Judgment Search Results Home > Cases Phrase: presidential and vicepresidential elections act 1952 Page 7 of about 517 results (0.116 seconds)

Gopal Singh Vs. the Election Tribunal-cum-additional Civil Judge (S.D. ...

Court : Rajasthan

Reported in : RLW2009(3)Raj1878

..... but the claim to have been duly nominated cannot be made by a person whose nomination form is not subscribed by at least ten electors as proposers and ten electors as seconders in conformity with the provisions of section 5b(1)(a) of presidential and vice presidential elections act, 1952. ..... which deals with determination of disputes as to election by way of election petition in prescribed manner reads asunder:43, determination of dispute as to elections-(1) an election under this act or the rules made thereunder may be called in question by any candidate at such election by presenting in the prescribed manner to the district judge having jurisdiction a petition in this behalf on the prescribed grounds and within the prescribed period:provided that ah election petition presented as aforesaid may, for the reasons to be recorded in writing, be transferred by the district judge for ..... hearing and disposal to a civil judge or additional civil judge .....

Arvind Kumar Lall Vs. Ram Tahal Choudhary and ors.

Court : Patna

..... in : [1969]1scr499 have been relied upon by the petitioner in support chaganlal of his contention.in charanlal's case (supra), it was held by the hon'ble supreme court that section 5(c)(2) of the presidential and vice-presidential election act, 1952 is mandatory and enclosing of cheque with nomination paper was invalid as the provision required that the candidate shall deposit or cause to be deposited a sum of rs ..... irregularity in respect of a nomination paper, if the candidate has been duly nominated by means of another nomination paper in respect of which no irregularity has been committed.it is specifically provided by sub-section (5) of section 36 of the act that returning officer shall not reject any nomination paper on the ground of any defect which is not of a substantial in character.9. the election petitioner has submitted that sub-section (2) of section 34 of the act is mandatory and must be complied literally and since respondent nos ..... is neither a functionary not any statutory authority under the election laws nor he had any power to receive anydeposit made under sections 33 and 34 of the representation of people act, 1951, nor he had any authority or power to issueany receipt of such deposit made by or on behalf of a candidateor to issue any receipt of such deposit under his seal and signature. ..... of this petitions 8o and 81 of the representation of people act, 1951, the petitioner who is a practicing advocate of this court, has questioned the election of respondent no. .....

Godfrey Philips India Ltd. Vs. State of M.P. and ors.

Court : Madhya Pradesh

Reported in : (2008)17VST465(MP)

..... applicability all persons causing entry of goods within the local areas for consumption, use or sale therein whether the entry is in the course of business or otherwise and, therefore, three things become immediately clear on a perusal of entry 52 of list ii and the provisions of section 3 of the act and they are--firstly, that the charge of entry tax is per se not directly on the movement or the transport of goods as the charging event is not ..... [1981]2scr364 the apex court was dealing with the levy under the haryana passengers and goods taxation act, 1952 and their lordships expressed the opinion that to say that the nature of a tax is of a compensatory and regulatory nature is not to say that the measure of the tax should be proportionate to the expenditure incurred on the regulation provided and the services rendered. ..... , by law--(a) impose on goods imported from other states or the union territories any tax to which similar goods manufactured or produced in that state are subject, so, however, as not to discriminate between goods so imported and goods so manufactured or produced ; and(b) impose such reasonable restrictions on the freedom of trade, commerce or intercourse with or within that state as may be required in the public interest:provided that no bill or amendment for the purposes of clause (b) shall ..... that for the same presidential assent is necessary and it could not have ..... would be making the legislature of a state elected on adult franchise the handmaid of the central .....

Prof. V.S.S. Sastry Vs. the Ministry of Human Resource Development, Go ...

Court : Andhra Pradesh

Reported in : 2008(4)ALD315; 2008(4)ALT240

..... the act received the presidential assent on 10.01.2007 and in terms of section 4(i) of the act, on and from the commencement of the act, the society known as the central institute of english and foreign languages, hyderabad, shall be dissolved and all properties, moveable and immovable, and all rights, powers and privileges of the said society shall be transferred to and vest in the university and shall be applied to the objects and purposes for which the university is established. ..... on 22.8.1952 preventive detention (second amendment) act, 1952 received the assent of the president, by which the act was extended till 31.12.1954 and it was to come into force on a date appointed by the central government. ..... it was contended on behalf of the petitioner that order of extension of his detention made on 22.9.1952 was without jurisdiction because, the life of act 34 of 1952 was to expire on 1.10.1952 and the concerned state government had no power to pass an order under the subsequent amendment act 61 of 1952 before the appointed date, namely, 30.9.1952. ..... under preventive detention (amendment) act 1952 the life of the said act 4 of 1950 was prolonged till 1.10.1952. ..... on 29.8.1952 the petitioner's detention was extended till 30.9.1952 and on 22.9.1952, his detention was again extended till 31.12.1952. .....

A.K. Roy ors. Vs. Union of India (Uoi) and ors.

Court : Supreme Court of India

Reported in : AIR1982SC710; 1982CriLJ340; 1981(4)SCALE1904; (1982)1SCC271; [1982]2SCR272

..... that there is sufficient cause for detention at the date when it makes its report, what action is to be taken subsequently is left entirely to the appropriate government and it can under section 11(1) of the act confirm the detention order and continue detention of the person concerned for such period as it thinks fit.the contention that the board must determine the question as to whether the detention should ..... court for the union territory of delhi; (ii) in the case of the detention of a person in pursuance of an order of detention made by the government of any state (other than a union territory), the high court for that state; and(iii) in the case of the detention of a person in pursuance of an order of detention made by the administrator or a union territory or an officer or authority subordinate to such administrator, such high court as may be specified by or ..... that is why pericles insisted that the secret of liberty is courage.finally, counsel drew on jawaharlal nehru's presidential address to the lucknow congress (april 19, 1936) in which he referred to the rule by ordinances as 'the humiliation of ordinances' (selected works ..... be used recklessly or by imagining a state of affairs to exist when, in fact, it did not exist; nor, indeed, intending that it should be used mala fide in order to prevent the people's elected representatives from passing or rejecting a bill after a free and open discussion, which is of the essence of democratic process. ..... of bombay [1952] scr .....

P.V. Narsimha Rao Vs. State (Cbi/Spe)

Court : Supreme Court of India

Reported in : AIR1998SC2120; 1997(1)ALD(Cri)157; 1998(1)ALD(Cri)762; 1997(1)BLJR263; 1998CriLJ2930; 1998(3)SCALE53; (1998)4SCC626; [1998]2SCR870

..... report by a court of justice or by a competent public authority; (vii) any person who holds an office by virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election; (viii) any person who holds an office by virtue of which he is authorised or required to perform any public duty; (ix) any person who is the president, secretary or other office-bearer of a registered co-operative society ..... by a court or justice or by a competent public authority; (vii) any person who holds an office by virtue of which he is empowered to prepare, publish, maintain or revise an electoral roll or to conduct an election or part of an election; (viii) any person who holds an office by virtue of which he is authorised or required to perform any public duty; (ix) any person who is the president, secretary or other office-bearer of a registered cooperative society ..... election in 1996 all the accused persons who were the members of the tenth lok sabha had ceased to hold the office as members of the said lok sabha and therefore under law no sanction for their prosecution is required and furthermore accused persons are sought to be tried for criminal conspiracy under section 120-b ipc read with sections 7, 12, 13(2) of the 1988 act as well as the substantive offences and that according to section 19 of the 1988 act ..... the presidential reference was made in the following circumstances: the legislative assembly of the state of uttar .....

Superintendent of Post Offices, Khammam and anr. Vs. Kalluri Vasayya

Court : Andhra Pradesh

Reported in : (1984)IILLJ140AP

..... to an if the authority relying on the report denies appointment to the candidate, does it not a denial of an opportunity to get an appointment to a post under the state does it not in effect and in substance violate the equality clause does it not imperil the career of the candidate to develop his personality and thereby defeat the constitutional rights guaranteed to him in the light of this background the immediate question that would emerge is whether the executive government would be given ..... in short, the rule of fair play or fundamental fair procedure must not be jettisoned save in extremely exceptional circumstances where compulsive necessity dire demands in sensitive zones unoccupied by legislative acts, and the court must make every effort even in those areas to the permissible extent to apply the principles of natural justice. ..... military officers are entitled to an opportunity to show the election that they are bona fide residents. ..... kuppuswami in his presidential remarks on dr. ..... board of education 342 us 485 (1952) the first significant venture of the court into loyalty programmes, involved an appeal from the dismissal of a teacher pursuant to a new york statute which disqualified from civil service and public school employment any person advocating, advising or teaching governmental overthrow by force or violence. ..... raman, 1952 s.c.r. .....

Niranjan Singh Vs. Collector, Sriganganagar and ors.

Court : Rajasthan

Reported in : 1982WLN(UC)255

..... the supreme court rejected the said petitions on the view that the validity of the election could only be challenged through an election petition filed in accordance with the provisions of the presidential and vice-presidential election act, 1952 and that all doubts and disputes relating to any stage of the entire election process is be convassed only by election petition presented before the supreme court after the election in its wide sense was concluded.15. ..... being so, i think it will be a fair inference from the provisions of the representation of the people act to state that the act provides for only one remedy, that remedy being by an election petition to be presented after the election is over, and there is no remedy provided at any intermediate stage.the right to vote or stand as a candidate for election is not a civil right but is a creature of statute or special law and must be subject to the limitations imposed by it.in that case, the supreme court has laid ..... in so far as the present case is concerned, there is no dispute that under section 71 a read with section 13 of the act, a provision has been made for challenging the election of the members of the standing committees of the panchayat samiti through an election petition and the election petition rules have been made by the state government in that regard. .....

Bedanti Tiwari Vs. Bhaiyalal Rajwade and Others

Court : Chhattisgarh

..... giani jail singh and another ((1984) 1 scc 390), while considering the undue influence as enumerated in section 18(1) of the presidential and vice-presidential elections act, 1952, emphasising the need of precise, specific and unambiguous pleading of corrupt practice particularly with reference to undue influence stated as under:- 35. ..... of the statutory provisions as well as the law laid down by the apex court:- xx xx xx (c) however, if a candidate furnishes incomplete, incorrect or false information or fails to furnish full and complete information, with regard to those five matters, in his affidavit/declaration, it would be a ground for the election judge to set aside the election under section 100(1) (b) of the rp act, if the information so furnished or withheld, would amount to undue influence within the meaning of section 123(2) of the representation of the people ..... interfered with free exercise of the right to the voters to vote according to their choice and conscience and as such there is no material facts pleaded with regard to undue influence within the meaning of section 123(2) of the rp act , 1951, therefore, it will not a corrupt practice within the meaning of section 123 of the rp act, 1951 stated to be a ground under section 100(1)(b) of the rp act, 1951, and as such election petition cannot be put to trial for want of complete cause of action as mandated under .....

Birendra Kumar Rai Vs. Union of India (Uoi) and ors.

Court : Allahabad

Reported in : 1992CriLJ3866

..... the advisory board, which directed the petitioner to address the same to the chairman, central advisory board (the prevention of illicit traffic in narcotic drugs and psychotropic substances act, 1988) delhi high court, it was urged, reference of 'chairman' and 'delhi high court' shows unawareness of the detaining authority by applying the proposed amended article 22(4) of the constitution of india, amended through forty-fourth ..... the consent of the government of that other state.for the purpose of showing that the order has been passed by the officer of the central government and not by the central government a reference was made to the language used in the detention order where the detaining authority has used the words 'i direct that sri virendra kumar ..... similarly, in view of the complaint having already filed by the concerned respondent authority in the concerned court at varanasi under the aforesaid 1985 act and warrant of arrest already issued by the said court and bail application dated 3rd december, 1990 having already moved by the petitioner in the court of the sessions judge, varanasi the recording of the fact in ..... and held at page 231 :it is erroneous to suggest that the presidential order of 1960 became invalid after the passing of the official languages act ..... chief election commissioner, new delhi : [1978]2scr272 it was held :--when a statutory functionary makes an order based on certain grounds, its validity must be judged by the reasons so mentioned and cannot ..... 1952 .....