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R.C. Poudyal and ors. Vs. Union of India and Others

Court : Supreme Court of India

Reported in : AIR1993SC1804; JT1993(2)SC1; 1993(1)SCALE489; 1994Supp(1)SCC324; [1993]1SCR891

..... the basic features of democracy ?c) whether section 7(1 a) and section 25a of the representation of the people act, 1950 [as inserted by election laws) (extension to sikkim) act, 1976] and representation of the people (amendment) act, 1980 respectively] and section 5a(2) of the representation of the people act, 1951 [as inserted by the representation of the people (amendment) act, 1980] providing for reservation of 12 seats, out of 32 seats in the sikkim, legislative assembly in favour of bhutias-lepchas, are unconstitutional as violative of the basic features of democracy and republicanism ..... and the corresponding consequential changes brought about in the representation of the people act, 1950, representation of the people act, 1951, as amended by the election laws (extension to sikkim) act, 1976 and the representation of the people (amendment) act, 1980, 12 out of the 32 seats in the sikkim assembly are reserved for the sikkimese of 'bhutia-lepcha' origin and one seat for the 'sangha'' buddhist lamaic monasteries the election to which latter being on the basis of a separate electoral roll ..... validity of the provisions inserted in the representation of the people act, 1950 (hereinafter referred to as the '1950 act') and the representation of the people act, 1951 (hereinafter referred to as the 1951 act') by the election laws (extension to sikkim) act, 1976 (10 of 1976) (hereinafter referred to as the '1976 act') and the representation of the people (amendment) act, 1980 (act no. .....

J and K National Panthers Party . Vs. the Union of India and Others.

Court : Supreme Court of India

..... case is as follows: "whether section 7(1-a) and section 25-a of the representation of the people act, 1950 [as inserted by election laws (extension to sikkim) act, 1976 and representation of the people (amendment) act, 1980 respectively] and section 5-a (2) of the representation of the people act, 1951 [as inserted by the representation of the people (amendment) act, 1980] providing for reservation of 12 seats, out of 32 seats in the sikkim legislative assembly in favour of bhutias- lepchas, are unconstitutional as violative of the basic features of ..... member as follows:(a) two members, each of whom shall be a person {who is or has} been a judge of the supreme court or of a high court in india; and(b) a deputy election commissioner nominated by the chief election commissioner:{provided that until the relevant figures for the first census taken after the year 2026 have been published, it shall not be necessary to constitute a commission to determine the delimitation of assembly ..... - notwithstanding anything in this constitution-(a) the validity of any law relating to the delimitation of territorial constituencies for the purpose of electing members of the legislative assembly or the allotment of seats to such constituencies, made or purporting to be made under section ..... decision, the plaintiffs who were entitled to vote to elect members of tennessee legislature filed a class action for a declaration that tennessee apportionment act of 1901 was unconstitutional as it violated the 14th .....

Godore Tools (India) (P.) Ltd. Vs. Inspecting Assistant

Court : Income Tax Appellate Tribunal ITAT Delhi

Reported in : (1988)25ITD193(Delhi)

..... regarding its character, etc.29.1 cash assistance and cash compensatory support are inter-changeable phrases as would be clear from the clarification issued by the ministry of commerce in their letter dated 23-1-1976 wherein the following observations were, inter alia, made by the ministry : it is clarified that the phrase 'cash compensatory support' used in the instructions, referred to above is in ..... to the assessee.9.16 in the end we would like to acknowledge the valuable assistance rendered to the bench by the very able, detailed, sustained and persuasive arguments, paper book and case law on both the sides.per shri anand prakash, accountant member - these are cross-appeals pertaining to assessment year 1979-80 for which accounting period of the assessee commenced on 1-7-1977 and ended ..... delhi high court in the case of all india lakshmi commercial bank officers' union (supra) is concerned, it was only held therein that the income-tax authorities acting anywhere in india have to respect the law laid down by a high court whether in the state in which they are functioning or in a different state, in the absence of any contrary decision of ..... who presided over the special bench and the other companion brothers that the reports of bose malik committee and alexander committee to which extensive references had been made both by the cit(a) and by my learned brother shri v.p.elhence, should be gone into and inasmuch as the two reports, ..... time for the extension of the dock of ..... extensive .....

Devasia Chacko Alias Ghacko Mathukadan Vs. the Joint Registrar of Co-o ...

Court : Kerala

Reported in : AIR1991Ker309

..... society which he represents: provided that if the affairs of the society are managed by administrator/administrators/ administrative committee appointed under section 33 of the act, the person or persons so appointed shall have power to nominate any member of the society to be its delegate in the other society and such delegate shall be eligible to be elected as a member of the committee of the other society in which he sits as a delegate if he is otherwise qualified to be a delegate under the relevant rules: provided ..... the central society (in this case thebank) is formed by the member societies any person who is vitally interested in the affairs of the central society has a right to question the extension of the period of administrators appointed in member societies, since such unending extension of the period adversely affects the interest of the central society. ..... the corollary is that if any clause in the bye-laws is contrary to or inconsistent with the provisions of the act or rules, that clause to the extent it is inconsistent becomes automatically ..... u/section 32 of the act, the registrar (or the joint registrar as the case may be) has to be satisfied that the committee of any society persistently makes default or negligence in the performance of the duties imposed on it by the act or rules or the bye-laws or commits any act which is prejudicial to the interest of the society or wilfully disobeys or wilfully fails to comply with any lawful order or direction issued to the .....

The State of Meghalaya and ors. Vs. Ka Brhyien Kurkalang and ors.

Court : Supreme Court of India

Reported in : AIR1972SC223; (1972)1SCC148; [1972]2SCR506; 1972(4)LC262(SC)

..... modifications as he thinks fit, and(b) he may make regulations for the peace and good government of any such area and any regulation so made may repeal or amend any act of parliament or of the state legislature or any existing law which is for the time being applicable to such area.clause (2) provides that a direction made under sub-clause (a) can be given retrospective effect. ..... assam and nagaland, challenging the validity of the united khasi-jaintia hills districts (application of laws) regulation, v of 1952 promulgated by the governor of assam under paragraph 19(1)(b) of the sixth schedule to the constitution, the notification, dated september 8, 1961, issued thereunder extending thereby the eastern bengal and assam excise act, 1910 to the united khasi-jaintia hills district, and the order of the deputy commissioner refusing ..... facie, the regulation was a conditional legislation, the legislative authority, namely, the governor having by the regulation itself selected the laws which he wanted to be applied and having left only the time when and the area in which they or any one ..... constitution of the district and regional councils, the election of their members and the term of office ..... developments in regard to these areas as the notification challenged by the respondents extending the excise act, 1910 to them was issued in 1961, and the order of refusal by the deputy commissioner to permit the respondents to distil liquor was passed on the extension of that act by that notification.3. .....

Ashok Maharu Thakare and ors. Vs. State of Maharashtra and ors.

Court : Mumbai

Reported in : 2002(3)ALLMR909; 2002(3)MhLj358

..... reasons as, in the opinion of the state government, are exceptional, it is not in the public interest to hold elections to any society or class of societies, the state government may, notwithstanding anything contained in the said act, or in any rules, or bye-laws made thereunder, or any other law for the time being in force, for reasons to be recorded in writing, by general or special order, postpone the election of any society or class of societies, for a period not exceeding six months at a time which period ..... apparently, therefore, even in case where the term of the committee is not extended or even after extension, no elections are held and, therefore, no new committee is constituted, the registrar is empowered to take proper steps to appoint administrator. ..... barring the said proviso to sub-section (2b), undisputedly, there is no other provision which would entitle the committee to claim extension of their period which enables the elected committee to continue to be in office till the new committee takes charge and considering the provisions under sub-section (2), the tenure of the elected committee comes to an end on expiry of the period of five years. ..... para 2 thereof refers to drought situation in the taluka and necessity for six months time extension for elections of the new committee of the society as well as to the drought situation in the locality resulting in financial difficulties for the society. .....

S.P. Gupta Vs. President of India and ors.

Court : Supreme Court of India

Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365

..... court.(2) the judges of a high court in any indian state corresponding to any state specified in part b of the first schedule holding office immediately before the commencement of this constitution shall, unless they have elected otherwise, become on such commencement the judges of the high court in the state so specified and shall, notwithstanding anything in clauses (1) and (2) of article 217 but subject to the proviso to clause (1) of that article, continue to ..... are such as to be inconsequential in view of the larger public interest for which the transfer is being ordered; (vii) would the transfer cast a shir or stigma on the judge proposed to be transferred; (viii) the policy universally followed till 1976 of not transferring a judge of high court without his consent is being shelved for achieving some larger public interest or the so-called public interest is a cloak or device to strike at an inconvenient judge; (ix) is the transfer intended ..... after the issuance of the aforesaid circular letter by the union law minister on march 18, 1981, in several high courts, including high courts of allahabad, bombay and delhi, the president of india acting under article 224 granted short-term extensions for three months, six months or a year to sitting additional judges whose initial terms were about to expire but since such short-term extensions became a frequent phenomenon, particularly after the issuance of the ..... s. gujral (sikkim), acting chief justice farooqi (j&k;), .....

Abdulgani Abdulbhai Kureshi and anr. Vs. State of Gujarat and anr.

Court : Gujarat

Reported in : (1992)1GLR503

..... that outgoing councillors in the absence of entry of administrator in the field will continue to enjoy deemed extension of their term till duly elected councillors take over as per section 6(1) read with section 6(2) and they will be treated to be full-fledged councillors entitled to exercise all the powers and discharge all the duties as such as duly elected councillors under the act and they will be entitled to take all decisions including policy decisions within legally permissible ..... section 6(1) second part so far as the present act is concerned, we do not find such fetter on the part of the state while ordering extension and still in that light, the full bench laid down in para 17 certain circumstances under which extension may not be given and which may require as changed circumstances, appointment of administrator under section 48a:may be law and order situation is such that the councillors elected are unable to meet and manage the affairs ..... of the council, may be there is an external threat or internal unrest in which it is not expedient to continue the elected body and it is necessary to have an administrator to head the council, may .....

Sailendra Kumar Vs. Chairman Bar Council of India and ors.

Court : Patna

..... whether the reasons were recorded in writing, in the earlier decision it was observed:ln the present case, from the aforesaid facts, it would appear that the bar council of india at the time of passing the order of extension has taken into consideration request of the state bur council and report submitted by the chairman and member of the bar council of india on the said request, therefore, it cannot be said that the order ..... noticed section 8 of the act as amended, and talying upon the proviso of the aforesaid section, held that the power of extension under the proviso could be exercised if before the expiry of the term the state bar council fulled to hold the election, it held:therefore from a plain reading of the aforesaid provision, it would be apparent that election would be held even by the last date on which the term is to expire and the question of extension arises only if ..... . with great respect, the conclusion reached cannot be supported in view of clear pronouncements of the supreme court that if a law requires the reasons to be recorded, the same must be expressly recorded in the order itself, or at any other place, so that it challenged, the forum before which the order is challenged can look into those reasons ..... aggrieved by the action taken, to approach the appropriate forum challenging the order passed or the action taken on the grounds inter alia that it is malafide of arbitrary, or that it is based on irrelevant or extraneous considerations see : [1976]102itr281(sc) . .....

Mohamad Maqbool Mohamad Khaja and ors. Vs. State of Maharashtra and or ...

Court : Mumbai

Reported in : AIR1982Bom312; (1981)83BOMLR573; 1982MhLJ417

..... the statement further recites that general election cannot be held on account of some temporary difficulties and in such cases, short extension may be justified, but when it is not possible to hold the general election for a longer period for administrative or other reasons. ..... 40 of the act does not provide for any extension but contemplates a situation where election of the new councilors has already been held. ..... the term can be extended by the state government for one more year but such extension can be given only in exceptional circumstances and for reasons which shall be stated in the notification to be published in the official gazette, in other words, there is no inherent right in the elected councilors to remain in office beyond the period of five years. ..... by this petition filed under article 226 of the constitution of india, the petitioners are seeking a writ of mandamus for striking down section 48a of the maharashtra municipalities act 1965 (hereinafter referred to as the 'act') as being ultra vires of the fundamental rights guaranteed under the constitution of india and for quashing and setting aside the order dated feb. ..... (2) during the said period, all the powers and duties of the council and its various authorities under this act or any other law for the time being in force shall be exercised and performed by the administrator. ..... union of india reported in air 1976 sc 597 and especially the observations of shri justice bhagwati in para 56 of the judgment. .....