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
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
..... 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
..... 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 . ..... 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 ..... of 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 persons ought 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 ..... 21 2013. .....
Tag this Judgment!Court : Supreme Court of India
..... anything inconsistent contained in any other act of parliament or state legislature, as the case may be, the central information commission or the state information commission, as the case may be, may, during the inquiry of any complaint under this act, examine any record to which this act applies which is under the control of the public authority, and no such ..... the decision under sub-section (1) shall lie within ninety days from the date on which the decision should have been made or was actually received, with the central information commission or the state information commission: provided that the central information commission or the state information commission, as the case may be, may admit the appeal after the expiry of the period of ninety days if it is satisfied that the appellant was prevented by sufficient cause from filing the ..... 15(6) of the act, which provide that the chief information commissioner or an information commissioner shall not be a member of parliament or member of the legislature of any state or union territory or hold any other office of profit or be connected with any political party or carry on any business or pursue any profession, do not disqualify such persons for consideration for appointment as chief information commissioner or information commissioner, but these disqualifications will come ..... accordingly, when the powers of the high court under companies act, 1956 were sought to be transferred to tribunals by the companies (amendment) act, 2002, a .....
Tag this Judgment!Court : Supreme Court of India
..... committee following which recommendations, the criminal law amendment act, 2013 has been enacted by the legislature fundamentally altering the jurisprudential norms so far ..... the state party review its laws in the administration of juvenile justice to ensure that they are in accordance with the convention, especially articles 37, 40 and 39, and other relevant international standards such as the united nations standard minimum rules for the administration of juvenile justice (the beijing rules), the united nations guidelines for the prevention of juvenile delinquency (the riyadh guidelines), the united nations rules for the protection of juveniles deprived of their liberty and the vienna guidelines for action on children in the ..... processes jj system: no disqualification attaches to a juvenile ..... parliament cannot make a law to oust the judicial function of the courts or even judicial discretion in a matter which falls within the jurisdiction of the ..... section 28 of the act be read together with section 15 to enable the alternatively higher punishment under other state/central enactments, such as the ipc to be ..... the preamble also declares that canadian society should have a youth criminal justice system that commands respect, takes into account the interests of victims, fosters responsibility and ensures accountability through meaningful consequences and effective rehabilitation and reintegration, and that reserves its most serious intervention for the most serious crimes and reduces the .....
Tag this Judgment!Court : Supreme Court of India
..... of parliament or house of the state legislature becomes disqualified by or under any law made by parliament under articles 102(1)(e) and 191(1)(e) of the constitution, his seat automatically falls vacant by virtue of articles 101(3)(a) and 190(3)(a) of the constitution and parliament cannot make a provision as in sub-section (4) of section 8 of the act to defer the date on which the disqualification of a sitting member will have effect and prevent his seat becoming vacant on account of the disqualification under article ..... the preamble the fundamental importance of the freedom of the individual, indeed its inalienability, and the importance of the economic, social and political justice mentioned in the preamble, the importance of directive principles, the non-inclusion in article 368 of provisions like articles 52, 53 and various other provisions to [pic].which reference has already been made an irresistible conclusion emerges that it was not the intention to use the word amendment in the ..... (2013) 7 scc653notwithstanding anything in sub-section (1), sub-section (2) or sub- section (3) a disqualification under either sub-section shall not, in the case of a person who on the date of the conviction is a member of parliament or the legislature of a state, take effect until three months have elapsed from that date or, if within that period an appeal or application for revision is brought in respect of the conviction or the sentence, until that appeal or application is disposed of by .....
Tag this Judgment!Court : Supreme Court of India
..... 33-b inserted by the representation of the people (third amendment) act, 2002 does not pass the test of constitutionality, firstly, for the reason that it imposes a blanket ban on dissemination of information other than that spelt out in the enactment irrespective of the need of the hour and the future exigencies and expedients and secondly, for the reason that the ban operates despite the fact that the disclosure of information ..... and the authority implementing the same has constitutional or statutory power to implement it, the court can necessarily issue directions or orders on the said subject to fill the vacuum or void till the suitable law is enacted; that one of the basic structures of our constitution is "republican and democratic form of government and, therefore, the superintendence, direction and control of the "conduct of all elections" to parliament and to the legislature of every state vests in the election commission; and the phrase ..... or municipality, shall furnish full and complete information in regard to all the five matters referred in paragraph-5 of the preamble, in an affidavit or declaration, as the case may be, in the format annexed hereto:- provided that having regard to the difficulties in swearing an affidavit in a village, a candidate at the election to a ward member of village panchayat under the tamil nadu panchayats act, 1994 shall, instead of filing an affidavit, file before the returning officer a declaration in the same format annexed to this order:2. .....
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