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Delhi Transport Corporation Vs. D.T.C. Mazdoor Congress and Others

Court : Supreme Court of India

Reported in : AIR1991SC101; (1991)1CompLJ1(SC); JT1990(3)SC725; 1991LabIC91; (1991)ILLJ395SC; 1991Supp(1)SCC600; [1990]Supp1SCR142; 1991(1)SLJ56(SC)

..... [1957]1scr930 the petitioners who had been promoting and conducting prize competitions in the different states of india, challenged the constitutionality of sections 4 and 5 of the prize competitions act (42 of 1955) and rules 11 and 12 framed under section 30 of the act on the grounds that prize competition as defined in section 3(d) of the act included not merely competitions that were of a gambling nature but also those in which success depended to a substantial degree on skill and the sections and the rules violated their fundamental right to carry on business, and were unsupportable ..... appropriate case where there is no sufficient evidence available to inflict by way of disciplinary measure, penalty of dismissal or removal from service and to meet such a situation, it is not as if that the authority is lacking any power to make rules or regulations to give a notice of opportunity with the grounds or the material on records on which it proposed to take action, consider the objections and record reasons on the basis of which it had taken action and communicate the ..... if that word necessarily and inevitably comprises all forms of property, including agricultural land, then clearly the act went beyond the powers of the legislature; but when a legislature with limited and restricted powers makes use of a word of such wide and general import, the presumption must surely be that it is using it with reference to that kind of property with respect to which it is competent to legislate .....

Kedar Nath Singh Vs. State of Bihar

Court : Supreme Court of India

Reported in : AIR1962SC955; 1962(0)BLJR636; (1963)IMLJ40(SC); [1962]Supp2SCR769

..... the court chose the former interpretation which made the rest of the provisions of the act, prize competitions act (xlii of 1955), with particular reference to sections 4 and 5 of the act and rules 11 and 12 framed thereunder, valid. ..... legislature to impose reasonable restrictions, the ambit of which is indicated by clause (2), which, in its amended form, reads as follows : '(2) nothing in sub-clause (a) of clause (1) shall affect the operation of any existing law or prevent the state from making any law, in so far as such law imposes reasonable restrictions on the exercise of the right conferred by the said sub-clause in the interests of the security of the state, friendly relations with foreign states, public order ..... as already pointed out, the explanations appended to the main body of the section make it clear that criticism of public measures or comment on government action, however strongly worded, would be within reasonable limits and would be consistent with the fundamental right of freedom of speech and expression. ..... after examining those decisions, this court came to the conclusion that if the impugned provisions of a law come within the constitutional powers of the legislature by adopting one view of the words of the impugned section or act, the court will take that view of the matter and limit its application accordingly, in preference to the view which would make it unconstitutional on another view of the interpretation of the words in question. .....

Dr. Subhash Kashinath Mahajan Vs. The State of Maharashtra

Court : Supreme Court of India

..... the rest of the provisions of the act, prize competitions act (42 of 1955), with particular reference to sections 4 and 5 of the act and rules 11 and 12 framed thereunder, valid. ..... public servant (a) to do or omit anything which such public servant ought not to do or omit if the true state of facts respecting which such information is given were known by him, or (b) to use the lawful power of such public servant to the injury or annoyance of any person, shall be punished with imprisonment of either description for a term which may extend to six months, or with fine which may extend to one thousand rupees, ..... readily, mechanically like a gullible child accepts the allegations made in the complaint at its face value, it would be surely blundering and wandering away from the path of bail-justice, making itself readily available in the hands of the scheming complainant who on mere asking will get arrested accused on some false allegations of having committed non-bailable offence, under the atrocity ..... 3 [(1) whoever, not being a member of a scheduled caste or a scheduled tribe, - (ix): gives any false or frivolous information to any public servant and thereby causes such public servant to use his lawful power to the injury or annoyance of a member of a scheduled caste or a scheduled tribe; 3(2)(vi): knowingly or having reason to believe that an offence has been committed under this chapter, causes any evidence of the ..... power to declare law carries with it, within the limits of duty, to make .....

Arup Bhuyan Vs. The State Of Assam Home Department

Court : Supreme Court of India

..... court chose the former interpretation which made the rest of the provisions of the act, prize competitions act (xlii of 1955), with particular reference to ss. ..... case, the court had to choose between a definition of the expression 'prize competitions" as limited to those competitions which were of a gambling character and those which were not. ..... examining those decisions, this court came to the conclusion that if the impugned provisions of a law come within the constitutional powers of the legislature by adopting one view of the words of the impugned section or act, the court will take that view of the matter and limit its application accordingly, in preference to the view which would make it unconstitutional on another view of the interpretation of the words in question. ..... the scope of restrictions that can be imposed, observed that in america, the first amendment freedoms have no qualifications, as in india and the american rulings are apt to be misapplied to our constitution.17 16 (1970) 3 scc74617 paragraph 17 and 28. ..... america the first amendment freedoms have no such qualifications as in india and the rulings are apt to be misapplied to our constitution.12.4 thereafter in the case of supdt ..... 4 and 5 of the act and rules 11 and 12 framed thereunder ..... similarly, rule 3(2) and the proviso to rule 5 of the unlawful activities (prevention) rules, 1968 also permit non-disclosure of confidential documents and information which the government considers against the public interest to disclose .....

Vinod Dua Vs. Union Of India

Court : Supreme Court of India

..... the court chose the former interpretation which made the rest of the provisions of the act, prize competitions act (42 of 1955), with particular reference to sections 4 and 5 of the act and rules 11 and 12 framed thereunder, valid. ..... , hostility, contempt, and any form of ill-will to the government; that disloyalty was perhaps the best term, and that it comprehended every possible form of bad feeling to the government; that a man must not make or try to make others feel enmity of any kind against the government; that if a man expresses condemnation of the measures legislative or executive of the government he was within his right, but that if he went further and held up the ..... the court has, therefore, the duty cast upon it of drawing a clear line of demarcation between the ambit of a citizen's fundamental right guaranteed under article 19(1)(a) of the constitution and the power of the legislature to impose reasonable restrictions on that guaranteed right in the interest of, inter alia, security of the state and public order. ..... after examining those decisions, this court came to the conclusion that if the impugned provisions of a law come within the constitutional powers of the legislature by adopting one view of the words of the impugned section or act, the court will take that view of the matter and limit its application accordingly, in preference to the view which would make it unconstitutional on another view of the interpretation of the words in question. .....

Sankalchand Himatlal Sheth Vs. Union of India (Uoi) and anr.

Court : Gujarat

Reported in : (1976)17GLR1017

..... reference to the term 'prize competitions' in section 2(d) of the prize competitions act, 1955 which was a wide and ..... a charge which is so frequently and freely canvassed by persons who are possibly either ignorant of facts or do not like to know the facts.this statement itself makes it clear that the law minister was affirming the unfettered power of the transfer of a judge from one high court to another and was referring to the convention only to refute the charge which was freely canvassed ..... 'transfer' must be qualified by expression 'with his consent' and that would so limit the power as to make it consistent and bring it in harmony with other provisions of the constitution ensuring independence ..... a perspective within which a statute is intended to operate.the paramount rule would always remain that every statute was to be expounded according to its manifest or expressed intention, and even when words were used 'appear to them to be necessary' in a statute conferring powers on a competent authority, that would not necessarily make that authority the sole judge of what were its powers as well as the sole judge of the way in ..... sufficient. still however, the learned chief justice when he gets the proposal from the union of india in this behalf may for making his consultation effective and for the just and fair exercise of his power even consult, and is not precluded from consulting, all those who are consulted at the initial stage of appointment of a judge, namely, the governor .....

Ventrapragada Venkata Krishna Rao Vs. the District Magistrate and anr.

Court : Andhra Pradesh

Reported in : AIR1977AP128; 1977(1)AnWR41; 1976(2)APLJ61

..... of 1955 applied to prize competitions which involved substantial skill, they were business activities the protection of which is ..... section 14 empowers the state government to make rules for carrying out the purposes of the act ..... and others below him, and it seems to us quite clear, if the administration was to be carried on, as it must, that the governor in the first instance and the district councils after they came into existence, would have power by virtue of the administration being vested in them to appoint officers and others to carry on the administration.xx xx xx xx xx xx xx xx xx xx xx'the constitution could not have intended that all administration in the autonomous districts should come ..... put it in other words, the district magistrate, while exercising this power under section 12 can make any order which the licensing authority, who has earlier passed the proceedings, ..... the provisions of the constitution, the executive power of a state shall extend to the matters with respect to which the legislature of the state has power to make laws. ..... be answered by the learned government pleader by relying on article 162 of the constitution, wherein it is declared that the executive power of a state shall extend to matters with respect to which the legislature of the state has power to make laws. ..... omprakash, : [1968]3scr655 to the effect that the notion of inherent autonomous law making power in the executive administration is a notice that must be emphatically rejected is brought to .....

Manohar Lal Vs. Vinesh Anand and ors.

Court : Supreme Court of India

Reported in : AIR2001SC1820; 2001(1)ALD(Cri)908; 2001ALLMR(Cri)1226(SC); 2001(2)ARBLR160(SC); (2001)2CompLJ207(SC); 2001CriLJ2044; 2001(2)Crimes202(SC); JT2001(4)SC573; RLW2001(2)SC220; (2001)5SCC407

..... the free flow of interstate trade or commerce in the union of india regarded as one economic unit without any provincial barrier that the constitution-makers adopted article 286 of the constitution...an illustration of the application of the rule is also furnished in the construction of section 2(d) of the prize competitions act, 1955 in rmd chamarbaugwalla v. ..... the sure and true interpretation of all statutes in general (be they penal or beneficial, restrictive or enlarging of the common law), four things are to be discerned and considered: (1) what was the common law before the making of the act (2) what was the mischief and defect fort which the common law did not provide (3) what remedy the parliament hath resolved and appointed to cure the disease of the commonwealth (4) the true reason ..... of 1898)(2) the power conferred on a court by sub-section (1) in respect of an offence may, in any case where that court has neither made a complaint under sub-section (1) in respect of that offence nor rejected an application for the making of such complaint, be exercised by the court to which such former court is subordinated within the meaning of sub-section (4) of section 195. .....

Dr Baliram Waman Hiray Vs. Justice B. LentIn and ors.

Court : Supreme Court of India

Reported in : AIR1988SC2267; (1988)90BOMLR434; 1988(3)Crimes655(SC); [1989]176ITR1(SC); JT1988(4)SC265; 1988(2)SCALE688; (1988)4SCC419; [1988]Supp2SCR942; [1989]72STC384(SC)

..... an illustration of the application of the rule is also furnished in the construction of section 2(d) of the prize competitions act, 1955. ..... the district magistrate as defined in section 3(c), is vested with the power of making an order of allotment under section 16(1)(a).in making such an order of allotment under clause (a) or 0n order of release of accommodation under clause (b) of section 6(1), the district magistrate clearly exercises a quasi-judicial function and therefore has duty to hear. ..... hospital, bombay, being definite matters of public importance, and for making a report thereon to the state government:now, therefore, in exercise of the powers conferred by section 3 and sub-section (1) of section 5 of the said act and of all other powers enabling it in this behalf, the government of maharashtra hereby appoints a commission of inquiry consisting of shri justice b. ..... performing such functions and within such time as may be specified in the notification, and the commission so appointed shall make the inquiry and perform the functions accordingly.section 4 vests in the commission the powers of a civil court while trying a suit under the cpc and reads as follows:4.powers of commission - the commission shall have the powers of a civil court, while trying a suit under the cpc, 1908 in respect of the following matters, namely:(a) summoning and .....

Khoday Distilleries Ltd. and ors. Vs. State of Karnataka and ors.

Court : Supreme Court of India

Reported in : JT1994(6)SC588; 1994(4)SCALE528; (1995)1SCC574; [1994]Supp4SCR477

..... hence the idr act confers on the central government power to make rules for the registration of existing undertakings and for regulating the production and development of the industries mentioned in the schedule and also for consultation with the provincial [now state] governments in these matters. ..... in this view of the matter, the court held that the prize competition which the respondents there were carrying on being of a gambling nature, could not be regarded as trade or commerce and as such, the respondents could not claim any fundamental right under article 19[1](g) in respect of such competitions nor were they entitled to the protection of article 301.34. ..... 3, 1958, the petitioners in that case had entered into contracts of purchase of copper with importers at bombay and calcutta, but before they could take delivery from the importers, the government of india in exercise of its powers under section 3 of the essential commodities act, 1955, issued on april 2, 1958 non-ferrous metal control order, 1958. ..... the court further held that the ethyl alcohol [price control] order issued by the central government in exercise of power conferred under section 18-g of the idr act did not explicitly or impliedly take away the power of the state government to regulate the distribution of intoxicating liquor by collecting a levy for parting away with its exclusive rights. .....