In this connection reference has been made-to contrast certain other provisions of the Constitution, where, for example the word “amend” has been followed by such words as “by way of addition, variance or repeal” (see Sixth Schedule, paragraph 2-1) and more or less similar expressions in other Articles,of the Constitution. To say that “amendment” in law only means a NRI Lawyers change ‘which results in improvement would make amendments impossible, for what- is improvement nrillegalservices of an existing law is a matter of opinion and what, for example, the legislature may consider an improvement may not be so considered by others.
Its use is justified where allowing the plaintiff’s claim would introduce inconsistency into the NRI Legal fabric of the law, either by permitting the plaintiff to profit from an illegal or wrongful act, or to evade a penalty prescribed by criminal law. The preamble to the Act shows that it was 180 enacted for the purpose of resolving doubts as to the powers NRI of High Courts to punish contempts of courts and to define and limit the powers exercisable by the High Courts and Chief Courts in punishing contempts of court.
235 of the Constitution gives the High Court “the control over District Courts and courts subordinating thereto” by providing for powers like the posting and nrillegalservices promotion, and the grant of leave to persons belonging to the judicial service of a State. It may not be out of place to note that “subordinate courts” have been dealt with in Chapter VI of the Constitution and Art. -, follows :- “(1) Subject to the provisions of this Act, the Court shall have full power to decide all questions whether of title or priority, or of any nature whatsoever, and whether involving matters of law or of fact, which may arise in any case of insolvency coming within the cognizance of the Court, or which the Court may deem it expedient or necessary to decide for the purpose of doing complete justice or making a complete distribution of property in any such case.
The Contempt of Courts Act, 1952 repealed the Act of 1926 and reenacted the provisions thereof in substantially the same language. This sudden enhancement from Rs. 2 of the Contempt of Courts Alit, 1926 made express provision giving the High Courts in India the same jurisdiction, power and authority in accordance with the same practice and procedure in respect of contempt of courts subordinate to them as they had in respect of contempts of themselves.
This is no reason to suppose that when the word. Such control is not judicial control and a court may be subordinate to a High Court for purposes other than judicial control. It is therefore in our opinion impossible to introduce in the concept of amendment as used in Art. 368 any idea of improvement as to details of the Constitution. 834 stood in law and will certainly include any change whether by way of addition or alteration or deletion of any provision in the Constitution.
368 must therefore be given its full meaning as used in law and that . It appears that, in the complaint, the Company had mentioned figures on the basis of which the Company requested the Tribunal to hold that these charges were unreasonable. “there is a need in the law of tort for a principle NRI Legal services which permits judges to deny recovery to a plaintiff on the ground that to do so would undermine the integrity of the justice system.
The word “amendment” used in Art. 18/- per hour for the years 1956-57 to 1958-59 and NRI Legal had, then, suddenly raised the charges to Rs. 28/- per hour without any justification. Section 3 lays down that the District Courts nrillegalservices shall be the courts having jurisdiction under the Act. In respect of the shunting engine charges, the pleading was that the Railway had been charging the Company at a rate of Rs.
Even before ,”tie framing of the Constitution s. (2), the Central Government is empowered, by a like order, to fix the rates of any other charges for the whole or any part of a railway and to prescribe the condition in which such rates of charges are to apply. means that by amendment an existing Constitution or law can be changed and this change can take the form either of addition to the existing provisions, or alteration of existing provisions and their substitution by others or deletion of certain provisions.
368, the intention was to give any meaning less than what we have stated above. On the second question, we find that, in the pleadings taken before the Tribunal,-the Railway did not in so many words specifically raise the issue that, before proceeding to examine the rea- 229 sonableness of the rates demanded by the Railway, the Company should be called upon to show that those rates were unreasonable, though the issues, which were framed both with regard to the siding charges as well as the shunting engine charges, were couched in language enquiring whether the rates demanded by the Railway were unreasonable.
Its use is not justified where the plaintiff’s claim is merely for compensation for personal injuries sustained as a consequence of the negligence of the defendant. “amendment” of the Constitution was being used in Art. Section 4 defines the jurisdiction of the Court and runs a. The power is a limited one. It was urged that the charges now in dispute will not be ,charges -covered by s.