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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. .....

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. .....

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 .....

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. .....

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 .....

Shri Siddaramaiah Vs. The State Of Karnataka

Court : Karnataka

..... 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 ..... twelve: provided further that where the total number of ministers, including the chief minister, in the council of ministers in any state at the commencement of the constitution (ninety-first amendment) act, 2003 exceeds the said fifteen per cent or the number specified in the first proviso, as the case may be, then, the total number of ministers in that state shall be ..... to direct the learned sessions judges/special court who would entertain complaints against public servants filed by private persons alleging offences punishable under the provisions of the prevention of corruption act, 1988 even if it is an amalgam not to entertain such complaints if they do not comply with the following: (i) the complaint should narrate that the complainant has ..... added to the fact that several applications for sanction before him are long pending, such as proposal for prior approval u/s 17a of the prevention of corruption act, 1988, dated 9.12.2021 against one shashikala jolle, former minister and another proposal dated 26.02.2024 against murgesh nirani, former minister and a permission for sanction under section .....

Sita Soren Vs. Union Of India

Court : Supreme Court of India

..... accepts or obtains or agrees to accept or attempts to obtain from any person, for himself or for any other person, any gratification whatever, other than legal remuneration, as a motive or reward for doing or forbearing to do any official act or for showing or forbearing to show, in the exercise of his official functions, favour or disfavour to any person or for rendering or attempting to render any service or disservice to any person, with the central government or any state ..... ) similarly, justice hargrave also observed as follows: these numerous modern authorities clearly establish that the old common law prohibition against bribery has been long since extended beyond mere judicial officers acting under oaths of office, to all persons whatever holding offices of public trust and confidence; and it seems impossible to understand why members of our legislative assembly and legislative council, who are ..... the us supreme court by majority held that the speech and debate clause prevented prosecutors from introducing evidence that the member of congress actually performed some legislative act, such as making a speech or introducing legislation, as part of a corrupt plan, but that other evidence might establish that the member had violated the ..... account for the fact that the speech and debate clause which is substantially borrowed from article ix of the english bill of rights confers immunity to the speech and vote made in parliament. ..... legislature, prorogation and dissolution. .....

In Re Article 370 Of The Constitution

Court : Supreme Court of India

..... the provisions thereof shall be construed as references to the constitution or the provisions thereof as applied in relation to the said state; (b) references to the government of the said state shall be construed as including references to the sadar-i-riyasat acting on the advice of his council of ministers; (c) references to a high court shall include references to the high court of jammu and kashmir; (d) references to the legislature or the legislative assembly of the said state shall be construed as ..... death of ranjit singh in 1839, followed the sikh wars and post the first sikh war (1846), gulab singh appeared as a mediator between the english and the lahore darbar.30 political expediency made gulab singh, thus, the independent ruler of jammu & kashmir, with the treaty at amritsar being inked ..... commission act, 1962, in accordance with such procedure as the commission may deem fit; the constituencies shall, as far as practicable, be geographically compact areas, and in delimiting them regard shall be had to physical features, existing boundaries of administrative units, facilities of communication and public convenience; the constituencies into which the state is divided shall not comprise the area under the occupation of pakistan; and until the dissolution of ..... reason for giving the marginal notes in an indian statute any greater authority than the marginal notes in an english act of parliament .240 patanjali shastri, j. ..... assembly read out an english version of his speech. .....

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

Court : Supreme Court of India

..... 16; 7 (d) regulating the rules of procedure and the conduct of business in the house lies within the sole discretion of the speaker; (e) the governor as a symbolic head of state did not act within the scope of his constitutional powers in coming to the conclusion that reconvening of the session of the vidhan sabha in june 2023 was unconstitutional, thereby rendering the legislative business which was transacted on 20 ..... was adjourned sine die on 22 march 2023 by the speaker without prorogation; (b) the adjournment of the house sine die could not have been treated by the governor as a prorogation of the house; (c) the speaker was acting within the exercise of constitutional jurisdiction, as evinced by the provisions of the rules of procedure governing the vidhan sabha, in reconvening the sitting of the assembly on 19 and 20 june 2023 under the second proviso to rule ..... the fundamental principle of constitutional law which has been consistently followed since the constitution was adopted is that the governor acts on the aid and advise of the council of ministers, save and except in those areas where the constitution has entrusted ..... of a classic on the subject and is usually regarded as an authoritative exposition of parliamentary practice, it is stated: a session is the period of time between the meeting of a parliament, whether after the prorogation or dissolution, and its prorogation . ..... english constitutional law that ministers must accept responsibility for every executive act .....

P. Mohanraj Vs. M/s. Shah Brothers Ispat Pvt. Ltd.

Court : Supreme Court of India

..... process of a court or wilful breach of an undertaking given to a court; (c) criminal contempt means the publication (whether by words, spoken or written, or by signs, or by visible representations, or otherwise) of any matter or the doing of any other act whatsoever which (i) scandalises or tends to scandalise, or lowers or tends to lower the authority of any court; or (ii) prejudices, or interferes or tends to interfere with, the due course of any judicial proceeding; or (iii) interferes or tends to interfere with, ..... amount arranged to be paid from that account by an agreement made with that bank, such person shall be deemed to have committed an offence and shall, without prejudice to any other provision of this act, be punished with imprisonment for a term which may extend to two years, or with fine which may extend to twice the amount of the cheque, or with both: provided that nothing contained in ..... the medium of a first information report or complaint filed by an investigating authority or complaint and not to quasi-criminal proceedings that are instituted under sections 138/141 of the negotiable instruments act against the corporate debtor, the object of section 14(1) of the ibc gets subserved, as does the object of section 32a, which does away with criminal prosecutions in all cases against the ..... brought by inefficiency or 107 mismanagement to the brink of dissolution, posing thereby the grave threat of unemployment of industrial workers ..... identical expression in the english act. .....