Judgment Search Results Home > Cases Phrase: representation of the people act 1951 chapter i corrupt partices Page 3 of about 670 results (0.041 seconds)

Sahodrabai Rai Vs. Ram Singh Aharwar

Court : Supreme Court of India

Reported in : AIR1968SC1079; 1968(16)BLJR810; 1968MhLJ697(SC); [1968]3SCR13

..... correct. before we come to these rival contentions we find it necessary to refer first to the relevant provisions on the subject. 7. section 81 of the representation of the people act occurs in chapter ii which is headed 'presentation of election petition to election commission'. it provides as follows : 'presentation of petitions : (1) ..... should have been annexed to the copy of the election petition served on the respondents. in this connection our attention was drawn to the provisions of the representation of the people act to which we shall refer presently. on the other side it was contended that whatever the meaning of the expressions 'the election petition', 'annexures ..... examining the law on the subject the learned judge came to the conclusion that the election petition should be dismissed under s. 86 of the representation of the people act and he accordingly dismissed it with costs. no other issue which was struck between the parties was gone into because the election petition failed .....

Prabhu Narayan Vs. A.K. Srivastava

Court : Supreme Court of India

Reported in : AIR1975SC968; (1975)3SCC788; [1975]3SCR552

..... given, the allegations made in the petition have to be ignored.this accords with the view which we have taken. furthermore, according to section 86 of the representation of the people act only petitions which do not comply with the provisions of section 81 or section 82 or section 117 are liable to be dismissed. we, therefore, overrule ..... court rules in respect of election petitions, which states that the rules of the high court shall apply in so tar as they are not inconsistent with the representation of the people act, 1951 or other rules, if any made thereunder or the cpc in respect of all matters including inter alia affidavits, was referred to. on the ..... of the respondent that the election petition should have been dismissed on the ground that it did not comply with the requirements of section 83 of the representation of the people act. this was on the basis that the affidavit filed in support of the election petition did not give details as to the material particulars in respect .....

Satya NaraIn Vs. Dhaja Ram and ors.

Court : Punjab and Haryana

Reported in : AIR1973P& H431

..... as the first respondent secured 19570 votes, that is, 108 votes more than the petitioner. the petitioner has also claimed a declaration under section 101 of the representation of the people act, 1951 that the petitioner be declared to have been duly elected. in the circumstances detailed hereinafter, it is not necessary to travel into the merits of ..... and also under the verification, it should be held that there has been substantial compliance with the requirements of sub section (3) of section 81 of the representation of people act, 1951 (hereinafter called the act) was left over to be decided after seeing the duplicate copy of the petition served on the respondent. at the joint ..... these preliminary issues referred to rule 12 of the 'rules of procedure and guidance in the matter of trial of election petition under part vi of the representation of the people act, 1951 as amended' which have been framed by this court and which have been published in chapter 4 part-gg of volume v of the .....

Dr. Vijay Laxmi Sadho Vs. Jagdish

Court : Supreme Court of India

Reported in : JT2001(1)SC382; (2001)2MLJ102(SC); 2001(1)SCALE63; (2001)2SCC247; [2001]1SCR95

..... court, in the circumstances, taking into account the implications arising under article 329(b) of the constitution of india read with section 80 of the representation of the people act, 1951, relating to election petitions prescribing the manner for presentation of the election petition by necessary implication stand clothed with such a statutory character which ..... b) written in the english language, numbering separately the paragraph thereof;(c) couched in proper language, and in conformity with section 81 82 and 83 of the representation of the people act, 1951.'article 329(b) lays down:'329. bar to interference by courts in electoral matters --(a) .. .. ..(b) no election to either house ..... election petition for non-compliance with the high court rules, in prabhu narain's case this court held:'further more according to section 86 of the representation of people act only petition which do not comply with the provision of section 81 or 82 or 117 are liable to be dismissed. we, therefore, over .....

K.V. Ramna Ram Son of Prakashrao Vs. Ereikal Son of BenjamIn Samuel Si ...

Court : Mumbai

Reported in : 1989(3)BomCR185

..... that must be regarded as a decision of the high court irrespective of the fact whether that decision was on merits or otherwise. this court also held that the representation of the people act does not provide for a remedy of review. this court, therefore, rejected the prayer of jagannathbhau patil. i fail to appreciate as to how the ratio laid in ..... of this assurance he gets some time to vacate, it amounts to estoppel. in fact estoppel contemplates three things; (1) the assurance of representation made by the party (2) the other party relying upon the truthfulness of this representation must act and (3) that act must result in prejudice to the other party so acting thereupon. in the present case, the respondent .....

Smt. Kulsumum Nisan Vs. Mohammad Farooq and ors.

Court : Allahabad

Reported in : AIR1969All479

..... in my opinion has no application to the facts of the present case. so far as the word 'trial' used in section 88 (3) of the representation of the people act is concerned, it was construed by the supreme court in the context of the various provisions contained in chapter iii of the said act and the analogy ..... the tribunal from time when the petition was transferred to it under section 86 until the pronouncement of the award. after discussing the various provisions of the representation of the people act the supreme court came to the conclusion that under section 88(3) the tribunal had power to allow particulars in respect of illegal or corrupt practices ..... c. p. c.5. learned counsel also invited my attention to harish chandra bajpai v. triloki singh : [1957]1scr370 . that was a case under the representation of the people act. the question turned on the interpretation of section 83 as to whether the tribunal seized with the election petition was empowered to order amendment of the petition under .....

Tata Global Beverages Limited, West Bengal Vs. Hindustan Unilever Limi ...

Court : Intellectual Property Appellate Board IPAB

..... (paragraph 24 of the judgment), the court could not exercise dispensing powers to waive non-compliance. the court relied upon sections 31, 83(l)(c) and 86 of the representation of the people act, 1951 read with rule 94- a of the rules there under to hold that non-compliance of the said provisions would leave the court with no option except ..... claims of the complete specification no.184038 are not invention within the meaning of the act? (vii)whether the petitioner proves that the patent was obtained on false suggestion or representation as alleged? (viii)whether the petitioner proves that the 1st respondent has failed to disclose to the controller the information required by section 8 or has furnished information, which in .....

Deepak Sharma Vs. Hardeep Kaur and Others

Court : Punjab and Haryana

..... .chinnasamy versus k.c.palanisamy and others.(2004) 6 scc341the supreme court culled out four principles in para.15 with respect to a case of re-count under the representation of the people act, 1951 and held that an order of re-count of votes can be passed when the following ingredients are satisfied: i) if there is a prima facie case ..... in connivance with the successful candidate and the sdm concerned; fake persons had cast votes in favour of the winning candidate or in the names of dead persons; votes of people living abroad were cast to the detriment of the loosing candidate. election rules and legal provisions were violated and therefore the election result was liable to be quashed on account .....

S. Iqbal Singh Vs. S. Gurdas Singh Badal and ors.

Court : Punjab and Haryana

Reported in : AIR1973P& H163

..... placed on observations in the halsbury's laws of england based on statutory provisions in the english laws. the act is principally based on the english representation of the people act, 1949. the fact that the parliament while incorporating all necessary and relevant provisions from the english act mutatis mutandis in the indian act deliberately ..... as a party under the provisions of the civil procedure code which are expressly made applicable, to the trial of election petitions subject to the provisions contained in the representation of the people act and the rules made thereunder.'68. same view was taken by the election tribunal, bombay, in (1951)1 ele lr 194, where it was ..... created and tribunals are constituted for the trial of election petitions.' (see harish chandra v. triloki singh, air 1957 sc 444, and section 86(7) of the representation of the people act, 1951). (5) 'the true scope of the limitation enacted in section 90(2) (now section 87(1) ) on the application of the procedure .....

D. Muralidhar Reddy Vs. Paga Pulla Reddy and anr.

Court : Andhra Pradesh

Reported in : AIR1964AP530

..... practices to establish the commission of such practices, beyond a reasonable doubt since, allegations as to corrupt practices within the contemplation of section 123 of the representation of the people act are of a quasi-criminal character, very strict proof is necessary to bring home the charge as in a criminal case.52. this principle finds ..... samithi of manopad with the object of influencing those voters all of which constitute corrupt practices within the terms of section 123(1)(b) of the representation of the people act and that he arranged meetings of his election campaign at several places some of which were addressed by the then chief minister, within twenty four ..... respondent, who secured 20,548 valid votes, the margin between the two being only 167.3. the respondent presented a petition under section 81 of the representation of the people act, 1951 challenging lie validity of this election and for a declaration that he was duly elected inter alia on the ground that the appellant got a .....