Court : Punjab and Haryana
Reported in : AIR1959P& H240
..... generality of theprovisions of this clause arty such person as isreferred to therein who-- (i) threatens any candidate, or any elector, or any person in whom a candidate or an elector is interested, with injury of any kind including social ostracism and excommunication or expulsion from; any caste or community; or(ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure or spiritual censure, shall be deemed ..... partap singh, naginder singh and shri parshotam singh to the followers of the two gurus in the constituency, or that while conveying the farmans of the gurus they threatened the followers with expulsion from the sect if they (the followers) went against the wishes of the gurus in the matter, except what naginder singh said in the diwans at sirsa and other places.the learned counsel ..... that maharaj partap singh's farman did necessarily imply divine displeasure and spiritual censure for those who would choose to disobey the farman with the result that the provisions of sub-section (2) of section 123 of act xliii of 1951 are attracted.in this connection it is noteworthy that the poster, exhibit p.2, does not contain any reason as to why it is the paramount duty of the namdharis of sirsa to whom ..... in the reported case was made to certain observations in parker's election agent and returning officer, 1950 edition, at page 305, and tocertain other english cases. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1954SC229; 1954CriLJ712; [1954]1SCR933
..... of an indian citizen being guilty of serious prejudicial acts such as espionage and disloyalty to his country in which case he may render himself liable to the gravest penalty which the government may think fit by law to impose upon him but it would be repugnant to all notions of democracy and opposed to the fundamental rights guaranteed in part iii of the constitution to order his expulsion from the country, for to hold otherwise would be tantamount ..... urged by the solicitor-general that a citizen of india who returns to the country without a permit or without a valid permit commits such a grave offence as to justify his expulsion from the country. ..... side of the border take steps under the rules to obtain valid permanent permits upon proof of their citizenship of india and if such permits were illegally withheld from them they could move the appropriate high court under article 226 or even this court under article 32 while they were outside india and might, on proof of ..... but to say that if he enters the country without a permit or on an invalid permit or commits a breach of any of the conditions of the permit he may, on conviction for such offence, be ordered to be removed from the country is tantamount to taking away his fundamental right guaranteed under article 19(1)(e), 'to reside and settle in any part of the territory of india. ..... 1950, he was prosecuted under section 5 of act xxiii of 1949 for having obtained a permit which was not in accordance with the provisions of the act ..... 1950 .....
Tag this Judgment!Court : Chennai
Reported in : AIR1957Mad269
..... the last surviving coparcener hayavadana or at least to one-half of the joint family properties as the widow of hayavadana, has been making claims to these joint family properties and on account of her being resisted from getting possession of the family properties by the daughters of ananda rap and the widow of ramakrishnaya who were sailing together, gave a lawyer's notice to them on 13-4-1949 and had followed it with two suits viz. ..... (as he then was) has had to deal with a case of re-union which was not evidenced by any contemporaneous documentary evidence but had to be deduced from subsequent conduct and the learned judge held that in the absence of subsequent acts or transactions pointing to a re-union with the son after he became a major, the mere fact of the parties having lived together cannot be relied upon ..... 1 to 6 of the properties described in plaint schedules b to d with past mesne profits from 13-2-1949 to 13-3-1950; (2) for a declaration that the plaintiff is entitled to collect the outstandings mentioned in plaint schedule e, (3) to direct the defendants 1 to 6 to deliver to the plaintiff ail the fixed deposit receipts mortgage deeds, title ..... commissioner of income-tax madras' : [1950]18itr225(mad) , the facts were: a person whowas assessed in respect of a business as karta of an undivided hindu family died leaving six minor ..... 299 of 1950, d/- 15-7-1955 (mad) (z74), wherein it was held that there is no survivorship to the widow of the rights of ..... 1950 and ..... 1950 ..... 1950 ..... 1950 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1957P& H244; 1957CriLJ1173
..... magistrate, to decide to issue a summons to such a person, with respect to whom the information has been received, requiring him to appear and show cause why he should not be removed from the cantonment and be prohibited from re-entering it;fourthly, along with the summons issued to such a person a copy of the record of the information received has also to be served on him;fifthly, when such a person ..... is a person of any kind described in sub-section (1) and that it is necessary or the maintenance of good order in the cantonment that such person should be required to remove therefrom and be prohibited from re-entering the cantonment, the magistrate shall report the matter to the officer commanding the station, and, if the officer commanding the station, so directs, shall cause to be served on such person an order ..... described in sub-section (1), the magistrate may still be pursuaded to believe, that it is not really necessary for the maintenance of good order in the cantonment, to direct his removal from the cantonment.if, after having availed himself of the opportunity of putting his case before the magistrate,, the latter still orders removal and prohibits his re-entry, without obtaining the permission of the ..... (bihar act iii of 1950) was impugned, an order was passed by the government of bihar restricting the petitioner's movements by forbidding him from going ..... act in this case the person who is proposed to be removed has an ample opportunity to show cause against his expulsion .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1968P& H416; 1968CriLJ1199
..... (2): the first proviso clarifies that, without prejudice to the generality of the provisions of the definition of 'undue influence', threat to any person with injury of any kind including social ostracism and excommunication or expulsion from any caste or community and inducing to believe that a person would be rendered an object of divine displeasure shall be deemed to be interference with the free exercise of the electoral right of a candidate or elector, as the ..... such a promise cannot possibly be deemed to be an offer of a gratification to any of the voterswithin the meaning of the word 'gratification' as used and defined in section 123(1) of the representation of the people act'.the learned counsel, therefore, urged that if as in the above mentioned cases, a promise by the candidate to get allotments made to baliawalpuri refugees changed to sirsa and get their valuation of land left by them in pakistan raised; ..... words defined in the act of 1950 and not in the act of 1951, shall have the same meaning as in that act unless 'the context otherwise requires' and that the context in this clause (a) by using the words 'to any person whomsoever' clearly indicates a contrary indication and the word 'person', as used here, cannot ..... hand, the argument of the learned counsel for the petitioner was that in the first place the definition of 'person', as given in the act of 1950. ..... the learned counsel referred to the definition of 'person' is given in the representation of the people act, 1950. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1953Bom223; (1953)55BOMLR185; ILR1953Bom752
..... as there would be, after the passing of the indian independence act, no restriction on the powers of the dominion legislature to legislate with respect to the admission into, and emigration or expulsion from, india even with respect to the indian nationals or persons domiciled in the dominion of india, there would be no restriction on the powers of the governor-general to legislate in a ..... section 42 does use the words 'the power of the dominion legislature under this act', we are inclined to take the view that what is meant thereby is powers under the government of india act, as modified or extended by the indian independence act, and that therefore by the words 'under this act' it was not intended to exclude from the purview of the legislation by the governor-general the powers with respect to subjects ..... (1) of this section, each of the new dominions and all provinces and other parts thereof shall be governed as nearly as may be in accordance with the government of india act, 1935', and then the sub-section goes on to specify as follows: 'the provisions of that act, and of the orders in council, rules and other instruments made thereunder, shall, so far as applicable, and subject to any express provisions of this ..... state', air 1950 mad 17; here the learned judges had to consider the applicability of influx from west pakistan (control) ordinance, 17 of 1948 to the state of madhya bharat and the learned judges took the view that the united states of madhya bharat had accepted the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1996AP336; 1996(2)ALT824
..... his agent or, by any other person with the consent of a candidate or his election agent, any assistance other than the giving of vote for the furtherance of the prospects of that candidate's election, from any person in the service of the government and belonging to any of the following classes, namely :-- (a) gazetted officers; (b) stipendiary judges and magistrates; (c) members of the armed forces of the union; ..... section 29 for the poll : provided that the hiring of a vehicle or vessel by an elector or any several electors at their joint costs for the purpose of conveying him to them to and from any such polling station or place fixed for the poll shall not be deemed to be a corrupt practice under this clause if the vehicle or vessel so hired is a vehicle or vessel not propelled ..... such person as is referred to therein who- (i) threatens any candidate or any elector, or any person in whom a candidate or any elector is interested, with injury of any kind including social ostracism and ex-communication of explusion from any caste or community; or (ii) induces or attempts to induce a candidate or an elector to believe that he, or any person in whom he is interested, will become or will be rendered an object of divine displeasure ..... which is added by the above amending act acknowledges the existence of political parties and sets out the circumstances when a member of parliament or of the state legislature would be deemed to have defected from his political party and would thereby ..... 1950 .....
Tag this Judgment!Court : Allahabad
Reported in : AIR1972All413
..... of liability and even if any of them did, the same was of no consequence as the letters were written by the assistant general manager, who was not the person authorised under section 19 of the limitation act and were insufficient to bind the statealso otherwise as they were not made and authenticated in accordance with the provisions of article 166 of the constitution. 4. ..... which the parties contested the claim in the court below was on the interpretation of section 19 of the limitation act and not on the ground that the letters do not fulfil the requirements of article 166 of the constitution. ..... effect from 1-11-1950 and a fresh increment certificate was issued raising the pay again with effect from ..... the letter written by the assistant general manager on 6-2-1958 which was exhibit 7 in the case was an acknowledgment within the meaning of section 19 of the limitation act and it saved the limitation for the entire claim. ..... the court below, therefore, that this letter amounted to an acknowledgment within the meaning of section 19 of the indian limitation act cannot be said to be erroneous. 7. ..... accept the contention about bar of limitation and held that the suit for the entire claim was within limitation as the limitation was saved by virtue of section 19 of the indian limitation act, 1908. ..... who was authorised to purchase and pay for all things required for the house of raja himself and his house-hold could make acknowledgment within the meaning of section 19 of the indian limitation act. .....
Tag this Judgment!Court : Mumbai
Reported in : AIR1966Bom54; (1965)67BOMLR544
..... item 19 of list i reads:'admission into, and emigration of and expulsion from india, passport and visas'article 73 of the constitution defines the extent of the executive power of the indian union, and provides inter alia, that the executive power of the union shall extend 'to ..... country is tantamount to taking away his fundamental right guaranteed under article 19(1)(e) ' to reside and settle in any part of the territory of india'.in a later part of the judgment , his lordship observed with reference to s.7 of the act :' a law which subjects a citizen to the extreme penalty of a virtual forfeiture of his citizenship upon conviction for a mere breach of the permit regulations or upon a reasonable suspicion of having committed such a breach can hardly be ..... that conclusion , ghulam hasan j, who delivered the majority judgment , observed , in the first place , that the provision in s.3 of the act requiring an indian citizen to have a permit or a passport to be able to enter india from pakistan could be regarded as a reasonable restriction upon his right to enter the country. ..... that the is law debarring exit without a passport as i have already pointed out there are rules made under the passport act which debar a person from making his re - entry into this county unless he is equipped with a passport. ..... 3 of the indian passport act 1920 and rules 1950 applied to all person including ..... may next by made to the indian passport act, 1920, and the indian passport rules, 1950, issued thereunder. .....
Tag this Judgment!Court : Mumbai
Reported in : 1992(1)BomCR610
..... illj437sc , in which the infringement of the regulation framed by the state transport corporation which was an autonomous statutory corporation formed under the road transport corporations act, 1950 as also the infringement of the principles of natural justice was held to attract the writ jurisdiction of the high court under article 226 of the constitution ..... such an extent with the conduct of the departmental enquiry before the enquiry officer by presenting written briefs and by examining witnesses for the enquiry including himself that he has incapacitated himself from acting as disciplinary authority without prejudice or partisanship against the petitioner, in this regard there is a reasonable suspicion in the mind if the enquiry officer also who has suggested that the ..... became a multi state co-operative society within the meaning of section 2 of the multi state co-operative societies act, 1984 (hereinafter referred to as the act) which came into force with effect from 16-9-1985 by the notification of the central government issued in that regard after having received the ascent of the ..... issue directions to any multi-state co-operative society generally or to any class of multi-state co-operative societies or to a multi-state co-operative society in particular, the central government may issue directions to them or to it, from time to time, and all such multi-state co-operative societies or the society concerned, as the case may be, shall be bound to comply with such directions. 34. .....
Tag this Judgment!