAX BANGALORE VS. INDO MERCANTILE BANK LIMITED PANGAL VITTAL NAYAK AND CO LIMITED [RELIED ON]
HARINAGAR SUGAR MILLS LIMITED VS. SHYAM SUNDER JHUNJHUNWALA [RELIED ON]
MAKHAN SINGH TARSIKKA SHAMSHER SINGH JOSH GURBUX SINGH ATTA DHANPAT RAI NAHAR DALIP SINGH MUTA SINGH DARSHAN SINGH JHABAL CHANAN SINGH DHUT KARNAIL SINGH FIDA SHRIMATI GODAVARI SHAMRAO PARULEKAR SHAMRAO VISHNU PARULEKAR PRALAD KRISHNA KURANE SHRIPAD YESH VS. STATE OF PUNJAB:STATE OF PUNJAB:STATE OF MAHARASHTRAS:STATE OF MAHARASHTRAS:TH [RELIED ON]
COMMISSIONER OF INCOME TAX MADRAI VS. AJAX PRODUCTS LIMITED [RELIED ON]
SAJJAN SINGH HARNAM SINGH PRITHVI SINGH BRIJ MOHAN LAL R KRISHNASWAMY GOUNDER K RAJAGOPAL VS. STATE OF RAJASTHAN STATE OF PUNJAB UNION OF INDIA [DISTINGUISHED]
ASSOCIATED CEMENT COMPANY LIMITED VS. P N SHARMA [RELIED ON]
BRUNDABAN NAYAK VS. ELECTION COMMISSION OF INDIA [RELIED ON]
H H MAHARAJADHIRAJA MADHAV RAO JIVAJI RAO SGINDIA BAHADUR OF GWALIOR H H MAHARAJADHIRAJA MAHARANA SHRI BHAGWAT SINGHJI BAHADUR OF UDAIPUR COL H H BRARBANS SARAMAUR RAJA I RAJAGAN SIR PRATAP SINGH MALVENDRA BAHADUR COL RAJA SURINDER SINGH BAHADUR VS. UNION OF INDIA [REFERRED TO]
UNION OF INDIA VS. JYOTI PRAKASH MITTER [RELIED ON]
HIS HOLINESS KESAVANANDA BHARATI SRIPADAGALVARU SHRI RAGHUNATH RAO GANPAT RAO N H NAWAB MOHAMMAD IFTIKHAR ALI KHAN SHETHIA MINING AND MANUFACTURING CORPORATION LIMITED THE ORIENTAL GOAL GO LIMITED VS. STATE OF KERALA:UNION OF INDIA [RELIED ON]
INDIRA NEHRU GANDHI SHRI RAJ NARAIN VS. RAJ NARAIN INDIRA NEHRU GANDHI [RELIED ON]
STATE OF RAJASTHAN STATE OF MADHYA PRADESH STATE OF PUNJAB VS. UNION OF INDIA [RELIED ON]
MINERVA MILLS LIMITED VS. UNION OF INDIA [RELIED ON]
JYOTI BASU VS. DEBI GHOSAL [RELIED ON]
UNION OF INDIA UNION OF INDIA BISWAROOP CHATTERJEE ACHINTA KUMAR BISWAS NABENDU BOSE LAXMI NARAYAN VS. TULSIRAM PATEL:SADANAND JHA:G P KOUSHAL:UNION OF INDIA:STATE OF MADHYA PRADESH [RELIED ON]
P SAMBAMURTHY VS. STATE OF ANDHRA PRADESH [RELIED ON]

JUDGEMENT

(1.) . In these petitions the constitutional validity of the Tenth Schedule of the Constitution introduced by the Constitution (Fifty-second Amend- ment) Act, 1985, is assailed. These two cases were amongst a batch of writ petitions, transfer petitions, civil appeals, special leave petitions and other similar and connected matters raising common questions which 668 were all heard together. On 12/11/1991 we made an order pronouncing our findings and conclusions upholding the constitutional validity of the amendment and of the provisions of the Tenth Schedule, except for Paragraph 7 which was declared invalid for want of ratification in terms of and as required by the proviso to Article 368(2) of the Constitution. In the order dated 12/11/1991 our conclusions were set out and we indicated that the reasons for the conclusions would follow later. The reasons for the conclusions are now set out.

(2.) . This order is made in Transfer Petition No. 40 of 1991 and in Writ Petition No. 17 of 1991. We have not gone into the factual controversies raised in the writ petition before the Gauhati High court in Rule No. 2421 of 1990 from which Transfer Petition No. 40 of 1991 arises. Indeed, in the order of 12/11/1991 itself the said writ petition was remitted to the High court for its disposal in accordance with law.

(3.) . On 8/12/1967, the Lok Sabha had passed an unanimous Resolution in terms following:

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KIHOTO HOLLOHAN Vs. ZACHILLHU

Referred Judgements :-

JUDGEMENT

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