...personal liberty in Article 21 because in the absence of Article 33 the procedure prescribed for trial by the general court martial under the Act would have been violative of Article 21. Approach, it was...) of the Act and Chapters II and III of the Rules.13. At this stage it would be profitable to refer to Article 33 of the Constitution which reads as under...available in view of the provision contained in Article 33. The contention is that in order to satisfy the requirement of Article 33, Parliament must enact a specific law specifying therein the...

...Debangsu Basak, J.:— The petitioner seeks a declaration that a deed of gift executed by him in favour of his grandmother is governed by Article 33(i) of Schedule IA of...the Indian Stamp Act, 1899 as applicable to the State of West Bengal (Act of 1899).2. The learned advocate for the petitioner relies upon Article 33(i) of Schedule IA of the Act...grandmother is to be guided under Article 33(i). He submits that, the petitioner has paid the stamp duty in respect of such deed. The authorities, however, have demanded a higher stamp duty ignoring...

...Bhagwati, J.— These writ petitions raise a short but interesting question of law relating to the interpretation of Article 33 of the Constitution. The question is whether...Section 21 of the Army Act, 1950 read with Chapter IV of the Army Rules, 1954 is within the scope and ambit of Article 33 and if it is, whether Central Government Notifications SRO 329 and 330 dated...fundamental rights was not protected by Article 33, because the members of GREF were hot members of the Armed Forces or the Forces charged with the maintenance of public order” within the meaning of that...

...forces” covered by Article 33 of the Constitution. The points sought to be made out are, that the members of the appellants' unions are not subject to the Army Act as they do not fall under any of the...the Constitution.9. For reasons that follow, the contentions must be repelled.10. Article 33 of the Constitution provides an exception to the...preceding articles in Part III including Article 19(1)(c). By Article 33, Parliament is empowered to enact law determining to what extent any of the rights conferred by Part III shall, in their application...

...petitioners guaranteed under Articles 14 and 19 of the Constitution.2. During the pendency of the writ petition, Article 33 of the Constitution has been amended by the Constitution...(Fiftieth Amendment) Act, 1984 which received the assent of the President of India on 11-9-1984. As a result of the said amendment Article 33 has been substituted by the following provision...maintenance of discipline among them.”3. Under the unamended Article 33 the rights conferred by Part III could be restricted or abrogated by a law made by Parliament in...

...the Union who are civilian employees of the Army Medical Corps are not subject to the Army Act and the rules made thereunder and Article 33 of the Constitution has no application to them. It is not...:“Article 33 of the Constitution provides an exception to the preceding articles in Part III including Article 19(1)(c). By Article 33, Parliament is empowered to enact...as it restricts or abrogates any of the fundamental rights of the members of the Armed Forces, Parliament derives its competence from Article 33 of the Constitution. Section 2(1) of the Act enumerates...

...:“… the fundamental rights guaranteed by Article 19 can be claimed by Government servants. Article 33 which confers power on the Parliament to modify the rights in their application to the Armed Forces...arising from Article 33 would run counter to this line of argument but as regards this Article his submission was that it was concerned solely to save Army Regulations which permitted detention in a manner...argument even if otherwise possible, has to be repelled in view of the terms of Article 33. That Article select two of the Services under the State members of the armed forces charged with the maintenance...

.... Santanu Das, learned advocate appearing on behalf of the writ petitioner submits that Article 33 in schedule 1A of the Indian Stamp Act, 1899 in its application to West Bengal.... State Of West Bengal & Ors.…) which was rendered on consideration of Article 33 wherein the explanation read as follows:“Explanation - For the purpose of this Article, member of a..., 1999. The explanation to the said Article was amended thereafter with effect from 1st April, 1999. The explanation as amended now reads as follows:“33.(i...

...Act and Article 33 of the Constitution, questions relating to constitution, recruitment, posts, categories, cadres and criteria for the grant of PCs constitute policy decisions and lie...exclusively in the domain of executive functions; (ii) The provisions of the 1950 Act, insofar as they infringe or affect fundamental rights, are protected by Article 33; (iii... 44. Article 33 of the Constitution empowers Parliament to determine by law the extent to which the rights conferred by Part III of the Constitution shall be...

...the gift-deed in question for the purposes of levy of stamp duty.6. A Gift-deed is chargeable to stamp duty under under Article 33 of Schedule 1-B of the Act, which is reproduced as...prescribed/notified under the Act/Rules.10. Thus, there is a clear departure in the language used in Article 33 of the Schedule I-B of the Act and section 47-A of the Act. Section 47-A of the...Act uses the expression in “market value” whereas for levying stamp duty on a gift-deed Article 33 of Schedule 1-B of the Act uses the expression “value of the property”.11. The...

...the award. Only if a party has made a request for correction or interpretation of the award under Article 33 does the time-limit of three months begin after the tribunal has disposed of the request...consequence of Article 33.’According to this “unbreakability” of time-limit and true to the “certainty and expediency” of the arbitral awards, any grounds...habeas corpus, certiorari, mandamus, quo warranto and prohibition under Article 226 of the Constitution is a basic feature of the Constitution and cannot be curtailed by parliamentary legislation...

...the provisions of Article 33 of the Constitution of India and the relevant notification issued by the Government of India under Sections 4(1) and 4(4) of the Army Act, 1950 under SRO 329 dated 23-9...observed, this Court referred to the question whether the members of GREF could be considered to be the members of the “armed forces” within the meaning of Article 33 of the Constitution of India. This...became necessary in that case because the question was whether the fundamental rights of the GREF officers stood restricted as in the case of the three principal forces. If Article 33 applied, the State...

...The Court: The only question which arose in this application is that whether the family as mentioned in Article 33(f) of the West Bengal Amendment Act IV of 1998...of the Gift. The amended Article 33 of West Bengal Act IV of 1998 read as follows:—“33. Gift-Instrument of, not being a settlement (No. 58) or will or...submitted that the explanation in Article 33 does not give an exhaustive definition of the phrase “family member”. He further submitted that the explanation given under the said article does not include the...

...Article 33 of the Constitution of India which regulates conduct and discipline of the constructional agency...for the purpose of Article 33 of the Constitution and that petitioner does not come within the definition of ex-servicemen and there is no violation of fundamental rights...under Article 33 of the Constitution of India and apart from the Central Civil Service...

...ensure proper discharge of their duties and maintenance of discipline among them by any Act passed by the Parliament pursuant to Article 33 of the Constitution. Therefore, by...virtue of Article 33 of the Constitution the rights of those who are charged with the maintenance of public order can be abrogated or restricted by any Act passed by...maintenance of discipline among them. He, therefore, submitted that the provisions of the Act and the rules framed thereunder were not protected by Article 33 of the Constitution. Whether...

...respondent guaranteed under Article 21 of the Constitution of India, was recorded by the High Court in ignorance of the provisions of Article 33 of the Constitution of India which expressly empowers...provisions of the Act, as a law made by Parliament under Article 33 of the Constitution of India modifying and restricting the right conferred by Article 21 of the Constitution of India. In a court martial...Court neither noticed the provisions of Article 33 of the Constitution of India nor does it appear to have been brought to its notice. Article 33 of the Constitution of India expressly empowers Parliament...

...“gift” under Article 33 of Schedule I to the Stamp Act. Mody, J., opined that there is no basis to hold that the agreements entered into between Uttamchand and the various persons to whom the flats...in the first place, it does not purport to be a gift; secondly, the valuation of “gifts” under Article 33 of the First Schedule has to be made on the same basis as the valuation of a “conveyance...” under Article 23 of that Schedule. Article 33 specifically says that the duty payable on a gift deed will be “same as a conveyance for a consideration equal to the value of the property as set forth in...

...sum of Rs. 90,322/- under Schedule IA, Article 33 (i) of the Indian Stamp Act, 1899. However, when they went to submit the deed to the Registrar Office for execution on.... One has to simply examine whether the present transfer is being made to a member of a family as defined in the explanation of Article 33 of Schedule IA of the Stamp Act...assignment. Article 33(i) clearly states that when a gift is made to a member of a family the rate of stamp duty would be one half of one per centum to the market value of the property which is the subject...