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Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

..... penal code, 1860, the indian telegraph act, 1885, the bankers books evidence act, 1891, the credit information companies (regulation) act, 2005, the public financial institutions (obligation as to fidelity and secrecy) act, 1983, the payment and settlement systems act, 2007, the income 64 tax act, 1961, the aadhaar (targeted delivery of financial and other subsidies, benefits and services) act, 2016, the census act, 1948, the collection of statistics act, 2008, the juvenile justice (care ..... children from sexual offences act, 2012 and the ..... and protection of children) act, 2015, the protection of .....

Brij Kishore Verma Vs. State of Uttar Pradesh

Court : Allahabad

..... invalid. (iii) there is apparent inconsistency in two acts namely, census act 1948 and the rules framed thereunder, and the ..... (iii) whether in view of the fact that there is no apparent inconsistency in the two acts, namely, census act, 1948 (central enactment) and the u.p. ..... the census act, 1948 (in short the act), enacted by the parliament, deals with the matter in connection with ..... enactment. the census act and rules framed thereunder will have overriding effect over the order passed under the land revenue act and the rules framed thereunder and to the extent of repugnancy, the decision or order passed under the census act and rules framed thereunder, ..... census. under section 3 of the census act, the government of india has been conferred power to declare its intention of taking census in the whole or in part of territories to which the act extends by the notification published in the ..... (4) though, there is no conflict between the census act and census rules, 1990 with section 11 of ..... ] (ii) publish a notification directing the public to cooperate in furnishing accurate and unambiguous information in respect of the questions that may be put to them through census alongwith an extract of penalties prescribed under section 11 of the act; (iii) [publish] in the gazette the reference date for the census and the period during which houselisting operations and population census will take place under section 3 of the act' (iv) freeze the administrative boundaries of districts, tehsils, towns, .....

R.K.Tripathi Vs. the State of Madhya Pradesh

Court : Madhya Pradesh

..... challenging the order dated 21.1.2011 passed by the collector exercising the powers of statutory authority under the census act, 1948 and suspend the petitioner for dereliction in the matter of discharging duties with regard to census work, the petitioner has filed this writ petition. ..... it is well settled principle of law that when an employee is deputed to work either in connection with election duty or census work then the competent authority under the census act 1948 or the representative of peoples act can take disciplinary action. ..... that being so, the collector having exercised his statutory powers available to him under the census act, 1948, has not committed any error warranting interference. ..... shri deependra mishra, learned counsel appearing for respondent no.4 points out that when an employee is performing a duty of census work under the census act 1948 then the collector, i.e. ..... having heard learned counsel for the parties and on a perusal of the record, it is clear that the petitioner is suspended by the district census officer, namely the collector, discharging his statutory duties under the census act, 1948. ..... the district census officer is entitled to take action against the petitioner. .....

Life Insurance Corporation of India and Others Vs. Municipal Commissio ...

Court : Allahabad

..... may note that at the hearing of this petition, a copy of the census act, 1948 was placed before us, as published in the air manual. ..... is contended that the writ petitioners have principally urged the following contentions:- "(a) the officers/employees of life insurance corporation of india do not fall within the ambit of section 4a of the census act, 1948 and, as such, they are not liable to be sent for census work. ..... is made to the various provisions of the census act, 1948 (hereinafter referred to as 'the act'). 3. ..... petitioner-corporation does not fall within the definition of local authority for the purpose of section 4a of the census act, 1948. ..... directed the petitioners to submit the list of officers/employees and the further reminder dated 17.04.2010, whereby the petitioners were informed that failing which action would be taken under the provisions of the census act, 1948. ..... we are again not concerned with that, as it does not refer to the census act, but the provisions of the representation of the peoples act, in respect of which, our opinion is the issue is covered to the case of state bank of india (supra ..... conspectus of the provisions of the act as also the provisions of the rules and the general clauses act, it would be clear that the writ petitioners herein would not be a local authority within the meaning of the general clauses act and in the absence of the local authority being defined under the census act, the definition of the general clauses act, will have to be noted. .....

Pradeshiya Jan Jati Vikas Manch U.P. and Others. Vs. State of Up and O ...

Court : Allahabad

..... additional advocate general submits that the word 'census' in article 243 (f) means the census as carried out by the central government every ten years under the census act 1948, and no other data can substitute the official figures published in the census. ..... the census is carried out every ten years by the central government under the census act, 1944 to count the population ..... proportional representation in panchayat elections, on the ground, that their numbers for giving them representation for reservation in the seats of chairpersons of village panchayats is not available with the state government, from the census 2001 figures; and whether any other empirical data can be relied upon to fulfil the constitutional mandate.' 2. ..... appealed to the high court is that inasmuch as the definition of "population" contained in the constitution as well as in the act means "the population as ascertained at the last preceding census of which the relevant figures have been published," the second proviso to sub-rule (3) of rule 3 which provides for looking into some other records in the absence of census figures is outside the purview of the act and the constitution. ..... the details of the data collected in census 2001 under (the) right to information act, 2005. ..... reorganization act, 1999, the majority of scheduled tribes residing in the state of uttranchal, were separated, reducing the number of their castes in the state of up to five, and their population in the state of up, according to census 2001 .....

Arun Kumar Agrawal and anr. Vs. National Insurance Co. Ltd. and ors.

Court : Supreme Court of India

..... entire exercise of census operation is done under an act of parliament.5.under section 4 of the census act, 1948, the central government may appoint a census commissioner to supervise the taking of census throughout the area where census is intended ..... made census rules, 1990 under section 18 of the census act, 1948. ..... the practice adopted by the tribunals to deduct lumpsum payments from the compensation awarded in the motor accident claim's cases and observed that even though the multiplier specified in the second schedule appended to the act is not applicable in strict sense in a case under section 166, whenever the court has to apply the appropriate multiplier several factors including the income of the deceased, his family background will have ..... including agricultural production by sowing, harvesting, transplanting and also tending cattles and by cooking and delivering the food to those persons who are on the field during the agriculture season.12.though, census operation does not call for consideration in this case but reference to the same has been made to show the strong bias shown against women and their work. ..... the use of the motor vehicle, compensation, as indicated in the second schedule, to the legal heirs or the victim, as the case may be, and in a claim made under sub- section (1) of section 163-a of the act, the claimant shall not be required to plead or establish that the death or permanent disablement in respect of which the claim has been made was due to any wrongful .....

Manipur Pradesh Congress Committee and ors. Vs. Union of India (Uoi) a ...

Court : Guwahati

..... judicial review of this court in a writ proceeding under articles 226 and 227 of the constitution of india over the action and proceeding taken up by the census authority/authorities under the census act, 1948 and the rules framed thereunder and the census report under the census act 1948, the objection raised by the intervener questioning the power ofjudicial review of this court in the present writ petition shall not be entertained.23. ..... census act, 1948 provides that--no court inferior to that of a presidency magistrate or a magistrate of the second class or in a part-b state, a magistrate corresponding to a magistrate of the second class shall try whether under this act or under any other law, any act or omission which constitutes an offence under this act or any other law, any act or omission which constitutes an offence under the census act, 1948 ..... of the considered view that this court has the power for judicial review over the proceedings and steps taken up by the census authority/authorities in the census act, 1948 for preparing the census report under the census act 1948 and the rules framed thereunder and also over the census report.33. ..... respondents in course of hearing mentioned that this court has no power of j udicial review of the proceeding taken up by the census authority/authorities mentioned in the census act, 1948 and the rules framed thereunder for preparing the census report for the state of manipur and the census report of india 2001 for the state of manipur. .....

Jabir HussaIn Nasir Ahmed Boga and anr. Vs. State of Gujarat and ors.

Court : Gujarat

Reported in : AIR2006Guj53; (2006)1GLR10

..... the census is taken under the census act, 1948 (act no.37 of 1948), and the ..... affected by the improper reception or refusal of a vote or by the reception of any vote which is void, or by any non-compliance with the provisions of the constitution or of this act or of any rules or orders made under this act or of any other act or rules relating to the election, or by any mistake in the use of any prescribed form, the tribunal shall declare the election of the returned candidate to be void is sa residuary provision ..... election agent, or by the improper reception, refusal or rejection of any vote or the reception of any vote which is void, or by any non-compliance with the provisions of this act or of any rules or orders made under this act, the judge shall set aside the election of the elected candidate and where the election is set aside, on a ground mentioned in item (i) or (ii), shall declare the candidate disqualified for ..... writ petitions but mainly on the grounds that the constitution of wards has been made with ulterior motive, in violation of mandatory requirement of section 7(2) of the gujarat municipalities act, 1963 (hereinafter referred to as, the act of 1963), and that certain dubious and non-existing blocks are included/interpolated in ward no.3 though the actual population in wards no.3 is less than a thousand.3. ..... the word selection in clause 7a of section 2 of the act of 1963 an election process shall start moment the census figures are declared after each census. .....

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

Court : Kolkata

Reported in : AIR2003Cal65

..... 18th july, 2000 issued a notification which says that in exercise of the powers conferred by sub-section (1) of section 8of the census act, 1948, the central government had issued instruction that all census officers may ask all such questions fromall persons as enumerated in the said notification and collect information through the'household schedule' in connection withthe census of india 2001. ..... census is taken after every 10 years and this is being undertaken under the census act, 1948 (hereinafter referred to as the act of 1948 ..... act of 1948 provides that the central government may by notification in the official gazette, declare its intention of taking a census in the whole or any part of the territories to which this act extends, whenever it may consider it necessary or desirable so to do and thereupon the census ..... power under section 18 of the act of 1948, the central government framed a rule known as 'census rules, 1990' (hereinafter referred to ..... section 10 of the act of 1948 lays down that subject to such orders as the state government may issue in this behalf, a census officer within the local area for which he is appointed, leave or cause to be left a schedule at any dwelling house or with the manager or any officer of any commercial or industrial establishment, for ..... section 8 of the act of 1948 lays down that the census officer may ask all such question to all persons within the limits of the local area for which he is appointed and every person is legally bound to answer .....

A.P. Sarpanchas Association Vs. Government of A.P. and Others

Court : Andhra Pradesh

Reported in : AIR2001AP474; 2001(4)ALT309

..... no.9879 of 2001 (for short the third writ petition) raises the question whether reservation to the members of the scheduled castes and scheduled tribes could be granted in terms of 1991 census on thepremise that their population figures of 2001 census are available.in writ petition no.9889 of 2001 (for short 'the fourth writ petition'), the principle of categorisation amongst the scheduled castes is in question inter alia on the ground that ..... writ petition no.9857 of 2001 (for short 'the first writ petition) raises the question as to whether the provisions of andhra pradesh panchayat raj act, 1994 (for short 'the act') purporting to have been enacted in terms of part ix of the constitution inserted by reason of the constitution (seventy third) amendment act, 1992 should be given effect to as it does not conform in letter and spirit thereon.writ petition no.9862 of 2001 (for short 'the ..... supreme court laid down:it is, true, as contended by sri tarkunde, that if the question as regards the justiciability of the president's satisfaction is not to be considered for the reasons that the ordinance has become an act, the occasion will hardly ever arise for considering that question because by the time the challenge made to an ordinance comes up for consideration before the court. ..... census of population takes place in terms of the provisions of census act, ..... section 2(29) of the act defines 'population' to mean the population as ascertained at the last preceding census of which the relevant .....