Court : Supreme Court of India
Reported in : AIR2004SC2371; 2004(3)ALD50(SC); 2004(4)ALT4(SC); II(2004)BC397(SC); [2004]120CompCas373(SC); (2004)2CompLJ209(SC); 2004(2)CTC759; 110(2004)DLT665(SC); 2004(74)DRJ227; (200
..... in keeping with provisions as contained under section 69 of the transfer of property act regarding sale of security interest without intervention of the court like section 29 of the state financial corporation act, 1951 and section 176 of the contract act. it is submitted that the relationship between secured creditor and the borrower is a ..... contractual relationship and no question of adjudication arises at the stage of section 13(2) of the act. 31. shri a.m. singhvi has also ..... in public interest. certain decisions which have been relied on behalf of the respondents, on the point are 1951 scr p.292, ramaswamy aiyengar v. kailasa thevar. in that case by enacting the madras agriculturalist's relief act, relief was given to the debtors who were agriculturists as a class, by sealing down their debts. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC1570
..... illegal. during the pendency of the suit, on august 28, 1951, the madras hindu religious and charitable endowments act, 1951 (madras act xix of 1951) came into force. section 103 (i) of act xix of 1951 provided that all suits pending against the board under the provisions of act ii of 1927 might be continued against the commissioner of the hindu ..... , the board by its order dated february 12, 1682 held that the institution was outside the purview of the act. the board held that samadhis of this type could not come under the operation of the act, and the feeding of the pilgrims was not connected with service in any religious institution. shortly thereafter, sri ganapathiswamigal ..... and there are idols of vinayagar on either, side of the samadhi. there is an idol of a nandi over another samadhi.2. the madras hindu religious endowments act, 1926 (madras act ii of 1927) came into force on february 8, 1927. section 9(7) of the act defines 'math' as follows:'math' means an institution for the .....
Tag this Judgment!Court : Supreme Court of India
Reported in : (1971)3SCC303
c.a. vaidialingam, j.1. this appeal under section 116-a of the representation of the people act, 1951 (hereinafter to be referred as the act) is from the order and judgment, dated march 25, 1970, of the calcutta high court in election petition no. 1 of 1969, setting aside the election of ..... declaration that the third respondent has been duly elected in the said election to the west bengal legislative assembly. though the election petitioner alleged in the election petition various acts of corrupt practice, yet during the trial and at the final stage of hearing of the election petition he gave up several of these allegations. ultimately he pressed ..... relation to the personal character or conduct of the third respondent, which is one of the essential ingredients to constitute corrupt practice under section 123(4) of the act, the learned judge assumed that the facts mentioned in the evidence of rw 3 referred to above clearly lead to the conclusion that the statements related to the personal .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2000SC153; 1999(3)CTC569; JT1999(7)SC427; 1999(6)SCALE190; (1999)8SCC692; [1999]Supp3SCR162
..... . respondent no. 1 in the written statement raised certain preliminary points as to non-compliance of section 81(3) of the representation of people act, 1951 [hereinafter referred to as 'the r.p. act']. he also raised objections as to the manner in which the signature has been put and the verification made in the petition in violation of ..... section 83(1) and (2) of the r.p. act. he contended that the entire counting process had been conducted legally, regularly and correctly. he denied the allegation that the counting supervisor and the counting assistants were pro-left ..... petition) voted twice in either the same constituency of kunnathunadu or other constituencies. the votes cast by them are void under section 62(3) and (4) of the act. all the 36 persons have voted for the respondent.(ii) in addition to the above 36, 17 persons have voted in two polling stations. their names appeared in .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR2005SC547; JT2005(11)SC408; (2005)2SCC188
..... the high court of bombay on preliminary issues without any trial and have filed these two statutory appeals under section 116a of the representation of the people act, 1951 (in short 'the act' ) against two separate judgments of the same bench of bombay high court. since common questions of law and facts arose in both the appeals, they ..... out of which c.a. no. 6622/2003 arises, the appellant challenged the validity of the assembly election of siolim constituency, goa under section 86 of the act in which he contested but the respondent no.1 was declared elected. the election of the returned candidate was questioned inter alia on the ground that the returned ..... a certain amount of flexibility is envisaged. while an impermissible deviation from the original may entail the dismissal of an election petition under section 86(1) of the act, an insignificant variation in the true copy cannot be construed as a fatal defect. it is, however, neither desirable nor possible to catalogue the defect which .....
Tag this Judgment!Court : Supreme Court of India
Reported in : 2009AIRSCW6688; JT2009(13)SC355; (2010)157PLR378; (2009)10SCC170; 2009(9)LC4431(SC)
..... justice between the parties.(emphasis added)14. in the backdrop of the afore-stated principles, enunciated while dealing with election petitions under the representation of the people act, 1951 and conduct of election rules, 1961, as also under some of the state election laws, the moot question arising for consideration is as to what is ..... of the election petitioner and, therefore, 're-counting' of votes was illegal. it was alleged that since the returning officer had violated the provisions of the act and the rules framed thereunder and had committed 'certain' illegality, the election of the appellant was a nullity. it was prayed that the election of the ..... was declared thereafter.3. being dissatisfied with the election result, the election petitioner filed an election petition under section 176 of the haryana panchayati raj act, 1994 (for short `the act'). the election of the appellant was challenged on several grounds (all in paragraph 3 of the petition in the narrative form) viz. (i) on .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1960SC1355; 1960CriLJ1684; [1961]1SCR158
..... rice etc., under the provisions of the bengal rationing order, 1943, without a licence under s. 386 for the year, 1951-52, corresponding s. 437 of the c.m.c. act, 1951'. section 386(1)(a) of the calcutta municipal act is in these terms :- 'no person shall use or permit to be used any premises for any of the following purposes ..... does not intend the state to be prosecuted for such an offence. in the present case i find that under s. 81 of the act of 1923 (or the corresponding s. 115 of the act of 1951) the fines imposed by the magistrate will not go to the corporation but in the usual way to the state. under the circumstances ..... the relevant facts are these. on july 1, 1952, the corporation of calcutta made an application for summons under s. 488 of bengal act iii of 1923, which was substituted by west bengal act xxxiii of 1951, against 'the director of rationing and distribution representing the food department of the government of west bengal'. the offence complained of was 'for using .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1965SC183; [1964]6SCR750
..... . before the tribunal he restricted his case to the corrupt practices falling within cls. (2), (3) and (3a) of s. 123 of the representation of the people act 1951. his plea of undue influence falling within clause (2) failed before the tribunal and also before the high court, and it has not been relied upon before us. similarly ..... submitted, an appeal on the ground of language or religion and did not amount to a corrupt practice within the meaning of s. 123 of the representation of the people act, 1951. 3. the tribunal held, inter alia, that the 'om flag' was not a 'religious symbol' of the arya samaj, that no satisfactory proof was adduced that ..... latter, and such appeals constituted a corrupt practice. the high court accordingly allowed the appeal and declared the election of sidhanti void under s. 100(1)(b) of the act. against the order this appeal is preferred with certificate granted by the high court. 5. two principal questions which survive for determination in this appeal are : (1) .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1973SC2077; (1973)2SCC170; [1973]3SCR1016
..... . member, election tribunal 1964 d.e.c. 27. we may, therefore, look into the law regarding this matter. under section 81 of the representation of the people act, 1951 'an election petition calling in question any election may be presented on one or more of the grounds specified in sub-section (1) of section 100 and section 101 to ..... himself (the defeated candidate) as elected, it was the duty of the successful candidate to have filed a recrimination application under section 97 of the representation of the people act. this argument was based on the decision of this court in jabar singh v. genda lal : [1964]6scr54 . this court there referred to the earlier decisions on ..... coming to the conclusion that the circumstances under which the counting was carried out necessitated a recount.3. the recount was ordered to be done by four advocates acting as tellers, two from each side out of a list of four furnished by each side. both the parties and their respective counsel were permitted to be present .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1974SC505; 40(1974)CLT283(SC); (1974)1SCC526; [1974]3SCR114; 1974(6)LC136(SC)
..... p.n. bhagwati, j.1. this appeal is preferred under section 116a of the representation of the people act, 1951 (hereinafter referred to as the act) against the judgment of the orissa high court dismissing an election petition filed by the appellant challenging the election of the respondent to the orissa legislative ..... returned candidate whose election is challenged resigns or when the assembly is dissolved. as the law relating to abatements and withdrawal is exhaustively dealt with in the act itself no reliance can be placed on the provisions of the civil procedure code nor did the learned counsel for the respondent bring to our notice any provision in the ..... if the election petition were held to become in-fructuous on the dissolution of the assembly. the learned judge then proceeded to consider the relevant elections of the act and after referring to them, summarised his conclusion by saying : 'from the above provisions it is seen that in an election petition the contest is really between .....
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