Court : Supreme Court of India
Reported in : AIR1975SC43; (1975)1SCC76; [1975]1SCR918
..... process must, therefore, remain pure and unsullied and it has been the endeavour of our law makers to secure this by making various provisions in the representation of the people act, 1951. section 123, sub-section (1) (a) is one such provision. it must, therefore, doubtless be construed so as to suppress the mischief and advance the remedy. but that ..... after the last date for withdrawal of candidature under section 37 is past comes within the mischief of section 123(1)(a)(a) of the representation of the people act 1951. the determination of this question turns primarily on the true construction of the words 'to withdraw or not to withdraw from being a candidate at an election' in ..... the appellant was held guilty are as follows:(1) that the appellant committed bribery within the meaning of section 123(1)(a)(a) of the representation of the people act, 1951 in so far as he, on march 10, 1972 made a payment of rs. l,000/- to chatru-one of the candidates--with the object of inducing him .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1970SC1417; (1970)2SCC44; [1971]1SCR249
..... account in determining the standard rent. reliance in that behalf was placed upon the definition of 'owner' in section 5(53) and section 193 of the calcutta municipal corporation act, 1951. section 5(53) defines 'owner' as including 'the person for the time being receiving the rent of any land or building or of any part of any land or ..... let from year to year, less,....8. that section did not contain a proviso in the form of the proviso to section 168(1) of the calcutta municipal corporation act, 1951. but the enactment of the proviso does not alter the law. this court in smt. padma debi's case(1) interpreted the words 'gross annual rent at which ..... small causes assessed rs. 30,240 as the annual value. the order was confirmed in appeal to the high court under section 183(3) of the calcutta municipal corporation act, 1951. with certificate granted by the high court, this appeal has been preferred.3. in this appeal the corporation claims that in determining the annual value of the premises the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC2676; 2003(4)ALD70(SC); JT2003(5)SC333; 2003(5)SCALE184; (2003)6SCC401
..... appellants' holdings in patna under the patna municipal corporation act, 1951 (hereinafter referred to as the act).2. a brief survey of the relevant provisions of the act is necessary before considering the facts of the case since the appellants' grievances are that the provisions of the act have not been followed in assessing the appellants' properties ..... the high court accepted the second contention of the appellants that the mode of publication of the assessment list prescribed under section 149 (1) of the act was mandatory. nevertheless, since the appellants had admittedly received notices under section 149 (2) and had filed applications for review under section 150, the high ..... revising the holding tax for the first time since 1978-79. however, the process was not completed in respect of the entire area covered by the act at the same time, but in three phases. according to the corporation, this was, because they were understaffed and were otherwise administratively handicapped. three .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1997SC2780; 1997(2)ALD(Cri)266; 1997CriLJ3397; 1997(2)Crimes82(SC); (1997)3GLR2245; JT1997(6)SC236; 1997(4)SCALE724; (1997)6SCC514; [1997]Supp2SCR234
..... pw-4, is a police officer?18. in this behalf, it is relevant to note the provisions of the bombay state reserve police force act, 1951 (for short, srpf act). section 2(a) of the act defines 'active duty' to mean a duty to prevent or investigate offences involving a breach of peace or danger to life or property and ..... a number or body of reserve police officers. section 19 of the act empowers every reserve police officer to be the 'police officer' as defined in bombay police act, 1951; the details thereof are not material for the purpose of this case. section 11 of the act postulates that reserve police officer shall be deemed to be in charge ..... short, the 'deceased'). the designated court acquitted the respondents of all the charges in sessions case no. 23 of 1989 through the special judge, rajkot appointed under tada act.7. the substratum of the prosecution case against the respondents was that on august 15, 1988, in sangram singh ji high school, gondal, flag hoisting ceremony (state function .....
Tag this Judgment!Court : Supreme Court of India
Reported in : JT1995(1)SC120; 1994(5)SCALE130; 1995Supp(1)SCC422; 1995(1)LC288(SC)
..... objection that the petition disclosed no cause of action as there was non-compliance with the provisions of section 83 of the representation of people's act, 1951 (hereinafter referred to as 'the act'), inasmuch as there was no concise statement of material facts. great stress was also laid upon the absence of a plea to the effect that ..... which were wrongly rejected, had not been specifically stated in the petition. the court ultimately held that material particulars, as required under section 83(1)(a) of the act, had not been given. it was held that the appellant had really attempted to embark upon a roving and fishing inquiry which was not permissible under the law. it ..... the obvious conclusion to be drawn from the circumstances is that the result of the election has been materially affected and that section 100( 1 xd) of the act is not intended to provide a convenient technical plea in a case where there can be no dispute at all about the result of the election being materially affected .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1993SC142; (1992)94BOMLR953; JT1992(5)SC408; 1992LabIC2430; 1992(2)SCALE491; 1993Supp(1)SCC708; [1992]Supp1SCR464; 1993(2)SLJ61(SC); (1993)1UPLBEC48
..... (running secondary schools) who were confirmed on 31.12.1965 and who are governed by the secondary schools code framed under the ex. m.p. secondary education act, 1951 (now repealed) should continue to get the said concession viz., 60 years of age as the age of retirement.(ii) it should not be binding on the ..... circular dated may 5, 1976 was issued wherein it was stated that 'in view of the repeal of the madhya pradesh secondary education act, 1951, the old secondary school code framed under the act will not govern the terms and conditions of service of the teachers serving in any of the secondary schools in vidarbha. in view of ..... state of madhya pradesh. the conditions of service of the appellants were governed by the provisions of the madhya pradesh secondary education act, 1951 (the act). the state government framed regulations (regulations) under section 20 of the act which came into force on february 18, 1953. chapter xii of the regulations was under the heading 'the school code'. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC852; 2002(1)ARBLR112(SC); [2002(2)JCR177(SC)]; JT2002(1)SC294; 2002(1)SCALE327; (2002)9SCC232; [2002]1SCR441; (2002)1UPLBEC814
..... in tikaramji's case (supra), mr. shanti bhushan contends that the articles relatable to the scheduled industry were finished products and not raw materials and therefore the industries (development & regulation) act, 1951 did not at all purport to cover or have any provisions therein relating to sugarcane. it was in this context the observations came to be made by this court in ..... to cover all aspects of that industry and may confine the regulation of that industry only with regard to the manufacturing part, as was done in the industries (development & regulation) act, 1951, then certainly there would be no repugnancy even if the state legislature makes a law dealing with the raw materials of the notified industry, provided the state law is referable .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC236; 1984(2)SCALE834; (1985)1SCC370; [1985]2SCR159
..... verified inasmuch as the source of information had not been mentioned. on behalf of the appellant, counsel drew our attention to section 83 of the representation of the people act, 1951. this point was examined by a division bench of the calcutta high court in the case of padmabati dasi v. rasik lal dhar ilr (1910) cal 259. we ..... to be disqualified for corrupt practice. corrupt practice makes the election liable to be set aside under section 100(1)(b) of the representation of the people act, 1951, hereinafter called the act which is as follows :100. grounds for declaring election to be void:(1) subject to the provisions of sub-section(2) if the high court is ..... 'for curbing communal and separatist tendencies in the country. it is proposed to widen the scope of the corrupt practice mentioned in clause (3) of section 123 of'1951 act and to provide for a new corrupt practice'. in order to determine whether certain activities come within the mischief of section 123(3), regard must be had to the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1985SC1133; 1985(1)SCALE1148; 1985Supp(1)SCC189; [1985]Supp1SCR622
..... whom election petitions are pending, it became urgently necessary to clarify the intention underlying the provisions contained in section 77 of the representation of the people act, 1951, namely, that in computing the maxi mum amount under that section any expenditure incurred or authorized by any other person or body of persons or political ..... lal gupta. the statement of objects and reasons of that bill reads thus:statement of object and reasons section 77 of the representation of the people act, 1951 provides that the total of the expenditure in connection with an election incurred or authorized by the candidate or his election agent between the date of ..... petition under article 32 of the constitution, he challenges the validity of explanation 1 to section 77(1) of the representation of the people act, 1951 (hereinafter referred to as 'the act') which gives a carte blanche to political parties to spend unlimited monies for the election of the candidates sponsored by them. in practice, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1976SC1141; [1976]103ITR135(SC); (1976)2SCC510; [1976]3SCR398
..... say, 500 less than the minimum shareholding requisite to earn the benefit of the third proviso to section 23a read with the explanation.23. further, between august 11, 1951 and may 1, 1952, a.k. jain and two employee-directors, the latter having a modicum of 10 shares each, apparently took all decisions for the company in ..... public' being interested, far less substantially interested, in this company. there was no one who could come within the term 'public' outside the ring of the shareholders acting in concert for their own ends with a common purpose. there is no evidence whatsoever in this case that the share holders did not cohere together in the matter ..... in deciding if there is such a controlling interest, there is no formula applicable to all cases. relationship and position as director are not by them selves decisive. if relatives act, not freely, but with others, they cannot, be said to belong to that body, which is described as 'public' in the explanation'. in jubilee mills' case ( .....
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