Court : Supreme Court of India
Reported in : AIR1970SC2097; (1970)2SCC567; [1971]2SCR197
..... parties since the bangalore session of the congress came to the surface early in august 1969, the decisive factor being smt. tarkeshwari sinha's article in the search light suggesting a move to throw out the prime minister. according to sri gujral many people were of the view that the congress president sri nijalingappa had tried to ..... the charges leveled against them. mr. daphtary's argument seemed to suggest that the petition and the particulars thereof supplied later were to be considered in the same light as the first information report in a criminal case and the court should weigh the evidence given at the hearing in the same way as in a criminal ..... , who opposed the candidates supported by the two organisations (which issued the pamphlets), would not be forgotten nor spared. the court then proceeded to hold :-in the light of propaganda of this nature carried on before the polling days, it is impossible to view the assault as an isolated incident nor can it be legitimately argued that .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)
..... a constitutional principle, reference to analogous constitutional provisions may be of great value in shaping the statute to accord with the statutory aim or objective.article 14 sheds the light to public policy to curb arbitrariness.26a. in basheshar nath v. the commissioner of income-tax and anr. [1959] su. 1 scr 528 s.r. das, ..... possibility of the powers conferred being improperly used is no ground for pronouncing the law itself invalid and similarly if the law properly interpreted and tested in the light of the requirements set out in part iii of the constitution does not pass the test it cannot be pronounced valid merely because it is administered in a ..... the purposes thereof, the mischief which it intended to suppress and the other provisions of the statute, and construe the language of section 3 (d) in the light of the indications furnished by them.207. having regard to the circumstances, it was held that the law which the state legislatures moved parliament to enact under article .....
Tag this Judgment!Court : Orissa
Reported in : AIR1980Ori122
..... therefore, has no merit and tails. 11. as regards the 6th contention it is argued that the objections relating to the adequacy of the scheme in the light of the objective set out in section 68-c have been summarily rejected without considering the same on merit and substantial objections have been rejected on irrelevant considerations. ..... advanced before the chief minister in sufficient detail. the limited question with which we are concerned is, whether the objections were considered and dealt with in the light of the object intended to be secured by the scheme and the order made by the chief minister demonstrates that there was such consideration of those objections. for ..... have been summarised and the grounds on which those objections have been sought to be founded have also been noticed in para 7. considering them in the light of the judicial decisions the minister has come to the conclusion that the objectors havefailed to discharge the onus of proving that the scheme is not a properly .....
Tag this Judgment!Court : Mumbai
Reported in : 2005(6)BomCR574; (2005)107BOMLR337; (2006)4CompLJ117(Bom)
..... of town planning legislations has been the provision for, and protection of, public open spaces. the legislative policy of the mrtp act is to be determined in the light of the directive principles of state policy, and harmonious with international treaties, to the extent possible.17. mr. chagla, very strongly contended that for the survival ..... or of enabling the sick and closed textile mills to be revived and rehabilitated. the petitioners further contend that if the petitioners' contention is understood in this light, the construction as proposed by the petitioners to dcr 58(1)(b) would release larger areas as being available for public parks and public housing and ..... of enabling the sick and closed textile mills to be revived and rehabilitated. the petitioners further contend that if the petitioners' contention is understood in this light, the construction as proposed by the petitioners to dcr 58(1)(b) would release larger areas as being available for public parks and public housing and .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1990AP20
ORDER1. In the elections held to the Legislative Assembly of the Stale of Andhra Pradesh in early 1983, and again in late 1984, the Telugu Desam Party, headed by Sri N. T. Rama Rao (hereinafter referred to as 'the Respondent'), captured a majority of seats. Sri N. T. Rama Rao became the Chief Minister. The term of the Legislative Assembly is coming to an end in or about Dec., 1989/March, 1990.2. In Jan., 1987, the respondent made a statement that he is going to act in a Telugu movie, styled 'Brahmarishi Viswamithra' as 'Viswamithra'. Immediately thereupon, W.P. No. 310/1987 was filed seeking issuance of a writ of mandamus 'restraining the respondent herein from enacting in any films including'Brahmarishi Viswamithra'while in office as the Hon'ble Chief Minister of Andhra Pradesh as he is a 'public servant' of State of Andhra Pradesh .......'. The petitioner is a practising advocate at Narasarao-pet. He is an elector and also the Organizing Secretary of District Youth Congress, Guntur D...
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC3240; 2003(5)ALD39(SC); 106(2003)DLT350(SC); JT2003(7)SC446; 2003(6)SCALE831; (2003)7SCC589
..... and to call in aid other well-recognised rules of construction, such as its legislative history, the basis scheme and framework of the statute as a whole, each portion throwing light, on the rest, the purpose of the legislation, the object sought to be achieved, and the consequence that may flow from the adoption of one in preference to the other ..... other words, the legislative intention i.e the true or legal meaning of an enactment is derived by considering the meaning of the words used in the enactment in the light of any discernible purpose or object which comprehends the mischief and its remedy to which the enactment is directed.' 104. in state of a.p. v. mc. dowell company : [1996 .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1
..... directives. the fundamental rights themselves have no fixed content; most of them are mere empty vessels into which each generation must pour its content in the light of its experience. restrictions, abridgement; curtailment, and even abrogation of these rights in circumstances not visualized by the constitution-makers might become necessary; their ..... was framed and adopted. the court should look to the nature and object of the particular powers, duties and rights in question with all the light and aids of the contemporary history. fourth, proceedings of conventions and debates are of limited value as explaining doubtful phrases. similarly, the opinions of ..... 1949, do hereby adopt, enact and give toourselves this constitution. it may be mentioned that this preamble and indeed the whole constitution was drafted in the light of and directions contained in the "objectives resolution" adopted on january 22, 1947.521. according to granville austin (cornerstone of a nation (indian constitution) by .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1978SC597; (1978)1SCC248; [1978]2SCR621
..... their extraterritorial application does not arise.160. in order to decide this question, i may consider the various provisions of the constitution, which throw some light on this point. the preamble to the constitution provides that the people of india have solemnly resolved to constitute india into a sovereign socialist secular democrative ..... deprived of his life or personal liberty except according to procedure established by law.micro-phrases used in national chatters spread into macro-meanings with the lambent light of basic law. for our purposes, the key concepts are 'personal liberty' and 'procedure established by law'. let us grasp the permissible restraints on ..... conditions in which every human being can develop his personality to the fullest extent. they weave a ''pattern of guarantees on the basic-structure of human lights' and impose negative obligations on the state not to encroach on individual liberty in its various dimensions. it is apparent from the enunciation of these .....
Tag this Judgment!Court : Kolkata
..... prior to 44th amendment with effect from 10th june 1979 have become irrelevant. mr. pal in his reply submitted that a consideration of legislative history throws light on the interpretation of the constitution as it stands today. it is of significance that in the cases decided by the supreme court after the 44th amendment ..... legal maxims, fourth edn. 1993 page 103) g.p. singh, in his principles of statutory interpretation (13th edn. 212) says:contemporary official statements throwing light on the construction of a statute and statutory instruments made under it have been used as contemporanea exposition to interpret not only ancient but even recent statutes both in ..... for the language employed;(c) the court should consider that the act made by the legislature represents the will of the people and that cannot be lightly interfered with;(d) the court should strike down the act only when the unconstitutionality is plainly and clearly established;(e) the court must recognize the fundamental .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1977Bom99
..... operates upon that class. explanation added to this section shows that 'pleader' includes an advocate, attorney, vakil or any other legal practitioner. the explanation throws light on the term 'pleader' used in the main part of the section. it was not even countered by the learned advocate-general that by 'pleader' ..... though undoubtedly punctuation is a minor element in the construction of the statute, sometimes if the statute is carefully punctuated its considerations assume importance and throw light on the intention of the makers of the statute.113. comma here, after the preposition 'by' appears to have been used with purpose to ..... independent interpretation uncontrolled by the considerations of the other articles unless context or necessity of interpretation requires otherwise. undoubtedly aid of other articles may throw light upon the intent expressed by the constitutional terms, but the rule primordial is that each article in constitutional document should be read plainly should receive .....
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