CiteTEXT
...“all or any of the principles laid down in Part IV” for the words “the principles specified in clause (b) or (c) of Article 39” was struck down by this Court in Minerva Mills case (....10. We have some misgivings about the Minerva Mills (1980) 3 SCC 625, ..., therefore, directly arose for consideration. The question was, however, not decided in the Minerva Mills case (1980) 3 SCC...
...Minerva Mills case (1980) 3 SCC 625, (1981) 1 SCR 206 and it was held that nationalisation of coal industries does not...Amendment Act, did not violate Articles 14, 19 and 31. In Minerva Mills Ltd. v. Union of India (1986) 4 SCC 2..., that decided first Minerva Mills case (1980) 3 SCC 625, (1981) 1 SCR 206 prior to Constitution 44th Amendment Act, 1978...
...Minerva Mills Ltd. v. Union of India (5 Judges) as well as Bhim Singhji v. Union of India (5 Judges). It...accepted in Minerva Mills case as well as Bhim Singhji case. This test has also been applied in Attorney General for India v. Amratlal...interaction between Articles 31-A and 31-B and this is contrary to the approach of Bhagwati, J. in Minerva Mills.26. It is submitted that the second assumption is equally fallacious in law since it ign...
...promise of unreality. That is why I observed in my judgment in Minerva Mills Ltd. case (1980) 3 SCC 625...structure of the Constitution.”It is undoubtedly true that my judgment in Minerva Mills Ltd. case (1980...rectification. Thus exclusion of the jurisdiction of the High Court does not totally bar judicial review. This Court in Minerva Mills case (1980...
...will be necessary to refer to the earlier decision of the Supreme Court in Minerva Mills Ltd., Bangalore v. Workers of the Minerva Mills, ...1953 SC 505. In the Minerva Mills case, AIR...above, their Lordships of the Supreme Court observed that in the Minerva Mills case, AIR 1953 SC 505 the question about the implied power of...
...Supp SCC 1, Minerva Mills Ltd. v. Union of India (1980) 3 SCC 625, Kihoto Hollohan v. Zachi..., be noted that the majority in Minerva Mills (1980) 3 SCC 625 did not hold that the concept of judicial review was, by itself, part of the basic structure of the Constitution. The judgment of Chandrachud, C.J in the ...originally enacted, excluded judicial review in several important matters.69. In his minority judgment in Minerva Mills case (1980) 3 SCC 625, Bhagwati, J. held as...
..., 1970 is the resultant effect of such a constitutional mandate having its due focus in that perspective. This Court in Minerva Mills case (...case (D.S Nakara v. Union of India) (1983) 1 SCC 305, AIR 1983 SC 130...with these matters the High Court did place strong reliance on the observation of this Court in the case of Hussainbhai v. Alath Factory...
...and referred to the opinion given by Sikri, C.J and Shelat and Grover, JJ., Hegde and Mukherjea, JJ., Jaganmohan Reddy, J. and Khanna, J. and opined thus: (Minerva Mills Ltd. case (...Chief Justice proceeded to state thus: (Minerva Mills Ltd. case (1980) 3 SCC...’.”60. In B.R Kapur (2001) 7 SCC 231, the Constitution Bench, after referring to the decision in Kesavananda Bharati (1973) 4 SCC 225, reproduced para 16 from Minerva Mills case ...
...Court like Minerva Mills' case. National security assumes far more importance than the right of information, bestowed on a citizen. Therefore, this Court did not find it necessary to open hearing of...Article 14 of the Constitution of India. Nonetheless, the ratio has to be applied to the particular case keeping in view the facts and circumstances of that ...
...this connection submitted, and was heartily joined by Shri Paranjpe, that the decision of the Supreme Court in the case of Minerva Mills Ltd. v. Union of India...invalid.13. Shri Gumaste submitted that the decision of the Supreme Court in Minerva Mills' case (AIR 1980 SC 1789) (supra) is no good law for two reasons. First, the judgment in Minerva...is futile to claim that the decision in Minerva Mills' case should be ignored as obiter. The second contention that Minerva Mills' case is no longer a good law in view of the later decision of the...
.... 663, para 77) and pages 17 to 96 (corresponding to printed pages in SCC from p. 667, para 80 to p. 699, para 102) of the judgment in Minerva Mills case (1980) 3 SCC 625 set out the...-A, 31-B and 31-C are wider than necessary and I do not go that far despite the decision in Minerva Mills case (1980) 3 SCC 625. I also wish to add a rider regarding the broader observations on the...the principle of equality which is a basic feature of the Constitution (pp. 663-65). More recently, in Minerva Mills (1980) 3 SCC 625 clauses (4) and (5) of Article 368 itself were held...
...a Constitution Bench of the Supreme Court in Minerva Mills case [1980 (3) S.C.C 625], where the constitutional validity of the Sick...held in Minerva Mills case (vide supra), as invalid based on the ratio of the majority decision in Kesavananda Bharati [(1973) 4 S.C.C 225] (vide supra). An application for review of the judgment in...Minerva Mills case (vide supra), is stated to be still pending before the Supreme Court. The validity of the unamended Art. 31C of the Constitution was again challenged in Woman Rao v. Union of...
...set out in this judgment my reasons for subscribing to this Order.77-A. So far as Minerva Mills case is concerned, the challenge of the petitioners was directed primarily...with the decision of the questions in Minerva Mills case and therefore, logically as also from the point of view of aesthetics and practical pragmatics, there should be one opinion dealing with the...questions in both the cases. But, the Minerva Mills case was heard by a Bench of five Judges different from the Bench which heard Wamanrao case. Wamanrao case was heard by a Bench consisting of the...
...governance of the country. (supra at pp. 751-52). This approach was specifically adopted by Bhagwati, J. in Minerva Mills case (...Khanna, J. in Kesavananda Bharati case (1973) 4 SCC 225; Chandrachud, C.J and Bhagwati, J. in Minerva Mills...AIR 1964 SC 1419, Titaghur Paper Mills case (1983) 2 SCC 433...
...Chief Justice remarked: (Minerva Mills case (1980) 3 SCC 625)“74. Three articles of our Constitution, and only three, stand between the..., Minerva Mills Ltd. v. Union of India (1980) 3 SCC 625, Fertilizer Corpn. Kamgar Union v. Union of India....”62. In Minerva Mills (1980) 3 SCC 625 Y.V Chandrachud, C.J, speaking for the majority observed that:“61. Articles 14 and 19 do not confer any...
...Second Amendment) Act, 1976 was not sustained in Minerva Mills case (2) supra as it was pointed out therein that the main controversy in that case centered round the question whether the...: AIR 1983 Supreme Court 239 the Constitution Bench held that the observation in Minerva Mills case (2) supra is obiter, therefore a legislation by the State which gives effect to directive...Article 39.14. In Minerva Mills case (2) supra, by majority Section 4 of the Constitution (Forty-Second Amendment) Act, 1976 was held to be void as...
...connection, the said decision in the Minerva Mills Ltd. Bangalore v. Workers of the Minerva Mills, AIR 1953 SC 505 was relied upon. I...that the fresh tribunal was constituted in accordance with law. In this case of Minerva Mills Ltd., AIR 1953 SC 505 the question of pending reference or abolit...tribunal had come to a natural death by effluxion of time. Hence, the Minerva Mills case, AIR...
...referring to the decision of the Supreme Court in the case of Minerva Mills Ltd. v. Union of India...principles specified in Part IV of the Constitution. In this connection the Supreme Court referred to its earlier decision in Minerva Mills case ((1980...to why it considered that the court should not have, in Minerva Mills case, gone into the question with regard to the validity of the changes introduced in Article 31-C of the...
...abridges the principles under Art. 19(1)(g), it cannot be said that it violates the basic structure of the Constitution — Per Bhandari, J., following Minerva Mills case, (...applying the Effect Test (Impact/Rights Tests). As held in Minerva Mills case, (1980) 3 SCC 625, para 59 a total deprivation of...vis-à-vis partial deprivation in every area — Reiterated per Bhandari, J., following Minerva Mills case, (1980) 3 SCC 625, the former...
...Kailasam, JJ. on the subject in hand, was to the following effect: (Minerva Mills Ltd. case (...the following observations of P.N Bhagwati, J.: (Minerva Mills Ltd. case (...law would become a teasing illusion and a promise of unreality. That is why I observed in my judgment in Minerva Mills Ltd. case (...