Judgment Search Results Home > Cases Phrase: majority act 1875 preamble 1 majority act 1875 Page 10 of about 10,094 results (0.148 seconds)

Hari Mohan Sharma Vs. Prabhulal Karsolia

Court : Rajasthan

Reported in : AIR2002Raj293; 2001(1)WLC709

..... candidate either is not qualified or is disqualified for being chosen to fill the seat under any of the following provisions that may be applicable, namely--articles 84, 102, 173 and 191, part ii of this act and sections 4 and 14 of the government of union territories act, 1963 (20 of 1963);(b) that there has been a failure to comply with any of the provisions of section 33 or section 34; or(c) that the signature of the candidate or the proposer on the nomination ..... perusal of the different paragraphs of the symbols order makes it manifest that they provide, as is made clear by its preamble, for specification, reservation, choice and allotment of symbols at elections in parliamentary and assembly constituencies as well as for the recognition of political parties in relation thereto and ..... mahendra singh gurjar to prove his authorisation and could have postponed the scrutiny for 24 hours as per the provisions of the act of 1951 and, even otherwise, the letter dated 6.11.1998, written by the president of the janta dal (sharad yadav) to the returning officer ..... to be one set up by a recognised political party and in a manner prescribed by para 13 of the symbols order, the privilege enjoyed by a candidate set up by a recognised political party as spelt out by a combined reading of section 33 of the act of 1951 with the provisions of the symbols order, is that his nomination paper is complete, inter alia, if proposed by an elector, (i.e. ..... known that overwhelming majority of the electorate .....

Ms. Krishna Mohini Vs. Mohinder Nath Sofat

Court : Supreme Court of India

Reported in : AIR2000SC317; JT1999(8)SC379; 1999(6)SCALE616; (2000)1SCC145; [1999]Supp4SCR76

..... the nomination paper of such a candidate is subscribed to by ten proposers being electors of the constituency within the meaning of first proviso to sub-section (1) of section 33 of the act, then the nomination paper cannot be rejected because an error or omission as regards symbol or choice thereof being a defect not of a substantial character, would not come in the ..... . perusal of the different paragraphs of the symbols order makes it manifest that they provide, as is made clear by its preamble, for specification, reservation, choice and allotment of symbols at elections in parliamentary and assembly constituencies as well as for the recognition of political parties in ..... . in exercise of the powers conferred by article 324 of the constitution read with section 29a of the representation of the people act, 1951 and rules 5 and 10 of the conduct of elections rules, 1961 and all other powers enabling it in this behalf, the election commission of india has issued the election ..... a candidate set up by a recognised political party, as spelt out by a combined reading of section 33 of the act with the provisions of symbols order, is that his nomination paper is complete, inter alia, if proposed by an ..... . the question of testing validity of nomination papers by reference to first proviso to sub-section (1) of section 33 of the act, did not arise at all for that prov'iso is confined in its application to the candidates set up or claiming to have ..... known that overwhelming majority of the .....

Kalpanaben Chandan Chatarji Vs. State of Maharashtra

Court : Mumbai

Reported in : 1994(2)BomCR256; 1994CriLJ2000; 1994(1)MhLj140

..... of a gazetted officer or a magistrate similarly, in the said case as in the present case, a question also arose whether there was a breach of the mandatory provisions of the section 57 of the ndps act, inasmuch as the accused was not informed about the grounds of his arrest and that the police who arrested him did not make a full report of the particulars of such arrest of seizure to his immediate ..... court in khandu sonu's case (supra), the division bench of this court, with respect, rightly came to the conclusion in abdul sattar's case (supra) that breach of sections 50 and 57 of the ndps act are procedural infirmities and such infirmities in the preceding investigation or in search or seizure do not vitiated the conviction of the accused unless invalidity or illegality has caused prejudice to him and the procedural infirmity would ..... has been held by the kerala high court that every breach of the condition cannot result in vitiating the conviction and trial; the plain language of sections 50, 52, 53, 55, 56 and 57 of the act leave no manner of doubt that they are mandatory provisions but in violation of these provisions per se will not vitiate the conviction unless prejudice thereby is caused to the accused and whether prejudice has been ..... before concluding, we would like to observe that looking to the preamble of the ndps act and the scheme of the various provisions, it is not possible to take a technical view that every procedural infirmity leads to vitiation of the trial, .....

Kesavananda Bharati Sripadagalvaru and ors.Vs. State of Kerala and anr ...

Court : Supreme Court of India

Reported in : AIR1973SC1461; (1973)4SCC225; [1973]SuppSCR1

..... virtually abrogate the "manner and form" of amendment laid down in article 368 by empowering the state legislatures and the parliament to take away important fundamental rights by an ordinary law passed by a simple majority; that it destroys by conclusiveness of the declaration the salient safeguard of judicial review and the right of enforcement of fundamental rights; and that, it enables the legislatures, under the ..... the preamble professed in unambiguous terms that it is the people of india who have adopted, enacted and "given to themselves this constitution"; that the constitution is being acted upon unquestioned for the last over twenty-three years and every power and authority is purported to be exercised under the constitution; and that the vast majority of the people have, ..... , unlike the french who, on the establishment of the third republic in 1875, framed a constitution in the hope that it will fail, since the majority of the constitution-makers were not republicans ..... which it was held that the provisions of section 13 of the lunatic asylums (ireland) act 1875 which prevented an accused person from appearing before the district court on the return date of ..... 1875, the date of his permanent employment, upto december 23, 1895; and upon his claiming to have his service reckoned up to august 16, 1902, was awarded a further gratuity of one penny in respect of each year subsequent to december 23, 1895, up to august 16, 1902, the date of the commencement of the public service act .....

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

..... in general in comparison to the conditions prevailing in other countries.24) indeed, it may not be out of place to state that this court while interpreting the provisions of indian companies act, which is modeled on english company s act has cautioned that the indian courts will have to adjust and adapt, limit or extend, the principles derived from english decisions, entitled as they are to great respect, suiting ..... the governor general in council or a local government, or any officer specially authorized in this behalf by the governor general in council, may (a) take temporary possession of any telegraph established, maintained or worked by any person licensed under this act; or (b) order that any message or class of messages to or from any person or class of persons, or 106 relating to any particular subject, brought for transmission by or transmitted or received by any telegraph, shall not be ..... such as adequate nutrition, clothing and shelter and facilities for reading, writing and expressing one-self in diverse forms, freely moving about and mixing and commingling with fellow human beings every act which offends against or impairs human dignity would constitute deprivation pro tanto of this right to live and it would have to be in accordance with reasonable, fair and just procedure ..... . the majority judgment in kharak singh (supra) then went on to refer to the preamble to the constitution, and stated that article 21 contained the cherished human value of dignity of the individual .....

Justice k.s.puttaswamy(retd) Vs. Union of India

Court : Supreme Court of India

..... a conjoint reading of the preamble to the act along with section 7 clearly discloses the legislative intent and the object of the act, which is to ensure that subsidy, benefit or service for which expenditure is incurred from or the receipt therefrom forms part of, the ..... of the states fourthly, the amendment of article 352 by the 44th amendment gives the council of states a most the declaration of emergency, because a proclamation of emergency must be approved by each house separately by majorities required for an amendment of the constitution fifthly, the executive power of the union is vested in the president of india who is not directly elected by the people but is elected by an electoral college consisting ..... some special powers, which are not even available to the lok sabha, under the constitution152: part e (i) article 249 of the constitution provides that rajya sabha may pass a resolution, by a majority of not less than two- thirds of the members present and voting to the effect that it is necessary or expedient in the national interest that parliament should make a law with respect ..... maximum period of one year but this period can be extended by one year at a time by passing a further resolution; (ii) under article 312 of the constitution, if rajya sabha passes a resolution by a majority of not less than two-thirds of the members present and voting declaring that it is necessary or expedient in the national interest to create one or more all india services common to the union and .....

Janhit Abhiyan Vs. Union Of India

Court : Supreme Court of India

..... no access to basic amenities such as shelter, hygiene, nutrition, or crucially, education (which has transformational value) are given a modicum of access to achieve basic goals which the preamble assures, and part iv provisions directs the state to achieve, therefore, is another dimension which parliament thought appropriate to achieve, while introducing the economic ..... by admission from amongst the backward classes of citizens and the scheduled castes and the scheduled tribes in private educational institutions is contrary to the preamble of the constitution which promises to secure to all citizens fraternity assuring the dignity of the individual and the unity and integrity ..... of the society to a small percentage of the seats in private educational institutions to achieve the constitutional goals of equality of opportunity and social justice set out in the preamble of the constitution, such a law would not be destructive of the right of the private unaided educational institutions under article 19(1)(g) of the constitution ..... the majority may be stated as under : - (1) golak nath case [air1967sc1643: (1967) 2 scr762: (1967) 2 scj486 is overruled; (2) article 368 does not enable parliament to alter the basic structure or framework of the constitution; (3) the constitution (twenty-fourth amendment) act, 1971, is valid; (4) section 2(a) and 2(b) of the constitution (twenty-fifth amendment) act, 1971 is valid; (5) the first part of section 3 of the constitution (twenty-fifth amendment .....

i.C. Golak Nath and ors. Vs. State of Punjab and anr.

Court : Supreme Court of India

Reported in : AIR1967SC1643; 1967(0)BLJR818; [1967]2SCR762

..... : 'an amendment of this constitution may be initiated only by the introduction of a bill for the purpose in either house of parliament, and when the bill is passed in each house by a majority of the total membership of that house and by a majority of not less than two-thirds of the members of that house present and voting, it shall be presented to the president for his assent and upon such assent being given to the bill, the ..... the act of settlement (1701), the act of union with scotland (1707), the act of union with ireland (1800), the parliament act (1911), the representation of the peoples acts of 1832, 1867, 1884, 1918, 1928 and 1948, the ballot act (1872), the judicature acts 1873, 1875 and 1925, the incitement to disaffection act (1934), his majesty's declaration of abdication act (1936), the regency act (1937) and the various acts setting up different ministries are examples ..... the state of madras : 1950crilj1383 : there can be no doubt that the people of india have, in exercise if their sovereign will as expressed in the preamble, adopted the democratic ideal which assures to the citizen the dignity of the individual and other cherished human values as a means to the full evolution and expression of his personality, and ..... providing for a division of berubari union between india and pakistan was outside the power of constitutional amendment and that the preamble to the constitution did not permit the dismemberment of india but preserved the integrity of the territory of india. .....

S.R. Bommai and Others Etc. Etc. Vs. Union of India and Others Etc. Et ...

Court : Supreme Court of India

Reported in : AIR1994SC1918; JT1994(2)SC215; 1994(2)SCALE37; (1994)3SCC1; [1994]2SCR644

..... proclamation could it be said that it would be unreasonable or mala fides exercise of power take another instance where the government of a state, although enjoying the majority support in the assembly, it has deliberately conducted, over a period of time, its administration in disregard of the constitution and the law and while ostensibly acting within the constitutional form, inherently flouts the constitutional principles and conventions as a responsible government or in secret collaboration with the foreign powers or ..... should not only reflect social and religious resilience but has also to provide a lead by holding forth the norms for continuity for its orderly march towards an ideal egalitarian social order envisioned in the preamble of the constitution the culture of the law, in the indian democratic republic, should be on secular lines ..... . notwithstanding the fact that the words 'socialist', and 'secular' were added in the preamble of the constitution in 1976 by the 42nd amenment, the concept of secularism was very much embedded in our constitutional ..... . even if we accept the reading of sri jethmalani, preamble is a key to the understanding of the relevant provisions of the ..... . in such a situation, the debate whether the preamble to the constitution is included within the words 'the provisions of this constitution' is really ..... though, at one time, it was thought that preamble does not form part of the constitution, that view is no longer .....

Supreme Court Advocates-On-Record Association and Anr. Vs. Union of In ...

Court : Supreme Court of India

..... judiciary, and having regard to the successful attempts made in pakistan to control the judiciary and having regard to the unfortunate results of the appointment of supreme court judges of the united states by the president subject to approval by congress, the majority decision of te supreme court of india in the advocates on record case marks a welcome assertion of the independence of the judiciary and is the best method of obtaining appointments of integrity and quality, a precedent method ..... and having regard to the successful attempts made in pakistan to control the judiciary, and having regard to the unfortunate results of the appointment of supreme court judges of the united states by the president subject to approval by congress, the majority decision of the supreme court of india in the advocates on record case marks a welcome assertion of the independence of the judiciary and is the best method of obtaining appointments of integrity and quality, a precedent method ..... insofar as the instant aspect of the matter is concerned, learned counsel invited our attention to the preamble of the njac act, which is reproduced below: an act to regulate the procedure to be followed by the national judicial appointments commission for recommending persons for appointment as the chief justice of india and other judges of the supreme court and chief justices and other ..... is in exercise of such power, the parliament of canada in 1875 by a statute, (the supreme and exchequer courts act, 1875[133 .....