Court : Supreme Court of India
..... the constitution or the laws made by the parliament disabling or stipulating that the central government should not make rules (in exercise of the powers conferred by the parliament under section 169 of the rp act of 1951 read with articles 102(1)(e) and 191(1)(e) of the constitution) providing for such disqualification ..... necessary changes in the form 26 prescribed under rule 4a of the conduct of election rules, 1961 keeping in view the suggestion in para 38 of the wp; (2) to respondent no.1 to consider suitable amendment in the representation of the people act 1951 to provide for rejection of nomination papers of the candidates and disqualification of mps/mlas/mlcs deliberately furnishing wrong information about their assets in the affidavit in form 26 at the time of filing of the nomination; (3) to respondents no.3 to 5 to- inquiry/investigation (i) conduct into disproportionate increase in the assets of mps/mlas/mlcs in annexure p6 to the wp, included in ..... committed contrary to the orders, and without the consent, of the candidate or his election agent; (c) that the candidate and his election agent took all reasonable means for preventing the commission of corrupt practices at the election; and (d) that in all other respects the election was free from any corrupt practice on the part of the candidate or any of his agents, then the high court may decide that the election of the returned candidate is ..... the political belief underlying the declaration of the preamble of the ..... (2013) .....
Tag this Judgment!Court : Supreme Court of India
..... the amendment of 2018 introducing the words at the time of submission of the resolution plan is clarificatory, as this was always the correct interpretation as to the point of time at which the disqualification ..... public servant, except with the previous sanction (a) in the case of a person who is employed in connection with the affairs of the union and is not removable from his office save by or with the sanction of the central government, of that government; (b) in the case of a person who is employed in connection with the affairs of a state and is not removable from his office save by or with the sanction of the state government, of that government; (c) in the case of any other person, of the authority competent to remove ..... for a section or a chapter in a statute is provided: firstly, by the words used in the statute itself; secondly, by the context in which a provision occurs, or, in other words, by reading the statute as a whole; thirdly, by the preamble which could supply the key to the meaning of the statute in cases of uncertainty or doubt; and, fourthly, where some further aid to construction may still be needed to resolve an uncertainty, by the legislative history which discloses the wider context or perspective in which a provision was made to meet a particular ..... namely, the words of an act are to be read in their entire context and in their grammatical and ordinary sense harmoniously with the scheme of the act, the object of the act, and the intention of parliament. .....
Tag this Judgment!Court : Supreme Court of India
..... this section has been brought to the statute-book in consonance with the preamble of the act, which says "for the prevention of, and for coping with, terrorist and disruptive activities and for matters connected therewith or ..... statement was made complying with all the procedural essentials as provided for by the tada act and the rules it can be a valid ground for the conviction when corroborated with the confessional statement of the other four accused, namely, a-1, a-2, a- 3 and a-20 respectively which have been made prior to the amendment of the act"36) in mohd. ..... while section 12 of the probation of offenders act states that a person found guilty of an offence and dealt with under section 3 or 4 of the probation of offenders act, shall not suffer disqualification, if any, attached to the conviction of an offence ..... punjab, (1994) 3 scc 569, the central and state government set up a review committee in order to individually review the cases of the accused persons involved in the bombay bomb blasts case to consider whether or not the provisions of tada are applicable against individual accused persons and whether or not any of the accused person sought to be entitled to ..... 12 itself shows that parliament envisaged a situation in which a person tried under the tada act of any offence may ultimately be found to have committed any other offence punishable under any other law and in that situation, the designated court is empowered to punish the accused for the offence under such other .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2013(1)SCALE7; 2013(1)SCJ1; 2013(1)KLT46(SN); AIR2013SCW671; AIR2013SC693
..... certain disabilities/disqualifications with respect to the appointment of the lokayukta, and stipulates that he must not be a member of parliament or of any state legislature, and also that he must not hold any office of trust, or profit and even if he does hold any such post, that he must tender his resignation as regards the same, before he is appointed as lokayukta, and also further, that he must not be affiliated with any political party.section 6 of the said act, provides that the lokayukta shall not ..... , air 2011 sc 1267, this court considered the argument of unanimity, or consensus, in the matter of the appointment of the central vigilance commissioner and observed:it was further submitted that if unanimity is ruled out then the very purpose of inducting the leader of the opposition in the process of selection will stand defeated because if the recommendation of the committee were to be arrived at by majority it would always exclude the leader of the opposition since the prime minister and the home minister will always be ad idem.xx xx xxwe find no merit in these submissions. ..... , air 1982 p & h 439, the powers of the governor, with respect to the appointment/removal of the vice-chancellor of maharshi dayanand university, rohtak under the maharshi dayanand university (amendment) act, 1980, were considered, wherein a direction was sought with regard to the renewal of the term of the vice-chancellor of the said university. .....
Tag this Judgment!Court : Supreme Court of India
..... certain disabilities/disqualifications with respect to the appointment of the lokayukta, and stipulates that he must not be a member of parliament or of any state legislature, and also that he must not hold any office of trust, or profit and even if he does hold any such post, that he must tender his resignation as regards the same, before he is appointed as lokayukta, and also further, that he must not be affiliated with any political party.section 6 of the said act, provides that the lokayukta shall not ..... , air 2011 sc 1267, this court considered the argument of unanimity, or consensus, in the matter of the appointment of the central vigilance commissioner and observed:it was further submitted that if unanimity is ruled out then the very purpose of inducting the leader of the opposition in the process of selection will stand defeated because if the recommendation of the committee were to be arrived at by majority it would always exclude the leader of the opposition since the prime minister and the home minister will always be ad idem.xx xx xxwe find no merit in these submissions. ..... , air 1982 p & h 439, the powers of the governor, with respect to the appointment/removal of the vice-chancellor of maharshi dayanand university, rohtak under the maharshi dayanand university (amendment) act, 1980, were considered, wherein a direction was sought with regard to the renewal of the term of the vice-chancellor of the said university. .....
Tag this Judgment!Court : Supreme Court of India
..... the absence of an enacted law, which operated until the parliament enacted the sexual harassment of women at workplace (prevention, prohibition and redressal) act, 2013.124 ..... the seventh amendment contained a definition of the expression rajpramukh : (21) rajpramukh means (a) in relation to the state of hyderabad, the person who for the time being is recognised by the president as the nizam of hyderabad; (b) in relation to the state of jammu and kashmir or the state of mysore, the person who for the time being is recognised by the president as the maharaja of that state; and (c) in relation to any other state specified in part b of the first schedule, the person who for the time being is recognised by the president as the ..... constitute india into a sovereign, socialistic, secular, democratic, republic, the basic purpose of the constitution of jammu and kashmir as set out in the preamble 165 17 november 1956, debates of the constituent assembly of jammu and kashmir 166 25 january 1957, debates of the constituent assembly of jammu and kashmir 167 the preamble to the indian constitution: we, the people of india, having solemnly resolved to constitute india into a ..... the remedy alone without curtailing the right, since the question of disqualification of a member on the ground of defection under the tenth schedule does require adjudication on enacted principles, results in making a change in article 136 in chapter iv in part v and articles 226 and 227 in chapter v in part vi of the .....
Tag this Judgment!Court : Supreme Court of India
..... --for the purposes of clause (a), where any pregnancy occurs as a result of failure of any device or method used by any woman or her partner for the purpose 6 mtp amendment act 2021 10 part c of limiting the number of children or preventing pregnancy, the anguish caused by such pregnancy may be presumed to constitute a grave injury to the mental health of the pregnant woman ..... rmps) shall not apply to the termination of pregnancies by an rmp, where the rmp is, in good faith, of the opinion that the termination of the pregnancy is immediately necessary to save the life of the pregnant woman.15 the mtp act also seeks to protect the privacy of a woman who has terminated a pregnancy any rmp who reveals the name or other particulars of such a woman shall be liable to be sentenced to imprisonment which may extend to one year, or with fine, or both.16 the mtp act vests the central government with the power to enact rules to carry ..... this court stated that narrowly interpreting the phrase to mean a disqualification of a mother to act as a guardian during the lifetime of the father, would have made the section unconstitutional for violating the constitutional prohibition against discrimination on the grounds of sex.121 ..... these external aids are also brought in by widening the concept of context as including not only other enacting provisions of the same statute, but its preamble, the existing state of the law, other statutes in pari materia, and the mischief which the statute was intended to remedy .....
Tag this Judgment!Court : Supreme Court of India
..... the 1949 act was amended by the parliament by the chartered accountants (amendment) act, 2006 (hereinafter referred to as amendment act, 2006 ) by which the ..... the reasoning in sakhawant ali was to the effect that disqualification of a legal practitioner from contesting elections did not prevent him from practising his profession of law and as such, the right to practice the profession of law under article 19(1)(g) did not imply the ..... the language of the preamble of the 1949 act to argue that the act was sought by the parliament to make provisions to regulate the ..... to contest the election, (i) in case of misconduct falling under the first schedule of this act, for a period of three years; (ii) in case of misconduct falling under the second schedule of this act, for a period of six years, from the completion of the period of removal of name from the register or payment of fine, as the case may be; (b) not more than eight persons to be nominated in the specified manner, by the central government. ..... of maintenance of quality audit work had suffered due to no monitoring mechanism of this crucial ceiling limit by either respondent-institute or itd as per the following statistics: stratification of total tars issued by chartered accountant for assessment year 2013-14 (vide cag report no.32/2014, section 3.6) range of tars total number of percentage of issued accountants total accountants 1-45 53,463 81.13 46-100 10,838 16.45 101-200 1,364 2.07 201-300 166 0.25 301-400 45 0.07 401-500 .....
Tag this Judgment!Court : Supreme Court of India
..... hence, the orissa state legislature's enactment, the 1991 amendment act is that made on a subject within its legislative field and when assent of the president is obtained for it after reserving it for his consideration it becomes applicable to the state of orissa, notwithstanding anything contained therein repugnant to what is in the principal act of parliament, it cannot be held to be unconstitutional as that made by the orissa state legislature without the necessary legislative competence.62. ..... section 4 period of limitation for filing suits notwithstanding anything contained in the arbitration act, 1940 (central act 10 of 1940) or in the arbitration and conciliation act, 1996 (central act 26 of 1996) or in the limitation act, 1963 (central act 36 of 1963), a suit under sub section (2) of section 3 may be filed within six months from the date of commencement of this act or within such period as is allowed by the provisions of the limitation act, 1963 (central act 36 of 1963), in relation to such suits, whichever is later. ..... it infracts the quality doctrine and the avowed constitutional principles insulating the judicial function which is cardinal to deliverance of justice as part of the seminal constitutional values, including separation of powers; and (vi) that there was nothing on record to show that any relevant material had gained the attention of the legislature except the superfluous statements in the preamble to the state act with regard to misconduct by arbitrators. .....
Tag this Judgment!Court : Supreme Court of India
..... regard to the draft development plan the following particulars, namely: (i) the existing land use maps; (ii) a narrative report, supported by maps and charts, explaining the provisions of the draft development plan; (iii) the phasing of implementation of the draft development plan as suggested by the director; (iv) the provisions for enforcing the draft development plan and stating the manner as amended vide himachal pradesh town and country planning (amendment) act 2013 (act no.41 of 2013). ..... when a provision in the constitution enabled the parliament to make a law thereby excluding the powers of judicial review except under article 136 of the constitution, held that the 75 power of judicial review vested in the high courts under articles 226 and in this court under article 32 of the constitution, is an integral and essential feature of the constitution, constituting part of its basic structure and, therefore, the power of high courts and this court to test the constitutional validity of legislations ..... refer to the preamble of the tcp act, which reads thus: an act to make provision for planning and development and use of land; to make better provision for the preparation of development plans and sectoral plans with a view to ensuring that town planning schemes are made in a proper manner and their execution is made effective to constitute the town and country development authority for proper implementation of town and country development plan, to provide for the development and .....
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