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Krishnamoorthy Vs. Sivakumar and ors.

Court : Chennai

Subject : Election

Acts : Representation of the People Act - Sections 8(3), 33, 33A, 33B, 36, 36(2), 100, 100(1), 123(2), 125A and 260(2); Tamil Nadu Panchayats Act, 1994 - Sections 251 and 259(1); Conduct of Election Rules, 1961 - Rule 4A; General Clauses Act, 1897 - Sections 3(3) and 3(37); Oaths Act, 1969 - Sections 8; Contract Act, 1872 - Sections 14 and 16; Indian Penal Code (IPC) - Sections 120B, 406, 408 and 477A; Representation of the People (Third Amendment) Act, 2002; Conduct of Elections (Amendment) Rules, 2002; Constitution of India - Articles 19(1), 32, 141, 142, 227, 243K, 243ZA, 324 and 324(1)

Reported in : (2009)5MLJ1255

information and/or gave false information cannot claim a right to continue in service. 50. Section 8 of The Oaths Act, 1969, makes it obligatory for a person swearing to an affidavit, to state the truth. It reads as follows:8. … to furnish full and complete information, in regard to five matters referred to in paragraph 5 of the preamble to the Notification, at the time of filing his nomination paper. The information should be furnished in the … of Thekkampatti Panchayat, Mettupalayam Taluk, Coimbatore District, in the elections held on 13.10.2006. Challenging his election on the sole ground that he filed a false

P.V. Mohammad Baramy Sons Vs. Union of India and ors.

Court : Delhi

Subject : Customs

Acts : Import & Export (Control) Act, 1947 - Sections (1); Export Control Order, 1977

Reported in : ILR1979Delhi686

the legality and constitutionality of sub-sections (1) and (3) of Section 3 of the Imports and Exports (Control) Act, 1947, Clause 3(1) of the Exports (Control) Order, 1977 and Clause (3) of the Exports (Control) Twenty-Seventh Amendment … exports and the legislative policy appears to be, as contained in the preamble of the Act, that it was expedient to prohibit, restrict or otherwise … figures available of production of teak in various States in India are available only up to the year 1969-70. Copy of this letter has been filed as Annexure Iv to the petition (C.W. 1283 of 1978). The

Krishnamoorthy Vs. Sivakumar and Ors.

Court : Supreme Court of India

Subject : Right to Information

per Section 3(3) of the General Clauses Act, 1897, the conceptual meaning of Oath, Section 8 of The Oaths Act, 1969 and scanned the anatomy of Sections 259 and 260 of the 1994 Act and the principles that have … to furnish full and complete information in regard to five categories referred to in paragraph five of the preamble to the Notification, at the time of filing his nomination paper. One of the mandatory requirements of the … influence" in the context of Section 260 of Tamil Nadu Panchayats Act, 1994 (for short 'the 1994 Act') which has adopted the similar expression as

Peniel Cashew Company vs Ahcom Sarl

Court : Kerala

DineshChaudhary [AIR 2003 SC 4355], Peirce Leslie and Co. Ltd. v. I.Miss Violet Ouchterlony Wapshare and others [AIR 1969 SC 843], Chatterjee Petrochem Co. & Anr v. Haldia Petrochemicals Ltd and others [(2014) 14 SCC574], Mahanagar Telephone … a foreign award was required to take recourse to these enactments. The preamble of the Act makes it abundantly clear that it aims at consolidating … award before the District Court, Kollam, by filing O.P No.1/2013 under Section 34 of the Arbitration and Conciliation Act, 1996 (in short, ‘Act’). The respondent questioned the maintainability of the original petition. The District Court rejected the

Dr Ashok V Vs. The State By

Court : Karnataka

Subject : Right to Information

accompanied by an affidavit of the complainant, not a verifying affidavit, but an affidavit as obtaining under the Oaths Act, 1969. It is only then the learned Sessions Judge can entertain a private complaint against public servants.16. In the … 1 IN THE HIGH COURT OF KARNATAKA AT BENGALURU R DATED THIS THE04H … the 17 complaint so registered by the complainant, insofar it is germane is required to be noticed. The preamble/title reads as follows: “Complaint under Section 200 read with Section 156(3) of the Code of Criminal Procedure under

State of Assam and ors. Vs. Chhotabhai Jethabhai Patel Tobacco Product ...

Court : Guwahati

Subject : Sales Tax/VAT

is compensatory or not, though cannot be made to depend on the preamble of the statute imposing it, the working test for deciding the same … for consumption, use or sale therein, which came into force on October 1, 2001, on publication of a notification dated September 28, 2001 in the … on obtaining previous Presidential sanction under proviso to Article 304(b) of the Constitution, enacted the Assam Entry Tax Act, 2001 (Assam Act 4 of 2001)(in short, 'the principal Act') with a view to levy tax on entry … apex court in Vidyacharan Shukla v. Khubchand Baghel : [1964]6SCR129 Ishwar Singh Bindra v. State of U.P. : 1969CriLJ19 and Joint Director of Mines Safety v. Tandur and Nayandgi Stone Quarries (P.) Ltd. : [1987]2SCR800 . The

Lakshmimoni Das and ors. Vs. State of West Bengal and ors.

Court : Kolkata

Subject : Tenancy

Acts : Calcutta Thika Tenancy (Acquisition and Regulation) Act, 1981 - Sections 5, 6(2), 8(2), 8(3), 19 and 27; ;Calcutta Thika Tenancy Act, 1949; ;Constitution of India - Articles 14, 25, 26, 31C and 39; ;Calcutta Thika Tenancy (Acquisition and Regulation) Rules, 1982 - Rules 3, 5 and 5(1)

Reported in : AIR1987Cal326,(1987)1CALLT371(HC),92CWN72

by an Ordinance with a view to giving relief to such persons.'14. The Calcutta Thika Tenancy (Second Amendment) Act 1969 made certain further amendments in the 1949 Act. Section 2 of 1969 Amendment Act inserted definition of pucca … which I have already indicated as including not only other enacting provisions of the same Statute, but its preamble, the existing state of the law, other statutes in pari materia, and the mischief which I can, by … G.N. Ray, J.1. This Rule namely C.R. No. 11382(W) of 1982 has been heard analogously with other Civil Rules because common

S.S. Bola and Others Vs. B.D. Sardana and Others

Court : Supreme Court of India

Subject : Constitution

Acts : Constitution of India - Article 309, 3; Punjab Service of Engineers, Class I, PWD (Buildings and Roads Branch), (Public Health Branch) Rules, 1960 - Rule 3(2);

Reported in : AIR1997SC3127; JT1997(6)SC637; 1997(5)SCALE90; (1997)8SCC522; [1997]Supp2SCR507

the Statement of Objects and Reasons to enact the law, is impermissible. Preamble is the key to open the mind of the maker of the … K. RAMASWAMY, J. (dissenting) 1. Application/s for impleadment allowed. 2. These appeals and … Dr K.M. Munshi, the doyen of the Bar and prominent member of the Constitution, as per the solemn oath taken, to uphold the Constitution, to dispense justice according to Constitution and the law without fear or favour, … facts interwoven with diverse principles in service jurisprudence, compounded by legislative intervention impinging upon judicial review by enacting Act 20 of 1995 to regulate the conditions of service of persons appointed to the Haryana Service of Engineers, … with the result that the rights which accrued to the petitioner in 1969-70 and 1971 had been taken away. Considering the question in para 15,

Tata Motors Limited and anr. Vs. the State of West Bengal and ors.

Court : Kolkata

Subject : Property

Acts : Singur Land Rehabilitation & Development Act, 2011 - Sections 8, 9 ; Land Acquisition Act, 1894 - Sections 4, 23, 3(a), 7, 24, 17, 50(2), 11A; Impugned Act - Sections 5(2), 3, 4(3); Singur Act. - Section 5(2); Bangalore Development Authority Act, 1976 (BDA Act) - Section 36; Constitution Of India - Article 254, 254(1)

(1970) 1 SC 248 where the Supreme Court held that the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1969 relates to Entry 45 List I and Entry 42 of List III.In the Case of Rajiv Sarin Vs. … legislature has to be gathered mainly from the Statement of Objects and Reasons of the Act and its Preamble. The matter has to be examined with reference to the various provisions of the Act, its context and

Tata Motors Limited and Others Vs. the State of West Bengal and Others

Court : Kolkata

Subject : Land Acquisition

(1970) 1 SC 248 where the Supreme Court held that the Banking Companies (Acquisition and Transfer of Undertakings) Act, 1969 relates to Entry 45 List I and Entry 42 of List III. 54. In the Case of Rajiv … legislature has to be gathered mainly from the Statement of Objects and Reasons of the Act and its Preamble. The matter has to be examined with reference to the various provisions of the Act, its context and