The same as Sunday. A sect of lawyers, whose first chief was Atteius Capito, and the second, Caelius Sabiaus, from whom they derived their name.
The owner of the private mine approached the House of Lords, the House of Lords held that, the sovereign can do anything, if the act of sovereign involves public interest.
Basically this doctrine entitles sovereign to acquire Sixth schedule of the indian constitution land for a public use, provided the public-ness of the usage can be demonstrated beyond doubt. In the present context this doctrine raises the classic debate of powers of State v. Here comes the DIDDevelopment Induced Displacement which means, The forcing of communities even out of their homes, often from their home lands for the purpose of economic development, which is viewed as a Human Right violation in the International level.
Property is taken for public use 2. Compensation is paid for the property taken. The above said are the two limitations imposed on the power of Eminent Domain by the repealed A. Whereas the new A. Every government has an inherent right to take and appropriate the private property belonging to individual citizen for public use.
It is the offspring of political necessity. This right rests upon the above said two maxims. Thus property may be needed and acquired under this power for government office, libraries, slum clearance projects, public schools, parks, hospitals, highways, telephone lines, collegesuniversities, dams, drainages etc.
But this power is subject to restrictions provided in the constitution. There must be a law authorizing the taking of property 2. Property is taken for public use 3.
Compensation should be paid for the property taken. Meaning of Property The word property as used in Article 31 the Supreme Court has said should be given liberal meaning and should be extended to all those well recognized types of interest which have the insignia or characteristic of property right.
The Mahantship of a Hindu Temple,  and shareholders of Interests in the company  are recognizable interest in property. The right to receive pension is property. Thirteen State Acts named in this schedule were put beyond any challenge in courts for contravention of fundamental rights.
These steps were felt necessary to carry out land reforms in accordance with the economic philosophy of the state to distribute the land among the land workers, after taking away such land from the land lords.
By the Fourth Amendment Act,Art 31 relating to right to property was amended in several respects. The purpose of these amendments related to the power of the state o compulsory acquisition and requisitioning of private property. The amount of compensation payable for this purpose was made unjustifiable to overcome the effect of the Supreme Court judgement in the decision of State of West Bengal v.
By the constitution Seventeenth Amendment Act,article 31 A was amended with respect to meaning of expression estate and the Ninth Schedule was amended by including therein certain state enactments.
During this period the Supreme Court was generally of the view that land reforms need to be upheld even if they did strictly clash against the right to property though the Supreme Court was itself skeptical about the way the government went about exercising its administrative power in this regard .
The Supreme Court was insistent that the administrative discretion to appropriate or infringe property rights should be in accordance with law and cannot be by mere fact .
The court however really clashed with the socialist executive during the period of nationalization, when the court admirably stood up for the right to property in however a limited manner against the over reaches of the socialist state . In this juncture the court in this Bank Nationalisation case  has clearly pointed out the following two points: The constitution guarantees the right to compensation which is equivalent in money to the value of the property has been compulsorily acquired.
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This is the basic guarantee. The law must therefore provide compensation and for determining compensation relevant principles must be specified: The constitution guarantees that the expropriate owner must be given the value of his property the reasonable compensation for the loss of the property.
That reasonable compensation must not be illusionary and not reached by the application of an undertaking as a unit after awarding compensation for some items which go to make up the undertaking and omitting important items amounts to adopting an irrelevant principle in the determination of the value of the undertaking and does not furnish compensation to the expropriated owner .
Post The Constitutional Right to Property It was at this period the Supreme Court had gone out of its way to hold against the right to property and the right to accumulate wealth and also held that with regard to Article 39, the distribution of material resources to better serve the common good and the restriction on the concentration of wealth.
During the period of Liberalisation, the Supreme Court has attempted to get back to reinterpret the provisions which give protection to the right to property so as to make the protection real and not illusory and dilute the claim of distribution of wealth.
This means that the acquisition of property is not merely temporal but to be accepted as valid it must conform to spiritual guidelines as well as the Indian conceptions recognize quite clearly that though property can be enjoyed which has not been acquired strictly in terms of the law, it cannot be called real property of the person concerned.
Property therefore is not merely an individual right but a construction and part of social and spiritual order . The basis of conception of property in the societies of India is not a rigid and clear demarcation of claims belonging to an individual but is a sum total of societal and individual claims all of which need not be based on clear individual legal demarcation.
Land reforms, zamindari abolition laws, disputes relating to compensation, several rounds of constitutional amendments, litigations and adjudications ultimately culminated first in the insertion of the word socialist in the Preamble by the 42nd Amendment in and later in the omission of the Right to Property as a FR and its reincarnation as a bare constitutional right in Article A by the 44th Amendment in Today, the times have changed radically.Try out our Premium Member services: Virtual Legal Assistant, Query Alert Service and an ad-free initiativeblog.com for one month and pay only if you like it.
Anti-Corruption: The Global Fight is a new handbook from IIP Publications that outlines the kinds of corruption, their effects, and the ways that people and governments combat corruption through legislative and civil society actions.
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The 13th amendment abolished slavery and the 14th amendment provided that representation would be determined according to the whole number of persons in each state, not by the “three-fifths” of the slaves.
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S. SABBATH. The same as Sunday. (q. v.) SABINIANS. A sect of lawyers, whose first chief was Atteius Capito, and the second, Caelius Sabiaus, from whom they derived their name. The Canadian Constitution Constitutional law is always a fascinating enterprise. Over the years, observers have noted that they work best when the courts interpret them in .