Court : Supreme Court of India
Reported in : AIR1990SC1851; (1990)2CompLJ89(SC); JT1990(2)SC516; 1990(1)SCALE900; 1990Supp(1)SCC397; [1990]3SCR157
..... of fair prices there under have also come up for consideration of the courts. there has also been such fixation of price under the industries (development & regulation) act, 1951, vide: premier automobiles v. union [1972] 2 scr 726. in all these cases, the primary concern of government and parliament has been that the articles in ..... up as a body corporate. it is now a statutory corporation constituted by and under the oil and natural gas commission act, (central act 43 of 1959, hereinafter referred to as 'the act'). the act provides for the establishment of a commission 'for the development of petroleum and petroleum products produced by it and for matters ..... policy, control has to be exercised over the distribution and consumption of the material resources of the community. thus while parliament has enacted the essential commodities act, it has left it to the discretion of the executive to take concrete steps for fixing the prices of essential commodities as and when necessity arises, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC859; [1966]3SCR120
..... suit (no. 103 of 1954) wasinstituted on the 13th september, 1954, under s. 87 of the madras hindureligious and charitable endowments act (no. xix of 1951) (hereinafter called'the act'), in the court of the district munsif at turaiyur. 2. respondents 1 to 3 who have been appointed as trustees of the said templeby ..... the temple; and on the basis of the said certificate,they had filed an applications before the magistrate having jurisdictions inthe area under s. 87 of the act for the possession. notice of this applicationwas served on the appellants and they pleaded their own title to theproperties. the magistrate, however, over-ruled claim made ..... constituted trustees for the said temple. thisnotice was served on witness raju iyer and amrithalinga iyer, chinnasamy iyer,and rangaraja raddiar, who were performing the worship and acting as de factomanagers of the temple. it is remarkable that this notice describedamrithalinga iyer and chinnasamy iyer as de facto trustees of the temple. 25. it .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2001SC3924; JT2001(7)SC439; 2001(5)SCALE599; (2001)8SCC358
..... the petition is accompanied by an affidavit in form 25 as required by proviso to sub-section (1) of section 83 of the representation of the people act, 1951 (hereinafter, 'the act') and rule 94-a of the conduct of election rules, 1961 (hereinafter, 'the rules'). the affidavit so filed has been sworn before a commissioner of oaths ..... of attack in the said petition was that respondent no. 1 indulged in corrupt practice as contemplated in section 123 of the representation of people act, 1951 (hereinafter referred to as 'the act') among other grounds, hence, he had prayed that the declaration made in favour of respondent no. 1 be set aside and he be declared ..... contained in the original and, therefore, the copy was objected to as being defective and amounting to non-compliance with the requirement of section 81(3) of the act. the case was placed before the constitution bench specifically for reconsidering the three-judges bench decision in dr. shipra v. shanti lal khoiwal : [1996]3scr1175 : [ .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC3105; 2002(3)BLJR2544; JT2002(6)SC446; 2002(6)SCALE192; (2002)7SCC289; [2002]SUPP2SCR99; 2002(2)LC1279(SC)
..... poal, who was the election agent of said respondent no. 5, filed the election petition under section 81 of the representation of people act, 1951 (hereinafter referred to as 'the act') challenging the election of the appellant on various grounds including the ground of commission of corrupt practice. in accordance with the prescribed procedure, ..... hande & ors. etc. : [1983]2scr629 : [1983]2scr629 . mr. srinivcasan, learned counsel appearing for the respondent, on the other hand contended, that the act having provided for deposit of rs. 2,000/- as security for the cost with the sole purpose of discouraging frivolous election petition and for compensating the parties on the ..... petitioner shri shivaji rao poal, and therefore, the election petition ought to have been dismissed for non-compliance of the mandatory requirements of section 117 of the act as provided in section 86(1). mr. javali, the learned senior counsel relied upon the decisions of this court in the case of aeltemesh rein vs .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2002SC3524; (2003)1CALLT35(SC); JT2002(8)SC176; 2002(7)SCALE361; (2002)8SCC467; [2002]SUPP3SCR141; 2002(2)LC1473(SC)
..... the election is my fundamental right. i want to exercise that fundamental right by contesting the ensuing assembly election. in view of section 9a of the representation of people act, 1951, the existing contract between me and the government is causing me undue hardship and is coming in the way of my contesting he ensuing assembly election. having regard ..... the state and resultantly there was unilateral or bilateral termination of the contract.42. our conclusion is that the returned candidate suffered a disqualification under section 9a of the act for contesting the election as the contract between him and the irrigation department of state of karnataka subsisted for 10 per cent of remaining work. his election is, ..... dharmadhikari j.1. this is an appeal under section 116a of the representation of people act 1951( for short 'the act') against the order dated 10th april 2001 passed by the high court of karnataka at bangalore dismissing election petition no. 13/99 filed by the present appellant .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2007SC1984; 2007(2)CTC273; 2007LC(SC)1166; (2007)4MLJ723(SC); 2007(7)SCALE392; (2007)5SCC447; 2007AIRSCW3752; JT2007(7)SC613;
..... supply is consumed in the process of manufacturing or producing the principal product in any industrial undertaking licensed under the industries (development and regulation) act, 1951 (central act lxv of 1951), no electricity tax shall be payable on the energy so consumed for a period of three years from the date of the commencement of ..... section 3 on the sale of electricity by a licensee to the persons nominated thereunder. it contains almost an identical provision of the 1939 act. the 2003 act provides for a complete machinery for assessment of the electricity duty payable. it also provides for an appeal from an order of assessment of ..... , it is stated:the distinction between consolidating statutes and other statutes for purposes of interpretation is being obliterated. recent decisions have emphasised that a consolidation act should be interpreted according to normal canons of construction and recourse to repealed enactments can be taken only to solve any ambiguity, for the process of .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC66; (1974)3SCC425; [1974]1SCR822
..... and 9. thus the scope of inquiry is much narrower in the appeal.issue no. 2 :4. section 100 of the representation of the people act, 1951 (hereinafter called the act) specifies the grounds on which the election of a returned candidate may be set aside. according to section 100(1)(d)(iii), the election may be ..... the literacy and multilinguality of the adverse party will determine the admissibility of document. this interpretation of section 161 is absurd as well as impracticable. the evidence act itself, furnishes cogent evidence against this interpretation. according to section 98, evidence may be given to show the meaning of illegible or not commonly intelligible characters, ..... has submitted that their evidence is inadmissible. in this connection it will be necessary to refer to sections 159, 160 and 161 of the indian evidence act.section 159. a witness may, while under examination refresh his memory by referring to any writing made by himself at the time of the transaction concerning .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1966SC1457; [1966]3SCR283
..... that of the legislature which enacted the section. any amendment of the section in 1946 would have clear authority even under the act of 1935. and the some may be said of the madras hindu religious and charitable endowments act, 1951 vis a vis the constitution. 30. the theory that contracts between the secretary of state for india and the inam holders ..... argument to be advanced which the high court was not invited to consider. in the high court the validity of s. 44-b of the madras act and s. 35 of the act of 1951 was considered from the point of view of the powers of the provincial legislature when the former was enacted and from the angle of the constitution in ..... prescription. the resumption was characterised as a forfeiture and was said to be void under s. 299 of the government of india act, 1935 and arts. 31 and 296 of the constitution. madras hindu religious and charitable endowments act (xix of 1951) which by s. 35, reenacts s. 44-b was further said to be void as, it was said, it seeks .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (2009)5MLJ587(SC); 2009(3)SCALE22; (2009)3SCC200; 2009(2)LC850(SC):2009AIRSCW2819
..... directions given by delhi high court in the writ petition filed by association for democratic reforms and another, the representation of the people act, 1951 (for short `the act') was amended by amending act no. 3 of 2002 and section 33a and section 33b were inserted in it. people's union for civil liberties challenged the ..... finance to make investigation/enquiry against each of the defaulting political parties and initiate necessary action including penal action under section 276cc of the income tax act. while dealing with the powers of the commission under article 324, the court held as under:superintendence and control over the conduct of election by ..... a fundamental right as enshrined in chapter iii. merely because a citizen is a voter or has a right to elect his representative as per the act, his fundamental rights could not be abridged, controlled or restricted by statutory provisions except as permissible under the constitution. if any statutory provision abridges fundamental right .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2003SC2629; 2003(3)ALD82(SC); 2003(2)ARBLR5(SC); (2003)3CompLJ1(SC); [2003(4)JCR148(SC)]; JT2003(4)SC171; 2003(4)SCALE92; (2003)5SCC705; [2003]44SCL89(SC); [2003]3SCR691
..... and the procedure. in harish chandra bajpai v. trilok singh : [1957]1scr370 , while dealing with sections 90 and 92 of the representation of the people act, 1951 (as it stood), this court observed thus:--'it is then argued that section 92 confers powers on the tribunal in respect of certain matters, while section 90( ..... depending upon the context in which it is used. lacking precedent the court has to give its meaning in the light and principles underlying the arbitration act, contract act and constitutional provisions.16. for this purpose, we would refer to few decisions referred to by the learned counsel for the parties. while dealing with ..... claims. for interest on delayed payments to small scale and ancillary industrial undertakings, the provisions of the 'interest of delayed payments to small scale and ancillary industrial undertakings act, 1993 will govern.'38. mr. desai referred to the decision rendered by this court in delta international ltd. v. shyam sundar ganeriwalla and anr. : [ .....
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