Court : Rajasthan
Reported in : AIR1960Raj152
..... in other words, the law is fairly clear that an election cannot be set aside merely on the ground of an error or irregularity which is not serious, that is, when it does not or cannot have the force of materially affecting the result of the election. 9. ..... sub-section (2) of section 11 provides that every person enrolled in the electoral roll for the time being in operation shall be deemed to be entitled to vote and every person not so enrolled shall be deemed to be not entitled to vote at every election of members. 27. ..... bearing the afore-mentioned distinction in mind, my conclusion is that both the errors pointed out in the present case, although they are certainly material, arc not errors primarily connected with the holding of an election but are more fundamental ones which go to affect the constitution of this municipality as a whole at the relevant time, and, that being so, the contention of the respondents that an alternative remedy by way of an election petition is open to the respondents has, in my opinion, no force. 15. ..... i should like to emphasise that what has been said above as regards the defining of the limits of a newly created municipality applies with equal force where the limits of any pre-existing municipality are to be altered. ..... this objection, in my opinion, has no force for the simple reason that it is much too well established to admit of any doubt or dispute that there can be no estoppel against a statute. .....
Tag this Judgment!Court : Mumbai
Reported in : (1959)61BOMLR1210
..... this omission also indicates that the legislature did not intend to confer on the members of a notified area committee in the vidarbha area a right to be enrolled in the electoral roll of the local authorities' constituency for electing members to the legislative council. ..... and berar municipalities act, which provides for the formation of a 'notified area committee', is also in force in the areas which formed part of the former state of madhya pradesh and which now form part of the new state of madhya pradesh. ..... it was not possible for us to refer to the provisions of the enactments in force in all other states except the two acts, namely the bihar and orissa municipal act of 1922 and the bombay district municipal act of -1922. ..... gokhale, learned counsel for the appellant, has further argued that the expression 'municipality' must be understood and has to be understood only with reference to the local acts in force in various states and in no other sense. ..... and berar local government act, 1948, is in force in the areas of the present madhya pradesh which formerly formed part of the old madhya pradesh. ..... it would also be seen that so far as vidarbha is concerned, the act in force in the vidarbha area, namely the c.p. ..... in our opinion, there is little force in the contention raised by mr. ..... there is a good deal of force in this contention. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All472
..... sri chaudhri was enrolled as a vakil of this court on the 1st august 1923, but almost immediately thereafter he entered the service of the government of india in the income-tax department he was an income-tax officer for eighteen years and later was appointed successively to the offices of assistant income-tax commissioner and commissioner of income-tax.for some time he was a member of the income-tax investigation commission and for the last eighteen months of his service he was director of ..... act, 1883, where it is defined as including the office of a justice of the peace, and in article 217 of the constitution where the holding of judicial office is a qualification for appointment as a judge of a high court.although the proviso to rule 1 which we are now considering came into force in 1950, it is in substantially the same form as the proviso for which it was substituted and which came into operation when the government of india act, 1935, was in force, and we think that there can be no ..... real doubt that the framers of the proviso had, when drafting it, the provisions of that act relating to judicial officers in mind.sections 253 to 256 relate to 'judicial officers', and it is clear in those sections that the expression refers exclusively to members of a judicial service, that is to say to a service consisting exclusively of persons .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1959All589
..... it has been contended by the learned counsel for the respondents that the commonsense interpretation would be that the expression 'whose term' should relate to the member because rules of public propriety demand that a person who is either himself a member or a relation of a member of the board should not be appointed to the post of secretary of the board, and there was no sense in prohibiting the appointment of a person who at the date of his appointment is neither himself a member nor has any of his relations as a member of the board. ..... singh be not considered inasmuch as the former was a relation of sri kripa shanker and thelatter a relation of sri ansuman singh both of whom were members of the board of which the term had not expired, and it was submitted bythese members that though the resignations of sarva sri kripa shanker and ansuman singh had been accepted and they were no longer members of the board they had nonetheless been members of that board within the meaning of rule 1 of the rule relating to the appointment of secretary. ..... it must be held that there is force in the contention of the learned counsel for the petitioners that the expression 'whose term' relates to the board and not to the member. ..... (2) a member removed under clause (b) of subsection (1) of the preceding section shall not be so eligible unless and until he is again enrolled as an elector. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H287; 1959CriLJ764
..... chief justice observed : 'there is no doubt that, looking at the various sections of bengal act iv of 1866, the deputy commissioner of police is not a member of the police force within the meaning of that act, and, moreover, on looking back to the police act of 1861, it will be found that the term 'police officer', as used in that act, has generally the same meaning as a member of the police force in the act of 1866; but, in construing the 25th section of the evidence act of 1872, i consider that the term 'police officer' should be read not in any ..... , in the said case appears to have held that no person is a police officer unless he be enrolled in or appointed a member of the police force or is declared by statute to be a member of that force, a dictum which is directly opposed to that of garth, c. j. ..... in common parlance & amongst the generality of people, the commissioner and deputy commissioner of police are understood to be officers of police, of in other words 'police officers' quite as much as the more ordinary members of the force; and, although in the case of a gentleman in mr. ..... ''the civil force to which is entrusted the duty of maintaining public order, enforcing regulations for the prevention and punishment of the breaches of the law and detecting crime; construed as plural the members of a police force, the constabulary of a locality. .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1959P& H402
..... in ex parte fry (1954) 2 all er 118, and it was held:'it seems to me impossible to say, where a chief officer of a force which is governed by discipline, as is a fire brigade, is exercising disciplinary authority over a member of the force, that he is acting either judicially or quasi-judicially. ..... 'if the contention of the plaintiff were to be accepted and the whole force were to be taken as if they were members of the police service, then the plaintiff must be taken to have joined as a foot constable the appointment to which was made by a district superintendent of police and his position remains the same and does not change in any manner. ..... bashamber das, the district superintendent of police convened a meeting of the district police officers at his office on the 27th april, and in that meeting it is alleged that the plaintiff mis-behaved and was rude and used language which was unbecoming a subordinate member of the police force. ..... when quoted it runs as under:'the entire police-establishement under a state government shall, for the purposes of this act, be deemed to be one police force, and shall be formally enrolled; and shall consist of such number of officers and men, and shall be constituted in such manner as shall from time to time be ordered by the state government. .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1957All536
..... us to enter into the matter for, even if we were satisfied that we had the power to waive compliance with the requirements of the rules we do not think that this is a case in which it would be proper for us to exercise that power.the applicant came to india in may 1942, but he allowed nearly ten years to elapse before he applied for enrolment and on the date on which he made that application he clearly was not qualified for admission to the roll of advocates under the rules which were then in force. ..... contention it is necessary to refer to the first paragraph of rule 1 of the unamended rules, which reads thus:''any barrister of england or ireland, any member of the faculty of advocates in scotland, and any graduate in law of any university established by law in british india who is a graduate in arts, science or commerce of such university and who in each case has further undergone a course of training for one year as provided by the allahabad bar council under the rules made under section 15 of the act may present .....
Tag this Judgment!Court : Madhya Pradesh
Reported in : AIR1957MP126; (1958)IILLJ414MP
..... it will thus be seen that after the formation of madhya bharat the petitioner was enrolled as a member of the madhya bharat police force and appointed under section 7 of the ordinance. ..... 9494 dated 31st december, 1945, and was in the service of that state on the date when the ratlam state merged in madhya bharat; that after the formation of madhya bharat and the merger therein of the ratlam state, he was unpointed as a member of the madhya bharat police-force, as by virtue of ordinance no. ..... section 3 of that ordinance provides that 'the entire police establishment shall, for the purpose of this ordinance, be deemed to be one police force, and shall be formally enrolled, shall consist of such numbed of officers and men, and shall be constituted in such manner, and the members of such force shall receive such pay; as shall, from time to time, be determined by the government. ..... 30 of 1948), the list published in the madhya bharat police gazette dated 31st august, 1950, and the absence in the return filed by the state of any denial of the petitioner's statement that he was formally enrolled and appointed as a sub-inspector of police incline us to hold that he was appointed as a sub-inspector of police after the formation of madhya bharat by the inspector general of police.ordinance no. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1957Raj26; 1957CriLJ103
..... at the time of enrolment certain articles, which form the kit of a member of the force, were handed over to him. ..... the facts of the case are not in dispute and these are that the accused rawat singh was enrolled in the rajasthan armed constabulary force in 1951. ..... it is urged by the learned deputy government advocate that section 7 (g) of the same act provides for a minor offence where a member of the rajasthan armed constabulary quits his post guard without leave. ..... it is held that it was not a case of desertion and the accused had not left with the intention never to return, it can hardly be said that merely because he retained these articles for a short time he was away, he misappropriated them or converted them to his own use.in the alternative, the prosecution would have to show that he dishonestly used the property in violation of any direction of law prescribing the mode in which the trust was to be discharged or of any legal contract express or implied ..... it means something more, and that something more is the intention never to return to the post, or to go away with the idea of avoiding hazardous duty, or shirking any important service.it is not the prosecution's case that the accused left with the idea of avoiding any hazardous dulyor shirking any important service. .....
Tag this Judgment!Court : Kolkata
Reported in : AIR1957Cal449
..... this language would, in my opinion, cover appearance before an income-tax authority, but it must be admitted that the regulation begins with the words 'without prejudice to the discretion vested in the council in this behalf', which would suggest that the functions enumerated in the regulation are not among the permanent func-tions which chartered accountants may claim to exercise as of right, but only functions which the council may permit its members to exercise and which may be withdrawn at any moment from ..... in any event, the definition contains a reference to 'accountants enrolled under the auditors certificate rules, 1932, and the res-pondent before us was an accountant, so enrolled, before he became a chartered accountant by the operation of the act. ..... the picture he was painting of himself was that, as an assessee to income and excess profits taxes and an appellant against certain assessments, he was not prepared to trust merely the open method of submissions made by competent representatives on the merits of the cases, as they were, but he was capable of trying to harness underground forces which he believed might be profitably brought under requisition for influencing the tribunal. ..... about a week before that or at least three or four days earlier, he had come to know that the respondent had let him down and he had been forced to seek the assistance of counsel on his own account at considerable expense to himself. .....
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