Court : Orissa
Reported in : AIR1960Ori1
..... to such authority and in such manner as provided by any law made by the appropriate legislature: (vide hari vishnu v. ahmad ishaque, (s) air 1955 s.c. 233). the parliament accordingly enacted the representation of the people act, 1950 (act 43 of 1950) providing a machinery to challenge an election to either house of parliament or to the house or either house of ..... (as amended) that their lordships of the supreme court observed that theseproceedings under the act are of quasi-criminal nature. an election enquiry is of quasi-criminal nature, inasmuch as its findings on corrupt practices have penal effect. in harish chandra bajpai v. triloki singh (s) air 1957 s.c 444 : 12 e.l.r. 461, 465, 483 the supreme court has clearly .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1133; 1985(1)SCALE1148; 1985Supp(1)SCC189; [1985]Supp1SCR622
..... or authorized by any other person or body of persons or political parties should not be taken into account. as parliament was not in session, the president promulgated on 19 october, 1974, the representation of the people (amendment) ordinance, 1974.the bill seeks to replace this ordinance.3. by section 2 of the amending ..... for a parliamentary constituency and an assembly constituency in respect of various states and the union territories. clause (6) of section 123 of the representation of the people act has specifically included the incurring or authorizing of expenditure in contravention of section 77 as a corrupt practice, which, if established, would not only vitiate the election, but ..... of 1974 by adding the explanation 1 to section 77 of the act could be justified as merely an attempt to restore the law as it had been understood to be previous to the decision of the court in kanwar lal gupta's case.counsel also relies on various decisions of the high courts in which it was held .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC861; 2007(1)ALLMR(SC)944; 2007(1)AWC689(SC); [2007(2)JCR148(SC)]; JT2007(2)SC292; 2007(1)KLT623(SC); (2007)3MLJ423(SC); 2007(1)SCALE197; (2007)2SCC1; 2007AIRSCW611; 2007(3)CivilLJ589; 2007(1)LawHerald(SC)480; 2007(2)KCCRSN44(SC)
..... state, the provisions of this article shall not apply thereto unless such law, having been reserved for the consideration of the president, has received his assent. 12. the constitution (26th amendment) act, 1971 omitted from constitution articles 291 (privy purses) and article 362 (rights and privileges of rulers of indian states) ..... ors. v. man singh suraj singh padvi and ors. : [1978]2scr856 , a seven judge constitution bench, post-decision in kesavananda bharati's case upheld constitution (40th amendment) act, 1976 which was introduced when the appeal was pending in supreme court and thereby included the regulations in the ninth schedule. it was held ..... . the independence struggle and intellectual debates in the constituent assembly show the value and importance of freedoms and rights guaranteed by part iii and state's welfare obligations in part-iv. the constitutions of various countries including that of united states of america and canada were examined and after extensive deliberations .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC241; 2001(6)ALD127(SC); 2002(1)ALLMR(SC)650; JT2001(9)SC392; 2001(7)SCALE538; (2002)1SCC160
..... 1998, he jointed inld and actively participated in all the programmes, functions and activities of inld carried by shri om prakash chautala, president of inld and shri ajay singh chautala, president of the youth wing of inld. the respondent has extensively toured the constituency accompanying shri om prakash and shri ajay singh. he was ..... conclusion whether the burden of proof has been successfully discharged by the election petitioner or not.15. a word about the pleadings, section 83 of the act mandates an election petition to contain a concise statement of the material facts on which the petitioner relies. the rules of pleadings enable a civil dispute ..... 1scr966, and submitted that the ratio of the decision squarely applies to the present case and should govern the decision thereof. it was submitted that inchhedi ram's case the candidate whose nomination was improperly accepted has obtained 6710 votes which was almost 20 times the difference between the number of votes secured by the .....
Tag this Judgment!Court : Chennai
Reported in : 2005(5)CTC81; (2006)1MLJ134
..... the state amendment is valid. learned advocate general had also referred to article 254(2) and contended that the president having given assent to the amendment on 13th may, 1984, even if there was any repugnancy, the act will validly prevail in the state. learned advocate general had further contended that the impugned amendment is with reference ..... to have impelled the state government to pass the amendment appears to be the complaints which the government has been receiving about the petitioner or the government's own perception of the conduct of the petitioner. this court is not called upon to adjudicate on the said issue as regards the conduct of the petitioner ..... of the petitioner, also supplemented the submissions of the learned advocate general. learned counsel referred to the judgment of c. nagappan, j. in sahrupa nachiar v. v.s. mohamed hasia maraikayar 2001 (1) mlj 188 : in support of his contention that a non-citizen has no right to hold any immovable property as a trustee in .....
Tag this Judgment!Court : Karnataka
Reported in : AIR1953Kant156; AIR1953Mys156; ILR1953KAR440; (1954)32MysLJ12
..... in law or natural justice to deal with the matter since he should not sit in judgment and overrule the previous orders and action by high senior officers and the president in council in respect of the same dispute, in -- 'elbridge watson v. r. k. das', : [1951]19itr538(cal) , das gupta j. has pointed ..... granted by the duly authorised & empowered officers of government & even after confirmation on appeal to government. this is .....directly opposed to section 70 of the act which declares that the right of occupancy is a heritable and transferable right subject to the payment of land revenue to government. the learned advocate-general when ..... between the party and the state; e.g., under the workmen's compensation act, the land acquisition act, the religious endowments act, motor vehicles act etc. while administering these acts the members of government and their officers are bound to observe and carry out the terms of the acts governing these 'matters. this would not of course mean that any .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2007(3)ALD173; 2007(2)ALT386; [2007(114)FLR253]
..... expressed by two learned single judges in oil and natural gas company limited v. n. satyanarayana : (2003)iiillj289ap and writ petition no. 380 of 2005 - m. narasaiah v. presiding officer decided on 1-2-2005, on the interpretation of rule 11(6) of the rules, referred the matter to the division bench for determination of the question, which has ..... tribunal on all the four points. the case set up by the corporation is that the applicants do not fall within the definition of 'workman' under section 2(s) of the act and, as such, the applications filed by them under section 2-a(2) seeking adjudication of the so-called dispute relating to the termination of their services cannot ..... section 2-a(2) of the industrial disputes act, 1947?11. the workmen examined three witnesses and produced documents, which were marked as exs.w.1 to w.67. the corporation did not examine any witness, but produced documents marked as exs.m.1 to m.16.12. the learned presiding officer of the labour court briefly noted the .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2008(3)ALD270
..... he filed an affidavit as per the requirement of section 33a of the 1951 act. he was declared elected. subsequently, he became chief minister of the state.3. after two years and eight months of the elections, sri nam chandra babu naidu, president of telugu desam party lodged complaint dated 16.12.2006 with the election commission ..... ) fr-f-18 arguments, the learned senior counsel relied on the judgments of the supreme court in state of u.p. v. synthetics and chemicals ltd. : 1993(41)ecc326 , s. thangappan v. p. padmavathy : air1999sc3584 , surya dev rai v. ram chander rai : air2003sc3044 , state of kerala v. k. sarojini amma : air2003sc4475 , central board of dawoodi ..... in guruvayoor devaswom managing committee v. c.k. rajan : (2003)7scc546 , the supreme court reviewed various precedents on the ambit and reach of the court's power to entertain petitions filed by way of public interest litigation and laid down the following principles:(i) the court in exercise of powers under article 227 and .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1958P& H456
..... b. and c, i. railway could not be said to carry on business within the meaning of section 18(b) of the presidency small cause courts act. the plaintiff therefore should have instituted the suit at the place where the cause of action, wholly or in part arose. calcutta ..... is due to a displaced person from any other person (whether a displaced person or not) ordinarily residing in the territories to which this act extends;*****6. the contention urged on behalf of the okara grain buyers syndicate is that the 'punjab state' comes within the meaning of the ..... grain buyers syndicate whose place of business is now amritsar, filed an application under section 13 of the displaced persons (debts adjustment) act (hereinafter called the act) against the punjab state for the recovery of rs. 4,038/-. the amount was claimed on account of a liability incurred before ..... .o. no. 40-d of 1954: (air 1958 punj 420) (i), would be considered as having been overruled.s.s. dulat, j.18. i agree.h.p. khosla, j.19. i agree. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1975SC1045; (1975)1SCC535; [1975]3SCR584
..... motor drivers would be prepared to commit perjury, at the instance of the president of the motor truck drivers' union, only to please a former defeated minister. we do not think that it is reasonable to carry such a suspicion to the ..... learned judge, was a defeated former minister of the ruling congress party. learned counsel wanted us to infer that, because the respondent had been welcomed and garlanded by the president of the motor truck drivers' union of ganaur, the evidence of motor drivers was easily available to him. in other words, we were asked to assume that the ..... think that the evidence had to be more carefully scrutinized than the high court was disposed to do it. as was pointed out in rahim khan's case (supra), evidence considered unsafe to be acted upon by a judicial tribunal need not be necessarily false.17. turning to the 4th ground of objection, relating the prosecutions of truck drivers by .....
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