Judgment Search Results Home > Cases Phrase: monasteries dissolution acts english Page 1 of about 144 results (0.017 seconds)

Jogendra Nath Hazarika Vs. State of Assam and ors.

Court : Guwahati

..... punjab, air 1974 sc 2192, the following relevant propositions emerge:(1) our constitution embodies parliamentary or cabinet form of government on the british model for the union as well as for the states; (2) the fundamental principles of english constitutional law that the sovereign does not act on its own responsibility but on the advice of the ministers who accept responsibility and command the confidence of the house of commons, have been embodied in our constitution. ..... except insofar as the governor is by or under the constitution required to exercise his function in his discretion; if any question arises as to whether any matter is not a matter in respect of which a governor is by or under the constitution required to act in his discretion, the decision of the governor in his discretion shall be final and the validity of anything done by the governor shall not be called in question on the ground that he ought or ought not to have ..... ministry still retains the confidence of the house of commons, but the crown has reason to believe that the house no longer represents the sense of the electorate, the dismissal of the ministry or the dissolution of parliament, would be constitutional........ ..... without being dogmatic or exhaustive, these situations relate to (a) thechoice of prime minister (chief minister), restricted though the choice is by the paramount consideration that he should command a majority in the house, (b) the dismissal of a government, (c) the dissolution of the house. .....

M.P. Special Police Establishment Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : 2003CriLJ4610; 2003(3)MPHT9; 2003(2)MPLJ204

..... though this choice is by the paramount consideration that he should command a majority in the house; (b) the dismissal of a government which has lost its majority in the house but refuses to quite office; (c) the dissolution of the house where an appeal to the country is necessitous, although in this area the head of state should avoid getting involved in politics and must be advised by his prime minister (chief minister) who will eventually ..... the other hand the learned counsel for the respondents has argued that the view taken by the single bench is legally and constitutionally correct and the governor cannot act 'in his discretion' in the matter of grant of sanction for prosecution of the ministers and he is bound by the advice and the council of ministers even ..... view has not been expressed in the traditional way of adopting the interpretative process by tracing the source of power in the governor to act in his discretion in such a matter by examining the relevant articles in the constitution or resorting to any constitutional convention. ..... satisfied that the concession was made to advance the cause of justice as it was rightly thought that in deciding to sanction or not to sanction the prosecution of a chief minister, the governor would act in the exercise of his discretion and not with the aid and advice of the council of ministers. ..... -wheeling is available regarding choice of chief minister and dismissal of the ministry, as in the english practice adapted to indian conditions. .....

S. Dharmalingam Vs. His Excellency Governor of the State of Tamil Nadu ...

Court : Chennai

Reported in : AIR1989Mad48

..... in clause (1) as follows : --'the president or the governor or rajpramukh of a state, shall not be answerable to any court for the exercise and performance of the powers and duties of his office or for any act done or purporting to be done by him in the exercise and performance of those powers and duties; provided that, the conduct of the president may be brought under review by any court, tribunal or body appointed or ..... page 21 :-'a suggestion was made in the constituent assembly that to guard against arbitrary advice by the prime minister for the dissolution of lok sabha it might be enactedthat in case the prime minister desired the dissolution of the house earlier than the completion of the normal term of five years, as provided in the constitution, he should ..... in the constitution itself to read into article 164(1) a condition or restriction that the governor must act on the advice of a council of ministers as provided in article 163(1) in the matter of appointment ..... (b) it was laid down-'article 361 affords immunity not only in respect of the exercise of and performance of the powers and duties of the office but also in respect of 'any act done or purporting to be done by him' in the exercise and performance of these powers and duties. ..... the learned judge observedafter referring to the english conventions that-'thus it will be seen that even in the unwritten constitution of england, the sovereign is given a certain amount of discretion in the choice of the prime minister because .....

Rajendra Kumar Singh and Etc. Vs. State of Madhya Pradesh and ors.

Court : Madhya Pradesh

Reported in : 1999CriLJ2807

..... choice is by the paramount consideration that he should command a majority in the house; (b) the dismissal of a government which has lost its majority in the house, but refuses to quit office; (c) the dissolution of the house where an appeal to the country is necessitous, although in this area the head of state should avoid getting involved in politics and must be advised by his prime minister (chief minister) who ..... person who is or was a judge or magistrate or a public servant not removable from his office save by or with the sanction of the government is accused of any offence alleged to have been committed by him while acting or purporting to act in the discharge of his official duty, no court shall take cognizance of such offence except with the previous sanction--(a) in the case of a person who is employed or, as the case may be, was at the time ..... ;(b) to grant or not to grant sanction for prosecution is a statutory function and not constitutional function;(c) sanction lifts the bar of prosecution;(d) doctrine of necessity not necessarily applies in case of constitutional function in which governor is to act on his own discretion but may also apply in case of statutory functions;(e) as a rule of universal application it cannot be said that in every case relating to sanction of prosecution of ex-ministers doctrine of necessity applies and decision ..... , regarding choice of chief minister and dismissal of the ministry as in the english practice adapted to indian conditions.27. .....

The State Of Punjab Vs. Principal Secretary To The Governor Of Punjab

Court : Supreme Court of India

..... . 25 the genesis of the controversy has required the intervention of this court at two distinct levels: first, to ensure that the constitutional duty of the governor to act on the aid and advice of the council of ministers to summon the legislative assembly is fulfilled without delay or demur; and second, to ensure that the obligation of the chief minister to furnish information to the governor in terms of article ..... wp(c) 302/2023 5 11 the government of punjab seeks (a) a declaration that the governor of punjab is duty bound to act on the aid and advice of the council of ministers in matters of summoning or proroguing of the vidhan sabha of the state of punjab; (b) a writ of certiorari quashing the communication of the governor dated 23 february 2023 stating that a decision on the ..... . it is a fundamental principle of english constitutional law that ministers must accept responsibility for every executive act ..... . sessions of the state legislature, prorogation and dissolution ..... . this rule of english constitutional law is incorporated in our constitution ..... . in england the sovereign never acts on his own responsibility .....

Shayara Bano Vs. Union of India and Ors. Ministry of Women and Child D ...

Court : Supreme Court of India

..... void, offending articles 13, 14 and 15 of the constitution; (c) to declare that the mere fact that a muslim husband takes more than one wife is an act of cruelty within the meaning of clause viii (f) of section 2 of dissolution of muslim marriages act, 1939; (d) to declare that muslim women (protection of rights on divorce) act, 1986 is void as infringing articles 14 and 15; (e) to further declare that the provisions of sunni and shia laws of inheritance which discriminate against females ..... save questions relating to agricultural land) 57 58 59 284 regarding intestate succession, special property of females, including personal property inherited or obtained under contract or gift or any other provision of personal law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and wakfs (other than charities and charitable institutions and charitable and ..... 20. before we bid farewell to fuzlunbi it is necessary to mention that chief justice baharul islam, in an elaborate judgment replete with quotes from the holy quoran, has exposed the error of early english authors and judges who dealt with talaq in muslim law as good even if pronounced at whim or in tantrum, and argued against the diehard view 63 64 65 295 of batchelor, j.that this ..... . the math (monastery) comprised of bangla ..... is a religious denomination of the dasnami sect, founded by the sankaracharya (head of a monastery) .....

Anugrah NaraIn Singh and Another Vs. State of Uttar Pradesh and Others

Court : Allahabad

Reported in : AIR1992All62; (1992)1UPLBEC170

..... -- (if at any time the (state government) is, after taking into consideration the explanation of the board, satisfied that the board (has made a wilful) default in the performance of any duty imposed (upon) it by or under (this) act or any other enactment or (has exceeded or abused) its powers, it may, by order (together) with the reasons therefor published in the official gazette, dissolve the board or supersede it for such period as may be specified; (explanation-- ..... a result of the efforts of lord mayo in 1870 and of lord ripon in 1882 to further the participation of indians in municipal administration there was passed a series of provincial acts providing for the election of a larger indian element to the local authorities, and at the same time a pronounced impetus was given to the improvement of rural local government. ..... one tends to forget that they are as sensitive and as able as a good, solid english trade-unionist: but the english trade-unionist has won for himsell a right tobe a person, to hold his job as long as he pulls his weight, to have a house and a garden, to live in conditions which three quarters of asia's teeming millions would regard ..... enactment as it existed before the constitution was coming in, permitted the supersession or dissolution of the local body or board at the hands of the state government. ..... local government is the fabric of the constitution then it must function in continuity except where its dissolution orsupersession is for a very temporary period. .....

Ratnakar B. Kailaje Vs. Ramrao Narasingrao Divigi

Court : Karnataka

Reported in : ILR1987KAR1486

..... had certain well defined rights in the institution and its endowments, which could be regarded as rights to property within the meaning of article 19(1)(f) of the constitution ; that the restrictions imposed by that act were not reasonable within the meaning of article 19(5) and consequently invalid ; that the matadhipathi, as the head and representative of a religious institution, had a right guaranteed to him under article 25 ..... consequent on the introduction of certain innovations to the constitution in 1932 by late revered ananda ashrama swamiji (the 9th guru), the standing committee and other committees functioning under the constitution are acting only as advisory bodies ; that the matadhipathi is the sole trustee of the properties of the math as well as those endowed to lord bhavani shankar, the presiding deity ; that the matadhipathi ..... in their respective written statements.these appellants disputed the correctness of the sanction accorded by the commissioner; they contend that the suit as brought does not fall within the ambit of section 50 of the act, as conditions contemplated in this provision do not exist; that there is no averment that the administration of the math cannot be carried on under the existing constitution and not even a suggestion of breach ..... whether the propagation takes place in a church or monastery, or in a temple or parlour meeting. ..... english law 'a trust never fails for want of a trustee' and the same principle is incorporated in section 59 of indian trusts act .....

Shri Luizinho Joaquim Faleiro Vs. the State of Goa, Through Its Chief ...

Court : Mumbai

Reported in : 2003(2)MhLj334

..... was not granted interview by thegovernor and he dissolved the legislative assembly on theadvice of the chief minister and not of the council ofministers and in doing so, the governor acted in unduehaste and that the governor should not have exercisedthese powers and ought to have refused the dissolution.then in the rest of the petition, a case is sought to bemade out that there was no change in circumstances afterconvening meeting of the legislative assembly forapproving the ..... state of punjab, : (1974)iillj465sc the supreme court listed thefollowing as one of the exceptional situations in whichthe president/governor may not act upon and in accordancewith the advice of the ministers :-' (c) the dissolution of thehouse where an appeal to the countryis necessitous, although in this areathe head of state should avoid gettinginvolved in politics and must beadvised by his prime minister (chiefminister) who will eventually take theresponsibility for the ..... having heard the rival contentions, one thingis clear that both sides canvassed two extreme points ofview before me.one view, that the power of dissolution exercisedby the governor under article 174(2)(b) is in exercise ofhis discretion though that might have been exercised onthe basis of aid and advice of the council of ministerswith the chief minister at its head and ..... course, a limitedfree-wheeling is available regarding choiceof chief minister and dismissal of theministry, as in the english practice adaptedto indian conditions.'80. .....

Samsher Singh Vs. State of Punjab and anr.

Court : Supreme Court of India

Reported in : AIR1974SC2192; (1974)IILLJ465SC; (1974)2SCC831; [1975]1SCR814; 1975(1)SLJ1(SC)

..... though this choice is by the paramount consideration that he should command a majority in the house; (b) the dismissal of a government which has lost its majority in the house but refuses to quit office; (c) the dissolution of the house where an appeal to the country is necessitous, although in this area the head of state should avoid getting involved in politics and must be advised by his prime minister (chief minister) who will ..... we are not concerned with the cases where dissolution of the house of people takes place under article 83(2) on the expiration of the period of five years prescribed therein, for parliament has provided for that contingency in section 14 of the representation of the people act, 1951.on our interpretation other articles of the constitution ..... seervai and other jurists take the view that 'our constitution had adopted the english system of parliamentary executive; that the president and the governors were constitutional heads of the executive and that real executive power was vested in the council of ministers' alexandrovicz ..... -wheeling is available regarding choice of chief minister and dismissal of the ministry, as in the english practice adapted to indian conditions.141. ..... he has regarded the importation of english conventions as 'tantamount to an amendment ..... of english constitutional law that ministers must accept responsibility for every executive act. ..... rule of english constitutional law ..... occupies the same position as the king under the english constitution. .....