Court : Punjab and Haryana
Reported in : AIR1977P& H40
..... with either limb of the aforesaid twin submission. a bare reference to the basic election statute in the country, namely, the representation of the people act, 1951, would show that it is only in the case of such fundamental infirmities like the commission of a corrupt practice, the improper rejection of nomination papers ..... the constitutional mandateare given in the representation of the peopleact and the conduct of election rules1961 framed thereunder. section 100 of therepresentation of the people act is applicable as much to the elections held by this systemof proportional representation by means ofa single transferable vote as to any other election. the ..... president of india by virtue of article 55(3) and article 66(1). to effectuate the aforesaid constitutional mandate, the presidential and vice-presidential elections act, 1952 has been placed on the statute book and thereunder the presidential and vice-presidential ejection rules of 1952 have been promulgated. similarly article 80(4 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1994P& H77
..... party to mean an association or body of individual citizens registered with the commission as a political party under s. 29a of the representation of the people act, 1951. para3 provides for additional particulars to be submitted with an application for registeration as apolitical party to the commission. para 5 provides for classification of symbol ..... . in order to appreciate the legal arguments arising from such submissions it is necessary to refer to the provisions of the constitution, the representation of the people act, 1951, and the symbol order of 1968. the election commission is constitutional entity. chapter xv of the constitution specifically deals with the subject of elections. under art. ..... . with the two exceptions as aforesaid the election commission has complete control over the conduct of elections. the representation of the people act, 1951 is a complete code with respect to the conduct of the elections to the parliament as well as the stale assemblies. s. 29a of this .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1956P& H97
..... who is the only person having authority in the matter; (2) the order in question was passed in contravention of section 36, government of part c states act, 1951 (49 of 1951); (3) the order was passed behind the petitioner's back without affording any opportunity to the petitioner firm to show cause against the grant of license to the ..... and navy stores, new delhi.' it is contended by the respondents that this letter is an order authenticated under section 38(3), government of part c states act (no. 49) of 1951 and it must therefore be held that the order was made by the chief commissioner. i am, however, of the opinion that this provision of law has ..... . 7. the above discussion also disposes of the petitioner's claim that section 36, government of part c states act (no. 49) of 1951 has been contravened as in my view that section is applicable only to i executive acts of the government of the delhi state. 8. the learned solicitor general then urged that the petitioner has no legal .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1969P& H352
..... , shall be entitled to be registered ,in the electoral roll for that constituency. an 'elector' under the provisions of the representation of the people act, 1951 (hereafter called 'the 1951-act') is defined in relation to a constituency to mean 'a person whose name is entered in the electoral roll of that constituency for the time being ..... elected. on the 2nd of august 1968, kabul singh filed a recriminatory petition under section 97 read with section 101 of the representation of the people act, 1951.(after setting out the grounds and the issues in the election petition and the recriminatory petition, his lordship disposed of the issues arising in the election petition ..... which fall within the ambit of section 62 of the representation of the people act, 1951 (hereafter referred to as the '1951 act). the question, whether hari singh's vote is void or not, has arised in an election petition filed under the 1951 act. the grounds for declaring the election void are void are stated in section 100 .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1958P& H361
..... .21. agreeing with the findings of the tribunal on issue no. 6, i hold that the application of the appellant under section 13 of the displaced persons (debts adjustment) act, 1951, is time-barred.22-26. the parties' case on merits, which is the subject-matter of issue no. 5, may now be examined. (after examining the evidence his ..... now situate within the territories of pakistan, i do not agree. in para. 8 of the appellant's claim under section 13 of the displaced persons (debts adjustment) act, 1951, it was stated that the petitioner was a displaced person, while the respondents resided at gurdaspur.he then averred that the claim was within time under the provisions of ..... , j. 1. the appellant shri prem nath sole proprietor of firm prem nath pran nath submitted a claim under section 13 of the displaced persons (debts adjustment) act, 1951, for the recovery of rs. 43,891/2/9 principal and interest. the petitioner was doing business at lahore and on the partition of the country came to india .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1954P& H241
..... 1952 it is said that the provisions of section 2 of the east punjab requisitioning of immovable property (temporary powers) act, 1948, as amended by east punjab act 1 of 1951, hereinafter referred to as the requisitioning act, in so far as they permit the requisition of property falling within section 2(f) of the administration of ..... the position of law, the question that arises for decision is whether the provisions of section 2 of the requisitioning act as amended by east punjab act 11 of 1951 are inconsistent with the provisions of the act.10. now, it is settled law that the conditions required for a repeal by implication are stringent. indeed, ..... order which is 'ultra vires' because it contravenes the provisions of the evacuee property act. in other words, the provisions of the east punjab requisitioning of immovable property (temporary powers) act --8 of 1948. as amended by act 11 of 1951 cannot be used for the purpose of requisitioning or acquiring properties which fall within the .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1960P& H181
..... by this court on an assurance given on behalf of the state that the application of he petitioner would be considered according to law. on the 2nd september, 1951, the said application came up before the regional transport authority, ambala, who advised the petitioner to make an application through the u.p. government on a prescribed ..... and suspension of permit shall apply to the grant, revocation and suspension of countersignatures of permits'.a new proviso has now been added to it by the amending act which reads as under--'provided that it shall not be necessary to follow the procedure laid down in section 57 for the grant of counter-signatures of permits, ..... i.e., from sharanpur to ambala. the regional transport authority, ambala, at its meeting held on the 1st october, 1940, under the chairmanship of w. g. kennedy, acting chairman, passed an order that the petitioner may be allowed to have two counter-signatures on a u. p. permit. the services could be run under these counter-signatures .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1988P& H211
..... the operation of a previous order under which the chairman of a panchayat samiti had been suspended, expressed the view that the punjab panchayat samitis and zila parishads act, 1951, contains no provision for revoking or modifying the order of suspension pending the result of enquiry. we are unable to agree with this view of the learned ..... question whether a complainant is to be afforded an opportunity of hearing before revoking an order of suspension made under s. 102 of the punjab gram panchayat act, 1953(the act in short), as applicable to the state of haryana. before we go into the real question that has been referred to, we may notice a few ..... pending against him. against this order of the director dated august 14, 1985, the petitioner preferred the appeal before the commissioner under s. 102(5) of the act. though the commissioner originally stayed the rescinding order of suspension pending the appeal, later on he dismissed the appeal itself and revoked the stay order holding that it .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : AIR1986P& H119
..... observations:'the high court after examining the provisions of the capital of punjab (development and regulation) act 1951 read with s. 11 of the rent act held that statute prohibits conversion of residential building into non-residential by act inter vivos. it was said that the landlord and the tenant by their mutual consent cannot convert ..... the opening words thereof, namely, '.........unless there is anything repugnant in the subject or context.'23. if the provision of s. 11 of the act was merely intended to prohibit only the persons other than the landlord from converting a residential building into a non-residential building without the permission in writing ..... to whether a residential building rented out for non-residential purpose without obtaining the permission of the rent controller in terms of s. 11 of the act acquires the character of non-residential building or continues to remain a residential building or continues to remain a residential building, stands concluded in favour of .....
Tag this Judgment!Court : Punjab and Haryana
Reported in : [2006]134CompCas611(P& H); (2006)143PLR507; [2007]78SCL130(Punj& Har)
..... the premises of m/s indogem laminations (pvt.) limited, bathinda, the possession of which was taken by the corporation under section 29 of the state financial corporation act, 1951 (hereinafter to be referred as 'the act'). the petitioner has also sought permission to sell the mortgaged property of the company in liquidation.2. petitioner has advanced a term loan of rs. 45.59 ..... proceeds of the sale of the assets at the instance of the financial institutions under the recovery of debts due to banks and financial institutions act, 1993, or of financial corporations under the state financial corporation act, 1951, can only be with the association of the official liquidator and under the supervision of the company court. the right of the financial corporations stands .....
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