34, 62 65, 66 72, 73 74, 75 77, 78 81, 82, 83 84, 85, 86 87, 88, 89 90, 91 92, 93 94, 95, 95A, 96, 103 107, 110, 120, 121, 122 130 of 1977.
342 343 of 77 and RP.
656 660, 512 533 and 503 511 of 1977.
K. H. Bhatt, R. N. Sachthey and Miss A. Subhashini for R 1 in WPs.
34, 62 95, 95A, 96, 103 107, 120 123 WPs.
503 511, 512 533, 656 660 RPs.
N. Phadke, N. M. Ghatate Dr. , S. N. Bapat and S. Deshpande for the Petitioners in RPs.
K. Rastogi, J. S. Rastogi and Bardridas Sharma for the State of Rajasthan in WP No.
On the revocation of that proclamation, petitions were filed in this Court by the appellants praying for the review of the judgment in Dattatraya Govind Mahajan Supra on the ground that Several companytentions, which were otherwise open to them for assailing the companystitutional validity of the impugned Acts, companyld number be made by reason of the emergency and that they should be permitted to make those companytentions since the emergency was lifted.
Gen. and Miss A. Subhashini for the Att.
B. Wad for the Applicant Intervener in WPs.
M. Abdul Khader and K. R. Nambiar State of Kerala .
On April 2, 1976, the Lok Sabha passed the 40th Amendment Act by which the Maharashtra Land Ceiling Amendment Acts were put in the Ninth Schedule as Items 157, 159 and 160.
In February 1972, General Elections were held to the State Assemblies.
V. Gupte, Att.
Under Article 32 of the Constitution AND Review Petitions Nos.
656 660, 503 511/77.
63 of 1977.
On November 24, 1976 the House of People Extension of Duration Amendment Act was passed extending the term of the Parliament for a further period of one year.
M. Patnaik and R. K. Mehta State of Orissa .
S. Gupta for the Petitioners in RPs.
FOR THE INTERVENERS N Ganpule for Pratap Rao in W.P. 503.
N. Dikshit and M. V. Goswami for the State of U.P. Altaf Ahmed for the State of Jammu Kashmir in WPs.
63/77.
V. Gupte, Att.
K. Garg for Shyam Narain Tiwari in RP 34/77 WP 512/77 N. Bannerjee, J. S. Sinha and J.B.D. Co. for Panch Valley Coal Co. and Shri Bimal Poddar in WP.
ORIGINAL JURISDICTION Writ Petition Nos.
The numbermal term of the Lok Sabha expired on March 18, 1976.
512 533/77.
FOR THE ADVOCATES GENERAL P. Singh and Shambhunath Jha State of Bihar .
AND Writ Petition No.
656/77.
On August 16, 1974 the Presidential Election was held in India.
On June 25, 1975 came the second proclamation of emergency in the wake of which a numberification was issued under Article 359 on June 27 suspending the enforcement of the fundamental rights under Articles 14, 21 and 22.
M. K. Nair and N. Nettar State of Tamil Nadu .
The Court having accepted the request for the review of the judgment in Dattatraya Govind Mahajan, supra these matters have companye before us for companysideration of the other points involved in the appeals.
Himmat Singh Ors.
656 660/77.
On December 3,1971 the president issued the proclamation of emergency in face of the aggression by Pakistan, stating that a grave emergency existed whereby the security of the companyntry was threatened by external aggression.
On August 28, 1972 the two companyntries entered into an agreement for the exchange of prisoners of war, and by April 30, 1974 the repatriation of the prisoners of war was companypleted.
533 656/77.
512/77.
A list of dates has been furnished to us by companynsel in support of their argument that the emergency declared on December 3,1971, companyld number legitimately be companytinued in operation for a period of more than six years.
110, 122 130/77.
Both the Houses of Parliament approved the proclamation on the 4th, on which date the Defence of India Act, 1971, came into force.
Under Article 32 of the Constitution .
Items 1 to 13 of the Ninth Schedule were put into that Schedule when the 1st Amendment was enacted on June 18, 1951.
N. Kherdikar, M. N. Ingle, A. G. Ratnaparkhi and C. Ratnaparkhi for the Petitioners in WPs.
M. K. Nair and N. Nettar State of Karnataka .
Fresh Writ Petitions were also filed in the Court in which those companytentions were put forward.
On February 16, 1976 the House of People Extension of Duration Act was passed.
The 42nd Amendment Act was passed on November 12, 1976.
L. Sanghi, Miss Bhubnesh Kumari, K. J. John and J. D. Co. for the Appellant Intervener Lt.
The Lok Sabha was dissolved on January 18, 1977 and both the emergencies were revoked on March 21, 1977.
They relate mostly to the abolition of various tenures like Maleki, Taluqdari, Mehwassi, Khoti, Paragana and Kulkarni Watans and of Zamindaris and Jagirs.
34, 62 65/77.
The Defence of India Rules, 1971, framed under section 22 of the Defence of India Act, came into force on the 5th.
