Court : Supreme Court of India
Reported in : AIR1986SC3; 1985(2)SCALE1142; 1985Supp(1)SCC611; [1985]Supp2SCR399
..... for illegal hiring or procuring of conveyances at elections. s.134 relates to breaches of official duty in connection with elections. s.134a prohibits government servants from acting as election agent, polling agent or counting agent. s.135 relates to removal of ballot papers from polling station. s.135 relates to other offence and penalties ..... been quoted with approval: "the contemporaneous dialogue between them formed part of the res gestae and is relevant and admissible under s.8 of the indian evidence act. the dialogue is proved by shaikh. the tape record of the dialogue corroborates his testimony. the process of tape-recording offers an accurate method of storing ..... at the presiding officer and ordered the other polling staff and polling agents of the various candidates to stand still does not attract any provision of the act regarding the commission of corrupt practice. the allegation that the polling agents suraj bhan and amar singh were threatened and turned out of the polling station .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1370; [1986]59CompCas548(SC); (1986)1CompLJ91(SC); 1986(8)ECC189; 1985(2)SCALE1289; (1986)1SCC264; [1985]Supp3SCR909
..... india and the reserve bank of india alone that has to decide whether permission may or may not be granted under section 29(1) of the act. the act makes it its exclusive privilege and function. mo other authority is vested with any power nor may it assume to itself the power to decide ..... enacted in the national economic interest. when construing statutes enacted in the national interest, we have necessarily to take the broad factual situations contemplated by the act and interpret its provisions so as to advance and not to thwart the particular national interest whose advancement is proposed by the legislation. traditional norms of statutory ..... the board further considered whether - having regard to the provisions of fera and fera regulations and other relevant laws including the company law, the stamp act, the public securities act and other regulations relating to the stock exchange and transfer of shares - requirement of law have been complied with. the board further considered the various .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC421; AIR1986SC421a; 1986(24)ELT193(SC); [1986]157ITR665(SC); 1985(2)SCALE1416; (1986)1SCC523; [1985]Supp3SCR850; 1986(1)LC179(SC)
..... certain matter then all powers to make that jurisdiction effective must be implied to the authority unless expressly prohibited. but in references under 1922 act as well as 1961 act the courts merely exercise an advisory or consultative jurisdiction while the appeals are kept pending before the tribunal, therefore, nothing should be implied as ..... reference jurisdiction or special jurisdiction is different from appellate or supervisory jurisdiction. the jurisdiction of the high court in a reference under section 66 of 1922 act was a special one, different from its ordinary jurisdiction as a civil. the high court hearing a reference under that section did not exercise any ..... a stay until disposal of reference by the high court or until such time as the appellate authority thought fit. but in case the appellate authority acted without jurisdiction or in excessive jurisdiction or in improper exercise of the jurisdiction, then decision of such appellate authority can be corrected by the high .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC468; 1985(2)SCALE1437; (1986)1SCC581; [1985]Supp3SCR1025
..... the very same judge while deciding the bank nationalistion case (supra). he may have arrived at an incorrect or contradictory conclusion in striking down the bank nationalisation act. the result achieved by him in the subsequent case may be wholly wrong but it cannot have any effect of the efficacy of the decision in ..... judgments kesvanandabharati's case (supra) there are observations to the effect that the case of shantilal mangaldas (supra) was virtually overruled or in substance overruled in the bank nationalisation case, (supra). some of the observations are:in state of gujarat v. shantilal mangaladasand ors. : [1969]3scr341 , the decision in metal corporation of india : ..... to relevant principles.27. it is seen that shah, j. relied on the decision in shantilal mangaldas's case (supra) also in deciding the bank nationalisation case. the learned judge does not say that the earlier decision rendered by him in shantilal mangaldas's case stood overruled. in kesvananda bharati's case (supra .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1466; (1986)88BOMLR205; 1986MhLJ1009(SC); 1986(1)SCALE404; (1986)2SCC516; [1986]1SCR707; 1986(1)LC715(SC)
..... national economy is to distribute those resources. socially conscious economists will find little difficulty in treating nationalisation of transport as a distributive process for the goods of the community. you cannot condemn the concept of nationalisation in our plan on the score that article 39(b) does not envelope it. it ..... the laws relating to housing, repairing and reconstructing dangerous buildings and carrying out improvement works in slum areas. the preamble to the act stated that before the act was passed there were in existence various corporate and statutory bodies in the state for dealing with the problem of housing, accommodation, for ..... . on august 1, 1978 the maharashtra housing and area development authority (hereinafter referred to as 'the authority' established under section 3 of the act wrote a letter to the municipal council, lonavala seeking information regarding its needs for providing housing accommodation to economically weaker sections and to persons belonging to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1571; (1986)3CompLJ1(SC); 1986LabIC1312; (1986)IILLJ171SC; 1986(1)SCALE799; (1986)3SCC156; [1986]2SCR278; 1986(2)SLJ320(SC)
..... by authorities. hardly ever has the voice of the timorous spoken more clearly and loudly than in these words of lord davey in janson v. driefontein consolidated mines limited 1902 a.c. 484'public policy is always an unsafe and treacherous ground for legal decision.' that was in the year 1902. seventy-eight years earlier ..... cases related to regulation 48 of the air india employees' service regulations framed by air india international. air india international is a corporation established under the air corporations act, 1953 (act no. 27 of 1953) and it is indisputably 'the state' within the meaning of article 12 of the constitution. under clause (a) of the said ..... by the statement of objects and reasons to the legislative bill, which when enacted became the national waterway (allahabad-halda stretch of the ganga-bhagirathi-hooghly river) act, 1982 (act no. 49 of 1982), published in the gazette of india extraordinary, part ii, section 2, dated may 6, 1982, at page 15, the central government .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC1511; 1986(1)SCALE1254; (1986)4SCC8; 1986(2)LC47(SC)
..... amendment, an inam estate, as defined by section 2(7) includes all estate within the meaning of section 3(2)(d) of the madrass estate land act. the assistant settlement officer therefore again held a suo motu inquiry to determine whether the lingamguntla agraharam came within the wider definition of the inam estate introduced ..... madrass estate land (third amendment) act, 1936. the assistant settlement officer and the estate abolition tribunal held that lingamguntla agraharam was not an inam estate. later the definition of an inam estate was ..... in the following circumstances.2. a suo motu inquiry under section 9(1) of the andhra pradesh (andhra area) estates (abolition and conversion into ryotwari) act was initiated by the assistant settlement officer in 1958 for determining whether lingamguntla agraharam is an inam estate within the meaning of section 3(2)(d) of the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC2123; 1986LabIC1944; (1986)IILLJ139SC; 1986(1)SCALE1300; (1986)3SCC338; [1986]2SCR1044; 1986(2)LC293(SC)
..... 1973 and in that connection he employed the petitioner and 700 workmen. subodhchandra mondal was prevented from working the coal mine in view of the nationalisation of the coal mines under the provisions of the coal mines (nationalisation) act, 1973 (hereinafter referred to as the nationalisation act). after the closure of the coal mine the petitioner and 700 workmen were rendered unemployed and in spite of several representations to the government of west ..... the respondents to declare that natundihi pahariabera colliery has vested in the central government and in the alternative directing the union of india to take over the colliery under the coal mines (nationalisation) act, 1973 and treat the petitioner and other workmen as workmen of the central government and to work the colliery by employing the workmen and to pay them arrears of their .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1986SC2130; 1986(34)BLJR609; 1986(2)Crimes678(SC); 1986(1)SCALE1037; (1986)3SCC141; [1986]2SCR1128
..... effective investigation in serious cases and affected the interests of the state. consequently, certain amendments were effected to the proviso to section 167(2) by means of act 45 of 1978. by reason of the amendment the ceiling limit for remand period for cases, where the investigation relates to an offence punishable with death, imprisonment ..... (a) of the proviso will stand restricted only to those accused persons who are in a position to furnish bail. another important change made by the amendment act is the provision of section (2a) whereby executive magistrates, on whom the powers of a judicial magistrate have been conferred, have also been empowered to order remand ..... our findings we are clearly of the view that the contentions of the appellants cannot be sustained. the learned singh judge, it must therefore be held, has acted correctly in allowing the petition filed by the state for cancellation of the bail granted to the appellants. as the munsif magistrate has granted bail to the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1987SC149; 1987CriLJ157; 1986(2)SCALE452; (1986)4SCC481; [1986]3SCR802
..... jethmalani has happened. all that has in fact happened is that a special judge's court was created for purnea division under section 6 of the criminal law amendment act and shri bindeshwari prasad verma, additional district judge, west champaran, who was under orders of transfer as additional district judge, bhagalpur was designated as the special judge. ..... sureties should be from araria. he furnished necessary sureties on october 29, 1985, but could not be released as he was under detention under the national security act. while so gauri shankar jha who was a surety for all the five accused filed a petition and personally appeared in court praying that he may be ..... in the jeep. one of them was simranjit singh mann who had been dismissed from the indian police service. an order of preventive detention under the national security act had been made against him on august 28, 1986. he was wanted in that connection but had gone 'underground'. on being questioned by the police petrol party, .....
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