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Jun 24 2008

Sri Kannikaparameshwari Co-operative Bank Ltd. Vs. State of Karnataka ...

Court : Karnataka

Decided on : Jun-24-2008

Subject : Civil

Acts : Karnataka Official Language Act, 1963 - Sections 2, 3, 4, 5(2) and 5A; Karnataka Co-operative Societies Act, 1959; Right to Information Act (RTI), 2005; Karnataka Souharda Sahakari Act, 1997; State Official Languages Act, 1961

Reported in : ILR2008KAR3235; 2008(4)KCCR2726

of the State Re-organization on the basis of language and nearly 45 years after the passing of State Official Languages Act, 1961, the State still relies on English language for issuing simple Notifications. It only shows the lack of … public authorities. Therefore, the intention is not properly expressed. It is a defective drafting.8. The Karnataka Official Language Act, 1963 was enacted to provide for the adoption of Kannada as the language to be used for the official … may be specified in the Notification. Kannada language is to be used in the Legislature. Sub-section (2) of Section 5 provides that Kannada language may be used in any Bill to be introduced or in amendments thereto be

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Oct 19 2006

Prabhat Kumar Sharma Vs. U.P.S.C. and ors.

Court : Supreme Court of India

Decided on : Oct-19-2006

Subject : Constitution

Acts : Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1956; Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976; Official Languages Act, 1963 - Sections 3, 5 and 6; Constitution of India - Articles 32, 341, 342, 346, 347, 348(1), 348(3), 366(24) and 366(25)

Reported in : 2007(1)AWC98(SC); [2007(2)JCR27(SC)]; 2006(10)SCALE472; (2006)10SCC587

Nityanand's case.14. Learned senior counsel appearing for the appellant contends that after the coming into force of the Official Languages Act, 1963 the Hindi version was the authoritative text and in the case of ambiguity between Hindi and English versions, … 3 thereof provides for continuance of English language for official purposes of Union and for use in Parliament. Section 5 provides for a Hindi translation of all Central Acts and Ordinances promulgated by the President or if any

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Jul 05 1999

Prabhat Kumar Sharma Vs. Union Public Service Commission and ors.

Court : Patna

Decided on : Jul-05-1999

Subject : Constitution

in this writ petition and the contention made by the learned Counsel. This writ application is, therefore, dismissed. Official Languages Act, 1963 Section 5 - Constitution of India, Article 141--Prayer for issuance of Mandamus--'LOHAR' cast was contemplated as Scheduled Tribe in the

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May 18 1993

Dr. Rajendra Prasad Agarwal Vs. Union of India and Another

Court : Allahabad

Decided on : May-18-1993

Subject : Constitution

Acts : Unlawful Actitivies (Prevention) Act, 1967 - Sections 3, 3(1) and (2), 5, 6, 6(2) and 7; Constitution of India - Articles 14, 19, 19(1), 21, 226, 311(2) and 356; Societies Registration Act, 1860; Tibbia College Act, 1952; General Clauses Act, 1897 - Sections 21; Evidence Act - Sections 23 and 124; Indian Penal Code (IPC), 1860 - Sections 153A and 153B; Employees' Provident Fund and Miscellaneous Provision Act - Sections 14B; Income-tax Act - Sections 127(1); Mineral Concession Rules, 1960 - Rule 55; Official Languages Act, 1963 - Sections 5

Reported in : AIR1993All258

to be authoritative text thereof in Hindi under clause (a) ofsub-section (1) of Section 5 of the OfficialLanguages Act, 1963 (Act No. XIX of 1963),the Hindi text of the proviso is as extrattedbelow :--^^ijUrq ;fn dsfUnz; ljdkj dh … made under S. 4 of the said Act, have effect from the date of its publication in the official gazette.No. 11/14034/2(iv)/92-15(DVJ) T. N. Srivastava, Jt. Secretary 2. The application for interim relief, which is for consideration contains … Government to declare the association as unlawful with immediate effect,' though the language regarding formation of opinion, as used, under the two provisions is the

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Aug 05 2008

Surendra Sharma Alias Surendra Prasad Sharma Vs. Stephen Marandi

Court : Jharkhand

Decided on : Aug-05-2008

Subject : Election

Acts : Code of Civil Procedure (CPC) - Order 7, Rule 11; Representation of Peoples Act, 1951 - Sections 82, 83 and 86(1); Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976; Constitution of India - Articles 14, 15, 16, 32, 341, 342, 342(1), 346, 347, 348, 348(1), 348(3) and 366(25); State Re-Origination Act, 2000; Official Languages Act, 1963 - Sections 3 and 5; Constitution (Scheduled Tribes) Orders, 1950

Reported in : 2008(57)BLJR117; [2008(4)JCR260(Jhr)]

second Schedule.From the conjoint reading of Article 348 of he Constitution and Sections 3 and 5 of the Official Languages Act, 1963, English continues to remain the authoritative text in respect of the Acts of Parliament.Accordingly, their Lordships rejected the … the present petition was liable to be dismissed under Order 7 Rule 11 of C.P.C. as well as Section 86(1) of the Representation of Peoples Act, 1951 (hereinafter referred to as 'the Act'). Further the present petition

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Feb 21 1992

Birendra Kumar Rai Vs. Union of India (Uoi) and ors.

Court : Allahabad

Decided on : Feb-21-1992

Subject : Narcotics

Acts : Narcotic Drugs and Psychotropic Substances Act, 1988 - Sections 2, 3, 3(1), 3(2), 3(3), 4, 5, 5(2), 6, 7, 8(1), 9, 10, 10(1), 11, 11(1), 12, 13 and 41(2); Arms Act - Sections 4, 25 and 26; Motor Vehicles Act - Sections 207; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 8, 21, 23, 27A, 28, 29, 67 and 37; General Clauses Act - Sections 21; Official Languages Act, 1963 - Sections 3(1) and 3(3); Code of Criminal Procedure (CrPC) , 1973 - Sections 9(6), 46, 46(2), 70, 75, 76, 77 and 327; Government of India (Transaction of Business) Rules, 1961 - Rule 3; Constitution of India - Articles 3, 19, 21, 22, 22(4), 22(5), 210, 226, 343, 343(1), 343(2), 346 and 348

Reported in : 1992CriLJ3866

detention being in English and official language for the Union of India being Hindi after passing of the Official Languages Act, 1963, the detention order vitiates. The petitioner relied on Article 343(1) to urge that the Official Language of the … was passed by the Joint Secretary of the Central Government and not by the Central Government and under Section 5(a) the place of detention could only be specified by the 'appropriate Government' viz. the Central Government and not

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Dec 06 1976

Union of India (Uoi) and ors. Vs. Murasoli Maran

Court : Supreme Court of India

Decided on : Dec-06-1976

Subject : Electricity

Acts : Constitution of India - Articles 343, 343(3), 344, 344(1), 344(2), 344(4), 344(6) and 351; Official Languages Act, 1963 - Sections 3(4)

Reported in : AIR1977SC225; (1977)2SCC416; [1977]2SCR314

exercise of the powers conferred on the Parliament by Article 343(3) of the Constitution, the Parliament passed the Official Languages Act 1963. Section 3 of the Act provided as follows:Notwithstanding the expiration of the period of fifteen years from the commencement … wilful absence from . Hindi classes should be treated as absence from duty and dealt with as such. 5. The Home Ministry Memorandum dated 3rd March, 1966 inter alia stated as follows; In service training in Hindi

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May 01 1996

Rakesh Sharma Vs. State of Bihar and ors.

Court : Patna

Decided on : May-01-1996

Subject : Constitution

substituted, was passed by parliament in English language. Its authoritative Hindi translation made under Section 5 of the Official Languages Act, 1963 has been published by the Central Government in the Gazette of India dated the 29th November, 1979 (Annexure

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Sep 11 1972

Prahladdas Khandelwal Vs. Narendra Kumar Salave

Court : Supreme Court of India

Decided on : Sep-11-1972

Subject : Election

Acts : Representation of People Act, 1951 - Sections 33, 33(1) and 36(4)

Reported in : AIR1973SC178; (1973)3SCC104; [1973]2SCR157

accepting the suggestion made by the Election Commission in its letter dated August 24, 1968, to the Secretary, Official Languages (Legislative) Commission, New Delhi, being Exhibit R-7 in the above case or adding explanatory notes in the prescribed … be filed for election to the House of the People. According to Section 5(1) of the Official Language Act 1963 a translation in Hindi published under the authority of the President in the Official Gazette on or after

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Dec 05 1989

Narendra Kumar Vs. Rajasthan High Court and ors.

Court : Rajasthan

Decided on : Dec-05-1989

Subject : Civil

Acts : Rajasthan High Court Ordinance, 1949 - Sections 46 and 47; High Court of Judicature for Rajasthan Rules, 1952 - Rules 125 and 126; Constitution of India - Articles 225, 344, 344(6) and 348; Official Language Act, 1963 - Sections 7

Reported in : AIR1991Raj33; 1990(1)WLN397

same in English Language issued under the authority of the High Court. Therefore, in Section 7 of the Official Languages Act 1963 (for short, 'the OL Act'), it could not have been so provided.4. It may be stated that in … Courts have to be in English language alone. The Supreme Court in the case of Union of India v. Murasoli Maran, AIR 1977 SC 225 : (1977 Lab IC 26) said that Article 344(6) of the Constitution

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