Court : Punjab and Haryana
Reported in : AIR1991P& H231
..... the emoluments, allowances and privileges of the governor of the state are governed by the provisions of the governors (emoluments, allowances and privileges) act, 1982. ..... result in dismissal of the election petition without trial or the petitioner can be called upon to furnish further particulars of the corrupt practice alleged under section 86(5) of the representation of the people act which reads as under:--'the high court may, upon such terms asto costs and otherwise as it may deem fit, allow the particulars of any corrupt practice alleged in the petition to be amended or amplified in such manner as may in its opinion be necessary for ensuring a fair ..... indira nehru gandhi, air 1972 sc 1302, while interpreting sections 83 and 86(5) of the representation of the people act, in para 19 of the judgment, it was observed as under:--'from these two provisions, it follows that if the allegations made regarding a corrupt practice do not disclose the constituent parts of the corrupt practice alleged, the same will not be allowed to be proved and further those allegations cannot be amended after the period of limitation for filing an election petition; but the court .....
Tag this Judgment!Court : Supreme Court of India
..... article 59(3)5 specifies that the president shall be entitled to such emoluments, allowances and privileges as may be determined by parliament by law while article 158(3) specifies the same for the governor. ..... this appeal arises out of a writ petition that challenged the constitutional validity of certain amendments1 made to the salaries, allowances and pensions of members of parliament act, 1954 (hereinafter referred to as the act ). ..... substituted by act 16 of 1999 22 inserted by act 37 of 2010 effective from 1-10-2010 23 substituted by act 9 of 2004 effective from 15-9-2006 10 (i) (ii) (iii) (iv) the contrast in the language displayed in the various articles of the constitution dealing with the salaries and other allowances payable to the various constitutional office holders should necessarily lead to the conclusion that the constitution does not permit the payment of pension and other benefits to mps and ex mps; the framers of the constitution specifically denied pensionary benefits to the ..... for the purpose of this sub-section provisional parliament shall include the body which functioned as the constituent assembly of the dominion of indian immediately before the commencement of the constitution 20 inserted by act 40 of 2006 effective from 15-9-2006 9 as originally enacted provided that an mp, to be eligible for pension must have completed four years of tenure in parliament. .....
Tag this Judgment!Court : Supreme Court of India
..... article 59(3)5 specifies that the president shall be entitled to such emoluments, allowances and privileges as may be determined by parliament by law while article 158(3) specifies the same for the governor. ..... this appeal arises out of a writ petition that challenged the constitutional validity of certain amendments1 made to the salaries, allowances and pensions of members of parliament act, 1954 (hereinafter referred to as the act ). ..... substituted by act 16 of 1999 22 inserted by act 37 of 2010 effective from 1-10-2010 23 substituted by act 9 of 2004 effective from 15-9-2006 10 (i) (ii) (iii) (iv) the contrast in the language displayed in the various articles of the constitution dealing with the salaries and other allowances payable to the various constitutional office holders should necessarily lead to the conclusion that the constitution does not permit the payment of pension and other benefits to mps and ex mps; the framers of the constitution specifically denied pensionary benefits to the ..... for the purpose of this sub-section provisional parliament shall include the body which functioned as the constituent assembly of the dominion of indian immediately before the commencement of the constitution 20 inserted by act 40 of 2006 effective from 15-9-2006 9 as originally enacted provided that an mp, to be eligible for pension must have completed four years of tenure in parliament. .....
Tag this Judgment!Court : Gujarat
Reported in : (1986)2GLR1240
..... without payment of rent to the use of his official residence and shall be also entitled to such emoluments, allowances and privileges as may be determined by parliament by law and until provision in that behalf is so made, such emoluments, allowances and privileges as are specified in the second schedule, article 165(3) states that the advocate general shall receive such remuneration as the governor may determine and article 195 deals with salaries and allowances of the members of the legislative assembly and in all these articles, according to the party-in-person, there ..... bhatt, the party-in-person, submitted that even though the constitution under article 59(3) speaks only of such emoluments, allowances and privileges as will be determined by parliament available to the president of india, the president's pension act, 1951 goes against the constitutional provisions, but he says he is not concerned with regard to the payment of pension to the ..... of the argument is that the constitution has provided certain emoluments specifically for certain functionaries and that the present act enabling the state government to pay pension to the members of the legislative assembly will go against the spirit and substance of the constitutional provisions. ..... contended that by implication there is an ouster of payment of pension to the members of the legislative assembly and as such the act enabling the payment of pension to the members of the legislative assembly is ultra vires the constitution. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1982Raj67; 1981()WLN290
..... the oath prescribed for the governor and for a person discharging the functions of the governor is different but it entitles the incumbent the same emoluments, allowances and privileges as that of the governor, whose functions he discharges and for whom he acts. ..... he enjoys certain powers and privileges of the office of the governor and this is likely to influence the mind of the chief justice prejudicially in favour of the government ..... cannot be said to continue to hold the office of the chief justice for the time being, while he discharges the functions of the governor and as such it cannot be held that he suffers from the disqualification provided under article 158(2) of the constitution. 10. ..... the second limb of the argument of the petitioner is that by virtue of the appointment of the chief justice to discharge the functions of a governor of a state the executive can remove the chief justice without following the procedure provided under sub-clause (4) of article 124 of the constitution which amounts to an encroachment of the executive on the ..... , pages 261-262, constituent assembly debates, lord goddard's judgment reported in (1953) 2 all er 490 and various provisions of the constitution, i have held that the governor of a state holds office during the pleasure of the president, the president's pleasure contemplated in article 156 of the constitution is ..... union of india decided on august 28, 1981, (reported in air 1982 raj 1) wherein after making reference to the book of mr. h.m. .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1982Raj1; 1981()WLN198
..... schedule ii part a sub-clause (4) further provides that a person discharging the functions of the governor shall be entitled to the same emoluments, allowances and privileges as the governor whose functions he discharges or for whom he acts. ..... further contends that the party in power controlling the union government is at loggerheads with the government of west bengal and is seeking an opportunity to dissolve the west bengal assembly; and as the governor of west bengal is not amiable to the control of the central government, the government of india is conceiving and planning the dismissal of the governor of west bengal with a view to send there a governor, who may make a report against the government of west bengal as desired by the union government ..... the petitioner further avers that up to the year 1980 the provisions of article 156(3) were always treated as mandatory and all the governors appointed to discharge the functions of that high office were allowed to hold office for a term of live years. ..... he entered the office of the governor of rajasthan on may 12, 1977; and his five years' term will end on may 11, 1982. ..... 4 shri raghukul tilak as governor of rajasthan up to may 11, 1982;(ii) to issue a writ, order or direction in the nature of quo warranto. ..... 4, shri raghukul tilak, as governor of rajas-than up to may 11, 1982, suffice it to say that in the writ petition there is no specific assertion to the effect that in the interest of justice the respondents nos. .....
Tag this Judgment!Court : Supreme Court of India
..... be a whole-time officer of the university and shall be entitled to such emoluments, allowances and privileges as may be prescribed by the statutes. ..... an earlier law made by parliament or an existing law with respect to that matter, then, the law so made by the legislature of such state shall, if it has been reserved for the consideration of the president and has received his assent, prevail in that state: provided that nothing in this clause shall prevent parliament from enacting at any time any law with respect to the same matter including a law adding to, amending ..... , subject to the provisions of clause ( 2 ), the law made by parliament, whether passed before or after the law made by the legislature of such state, or, as the case may be, the existing law, shall prevail and the law made by the legislature of the state shall, to the extent of the repugnancy, be void (2) where a law made by the legislature of a state with respect to one of the matters enumerated in the concurrent list ..... retrospective effect, under section 25 of the principal act before the commencement of this act shall be deemed to have been invalid or ever to have been invalid merely on the round that such rule was made with retrospective effect and accordingly every such rule and every action taken or thing done thereunder shall be as valid and effective as if the provisions of section 25 of the principal act, as amended by this act, were in force at all material times when ..... -(1) the governor of tamil nadu shall be .....
Tag this Judgment!Court : Rajasthan
Reported in : AIR1978Raj72
..... he is entitled under clause (3) of article 158 to such emoluments, allowances and privileges as may be determined by parliament by law and such emoluments are guaranteed during the tenure of his office.78. ..... this contention was repelled by the supreme court of canada and it was held that a lieutenant governor of a province is constitutional head of the executive of his province as the governor general is the head of the dominion and each province has been assigned rights and obligations and in the fulfilment of these obligations they are sovereign in their respective fields and have their own government empowered to enact and enforce laws.in re the initiative and referendum act, 1919 ac 935 at page 942, it has been held :'the ..... scheme of the act passed in 1'867 was thus, not to weld the province into one .....
Tag this Judgment!Court : Kolkata
Reported in : (1962)IILLJ452Cal
..... the tribunal has not specified those emoluments and privileges. ..... now that this court has held that they must not be so absorbed, the basis on which the workmen became entitled to pay and dearness allowance according to the rate of pay and dearness allowance in the calcutta corporation no longer exists, and the computation should not be made on that basis.14. ..... having decided issue (3) in the aforesaid manner, the fifth industrial tribunal disposed of issue (1) as follows:i allow, however, basic pay and dearness allowance on the same scale as the other permanent unskilled workmen of the calcutta corporation do get at present, having of course, the same status.4. ..... thus, if the award had stood, then the computation of the pay and allowances should have been made as against the calcutta corporation, which was directed to absorb the workmen. mr. ..... the material portion of the order, which is dated 8 september 1960, is bet out below:now, therefore, in exercise of the power conferred by sub-section (2) of section 33c of the industrial disputes act, 1947 (xiv of 1947), the governor la pleased hereby to specify the second labour court constituted by notification no. ..... this grievance raised an industrial dispute; and on 29 february 1956, the state government made an order, in exercise of its powers under section 10 of the industrial disputes act, making a reference of the following issues to the fifth industrial tribunal, west bengal, for adjudication:(1) basic pay and dearness allowance. .....
Tag this Judgment!Court : Chennai
Reported in : AIR1986Mad290
..... 59(3) and 65(3) which provide for the emoluments, allowances and privileges of the president and the vice-president of india, as also art. ..... the proviso says that the rules made under this clause shall, so far as they relate to salaries, allowances, leave or pension, require the approval of the governor of the state. ..... 34 may be provided for by law made by parliament; and(2) for prescribing punishment for those acts which are declared to be offences under this part;and parliament shall, as soon as may be, after the commencement of this constitution, make laws for prescribing punishment for the acts referred to in sub-cl. (ii)'. ..... 12-b of the act was first introduced by the tamil nadu payment of salaries (second amendment) act 1975 and which has been amended from time to time, reads today as follows: -section 12-b. ..... 12-b of the tamil nadu payment of salaries act 1951 suffer from any constitutional invalidity. ..... 12-b of the act falls squarely within the scope of entry 42 in list 11, and the state legislature was therefore competent to enact s. ..... (3) enables the state government to make rules providing for the conditions and restrictions subject to which such pension may be granted under the act. ..... 12b of the tamil nadu payment of salaries act 1951 (tamil nadu act xx of 195 1) (hereinafter referred to as the act). ..... 12-b of the act, except the substantive provision contained in s. ..... 12-b of the act. ..... 12b of the act. ..... 12-b of the act. .....
Tag this Judgment!