Court : Karnataka
Reported in : AIR1960Kant150; AIR1960Mys150
..... the appellant and his part candidate for the reserved seat have got comparable numbers of votes and that indeed the appellant has secured a somewhat larger number of votes. we therefore find that this contention also has no force.(21) the appeal fails and is accordingly dismissed with costs (advocate's fee rs. 100/-).hegde, j.(22) i agree ..... the existence of a disqualification in respect of a candidate. clauses (b) and (c) relate to defects in fulfilling the requirements of secs. 33 and 34 of the act.the requirements under section 33 are : (i) that the candidate should present the nomination paper in person or by his proposer: (ii) that it should be presented between ..... qualification or is disqualified, cls. (b) and (c) provide for such rejection for failure to comply with the provisions of section 33 or section 34 of the act or on the ground that the signature of the candidate or the proposer on the nomination paper is not genuine. section 33 relates to the presentation of nomination papers .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2004(1)ALD338
..... who retired subsequent to that date simultaneously denying the same to those who retired prior to that date. if the liberalisation was considered necessary for augmenting social security in old age to government servants then those who retired earlier cannot worst (sic) off than those who retire later. therefore, this division which classified pensioners ..... sought to be achieved.the above principles were laid down while considering the validity of a law made by legislature, but those principles apply with full force to executive orders also. the state is enjoined by article 14 to ensure equality not only in legislative matters but also in executive side. an executive ..... by the government after consultation with the recognized unions, such a decision cannot be unilaterally altered to their prejudice and thus the government is estopped from acting in derogation of the decisions taken. they also contended that when once the pension has been fixed on the basis of notional pay drawn, there is .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1946All34
..... another case botheroyd v. woolley (1835) 1 gale 66 the matter was put still more strongly: 'it is better to adhere to the plain words of the statute than to force constructions.' and nothing can be more emphatically pronounced than what was observed in the well-known case in woodward v. watts (1853) 2 el. & bl. 452:the golden rule ..... in veerayya v. kotireddi ('41) 28 a.i.r. 1941 mad. 588 the point really is, will the saving clause 'by any law for the time being in force' be given effect to in every case or only if the proceedings in the primary court are also governed by that law? this question has, as mentioned above, been answered ..... 1936 sharda prasad, respondent 2 and his two sons, respondents 3 and 4, applied under section 4, u.p. encumbered estates act, both ramesh chand, the appellant and dr. shyam lal, respondent 2, put in their claims as secured creditors and the learned special judge determined the claims of both these creditors and passed decrees in their favour on 1st september .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1939All463
..... in execution. on 6th january 1909, the respondent made an application purporting to be under sections 47 and 144 of the present code, which had by that time come into force, for fixation of mesne profits. the parties against whom the application was made were the widow and the sureties; and the relief prayed was that they might be declared ..... their lordships a decree had been passed by the court of the judicial commissioner of oudh on 4th march 1907, i.e. when the code of 1882 was in force, the result of which was that a lady called raghubans kunwar was not entitled to the possession of all the villages claimed by her in the suit but only to ..... dated 2nd march 1933 against the sureties was not made in accordance with law within the meaning of article 182(5), limitation act, inasmuch as the decree, holder could proceed against the sureties only by suit on the security bond and not by an application for execution. having heard learned counsel, we have come to the conclusion that there is no .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1948All301
..... appears to be due to misunderstanding of the legal position on the part of the applicants.4. in support of the contention that an appellate court cannot demand security from a pauper appellant reliance has been placed on the various cases decided by the calcutta, bombay, lahore and rangoon high courts. the rangoon case is maung ..... this revision for about two years. a revision against such order can lie if it be held that under law the appellate court had no power to demand security for costs from a pauper appellant or if it had such power it committed material irregularity in exercising its discretion. in the circumstances of the present case the ..... view i have expressed above. the first case is in seshayyanagar v. jaimulavadin ('81) 3 mad. 66. it was decided in 1880 when civil procedure code, act x of 1877, was in force. its provisions were similar to the provisions of the earlier civil procedure code of 1859. it is observed:we are not prepared to follow the ruling cited in nusseroodddeen .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1986MP115; 1986MPLJ169
..... even less than 3 or more than 3 may be required. indeed, the approach adopted by the returning officer in such cases should be pragmatic and intended to secure the object of the provision. similarly, seal by themselves would not be sufficient. it should 'be the obligation of the returning officer to examine whether seals ..... of authenticity.' if these meanings of the word 'seal' is superimposed on the phrase under consideration, it would mean'properly embossed with an emblem,evidencing authenticity, and so secured withwax that its content could not be tamperedwith or altered, without breaking it in other words 'authenticity' and 'secrecy' are the necessary ingredients of the words 'duly ..... new india assurance co.'s case (supra). used in explanation ii to section 19 of the limitation act, 1908, it signifies a broader sphere to include authorised not only by the action of the parties indebted but also by force of law and order of the court. in the present context, it would mean that the device .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1966P& H423
..... quantity of yield and quality of soil.'9. the definition of 'permissible area' underwent further amendment by section 3 of the punjab security of land tenures (amendment) act, 11 of 1955. in the ceiling act as amended up to date the definition of 'permissible area', which is now relevant for the decision of these cases, is in ..... in this state which area is equivalent to 174.62 ordinary acres. the petitioner had acquired the ownership of the said entire holding before the coming into force of the ceiling act. by order of the collector agrarian, bhiwani, dated february 27, 1961 (annexure a) the petitioner's permissible area was determined as 100 ordinary acres ..... that under the definition of 'permissible area' in section 2 (3) the choice rests with the owner. the contention of the learned counsel seems to have some force, but the real difficulty that lies in his way is that this contention was not pressed either before the collector or before the financial commissioner. the learned counsel .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC613; 1974CriLJ486; (1974)4SCC152; [1974]2SCR832
..... judges. it cannot therefore deflect me from the view i am taking. now in the present case s. 13 of the maintenance of internal security ac 1971 (hereinafter referred to as the act) as it originally stood, provided that the maximum period for which any person may be detained in pursuance of any detention which any person may ..... to article 22(4)(e) might operate, and, whether, by s. 13 of the maintenance of internal security act, 1971 (act 26 of 1971), hereinafter referred to as the act, after it was amended by s. 6(d) of the defence of india act, 1971, the parliament has prescribed the "maximum period". the orders passed by the government of west bengal ..... we see great force in the contention of the learned attorney general that "the maximum period" in article 22(7) (b) can be fixed with reference to the duration of an emergency. in other words, as the object of preventive detention is to prevent persons from acting in a manner prejudicial to the maintenance of internal security, public order .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC215; (1977)4SCC471; [1978]1SCR641
..... in paragraph 92 at page 1527 has come to the conclusion '...the scheme for payment for the property acquired under the act is wholly illusory and therefore the act violates the fundamental rights of the petitioners secured under article 31(2).'15. the history in relation to the provision of payment of compensation or the amount in article ..... added).hegde j. discussed the question from lexicographic, political and social angles and held:the market value of a property is the result of an interaction of various forces. it may not have, any reasonable relationship with the investment made by its successive owners. the price of the property acquired might have shot up because of ..... 'to prepare schemes for the acquisition of and to acquire, either by agreement or compulsorily in accordance with the law of acquisition for the time being in force the state concerned and with such procedure as may be prescribed, whether absolutely or for any .period, the whole or any part of any undertaking of any .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC949; (1982)1CompLJ217(SC); 1982CriLJ819; 1982(1)SCALE38; (1982)1SCC561; [1982]3SCR121
..... . there was further correspondence on the subject between the authorities of the government of india and the state government, but nothing came out of it.29. the act came into force on december 13, 1978 and immediately on the expiry of the two years' period of grace allowed by it, the f.i.r. was lodged against the ..... seems reasonable grounds for suspicion that this organisation is involved in extremely high-risk investments which only can enable them to pay such rates of interest. since the security of monies deposited by the public is involved, we would suggest that a thorough enquiry be conducted by the government of india into the activities of this organisation ..... who glamourize and prey upon the gambling instinct to get rich quick through prizes. so long as there is the restless spell of a chance, though small, of securing a prize, though on paper, people change the prospect by subscribing to the speculative scheme only to lose what they had. can you save moths from the fire .....
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