Court : Andhra Pradesh
Reported in : AIR1990AP20
..... relevant statutory provisions do not empower the courts to award injunctions to restrain persons from sitting as members.....'.(the expression 'relevant statutory provisions' refers to (i) representation of the people act, 1949, part iii, which provides for a petition to the election court against validity of an election to the house of commons, which says that ..... exercise of their rights as citizens.....'.reference was made to s. 54(2) of the indian income-tax act, 1922 and s. 128(1) of the representation of the people act, 1951, by way of illustration. on the same principle, and having due regard to the high status and the political nature of the office of ..... impartial in action, but also in appearance. let us now analyse the code. it says :(a) a minister shall observe the provisions of the constitution, the representation of the people act. 1959, and any other law for thetime being in force;(b) before taking office as a minister, suchperson shall --(i) disclose to the prime minister, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR1992AP157; 1991(2)ALT496
..... as a criminal charge and the principle of preponderance of probabilities would not apply to corrupt practices.....'though this is said in cases arising under the representation of the people act, 1951 the same principles govern the questioning of elections under the andhra pradesh gram panchayats act, 1964 and the rules, and more so when ..... election tribunal in that case held that the election of the returned candidate could not be set aside under section 100(1)(d)(iv) of the representation of the people act, 1951 which provides that the election of the returned candidate shall be declared as void ifthe result of the election has been materially affected ' ..... dueto the said impersonation, rigging, etc. healso contends that the language of rule 51 ofthe rules is different from the language ofs. 83 of the representation of the people act,1951. he submits that the 1st respondent wasright in declaring the election of the petitioneras void.12. according to the learned counsel for the petitioner, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1992(1)ALT5
..... was stated that those statements are true to his information. whether they are inconsistent if so, whether such election petition is not in accordance with section 83 of the representation of peoples' act, 1951.issue no. 2:- whether the election petition was not presented in the high court in person. if so, whether it is contrary to section 81 ..... para 7-a to 7-h and para 8 are lacking in material particulars? if so, whether they are liable to be struck down under section 83 of the representation of peoples' act.issue no. 4:-whether the election agent of r.1 mr. bandalem ramamurthy naidu, stayed away along with agguna jayaraju and others for threatening the voters, ..... to be held in favour of the election petitioner. in view of the same the later limb of issue no. 2 does not arise.12. section 83 of representation of peoples' act (r.p. act) lays down that the election petition shall contain a concise statement of material facts on which the petitioner relies and shall putforth particulars of .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1993(3)ALT568
..... duly elected to the legislative assembly on 5-4-1993. the election petitioner filed the election petition for the reliefs mentioned above under the provisions of the representation of the people act, 1951, for short 'the act'.3. when the election petition was presented in the registry, it raised the following objections, among others:-(1) ..... the election petition, contended that the presentation of election petition and the procedure thereof are governed by 'rules to regulate the trial of election petitions under representation of the people act, 1951, for short 'the rules', framed by the high court as well as the code of civil procedure in view of section 87 of ..... the above, the learned judges made the above extracted observation in para 11 of the judgment. those observations will have no application to the present case. representation of the people act, 1951 underwent several amendments. corresponding section for section 85 in the act, as it stands now is section 86 in which section 82 is .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 1996(4)ALT175
..... water disputes act, 1956 and contended that the constitution and the law made under it has recognised the special nature of the inter-state water dispute and the representation of the cause of people of the state by the state in its sovereign capacity. he has drawn our attention to the judgment of the supreme court of united states in state of ..... of sound judicial discretion would prompt she court to leave the cause of the citizens/ people of the state in the hands of the government of the state as its arms are not limited to only a few representations of the public but extend to the whole populous of the state and as a party to the award/decision of the ..... one state or the other state and opportunity of being heard, of course not the hearing as understood in a proceeding in a court of law, but limited to the representation of the case in all aspects, and to decide by a specific order/direction the disputes and implement the decision of the tribunal or alternatively to frame a scheme or .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2000(6)ALD555; 2000(1)ALD(Cri)226; 2000(6)ALT438
..... of the state. neither the constitutional provisions nor the fields specified for legislation in the schedule-vii empower the state to legislate earmarking the representation by categorising the scheduled castes in the presidential order. (iii) the presidential order results in a list of scheduled castes which is an ..... of exploitation with an endeavour to eliminate inequality in status, facilities and opportunities, not only amongst the individuals but also amongst the groups of people irrespective of their residence, vocation, etc., to provide protective discrimination to minimise inequalities in favour of socially and educationally backward classes of citizens including ..... particular sub-caste of the scheduled castes. to ameliorate the benefit of reservation being usurped and provide an opportunity to a larger number of people in the category of scheduled castes, raju commission recommended steps to distribute the benefits equitably amongst scheduled castes, by dividing the 15% reservation .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(1)ALD423; 2002(2)ALT77
..... of india, : [1993]1scr891 , a constitution bench considered the validity of article 371f of the constitution of india and other relevant provisions of representation of peoples act, 1951 as amended by the election laws (extention to sikkim) act, 1976 wherein seats in sikkim assembly were reserved for certain categories was ..... (supra) cannot be applied fully in the instant case as therein the clause, which arose for consideration, was as regards reservation relating to representation of people. as indicated hereinbefore, reservation in relation to public employment and education is contrary to article 371d of the constitution of india. any reservation made ..... 309 of the constitution of india.25. rule 22 of the andhra pradesh state and subordinate service rules, 1996 which provides for reservation reads thus:special representation (reservation) :--(1) reservation may be made for appointments to a service, class or category in favour of scheduled castes, scheduled tribes, backward classes, .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2002(3)ALT332; 2002CriLJ2464
..... be pertinent to reproduce section 499 of indian penal code.'499. defamation - whoever by words either spoken or intended to be read, or by signs or by visible representations, makes or publishes any imputation concerning any person intending to harm, or knowing or having reason to believe that such imputation will harm, the reputation of such person, ..... now, from the bare reading of section 499 it becomes clear that any person by words either spoken or intended to be read or by signs or by visible representations makes or publishes any imputation concerning any person intending to harm or knowing or having reason to believe that such imputation will harm the reputation of such person is ..... there is a tendency to decriminalize the law of defamation with the media explosion and it is the duty of the press to make available information at large to the people which is in public interest. (f) although truth is a defence but it is conditional. even if section 499 i.p.c. is upheld truth should be .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : 2003(3)ALD159; 2003(2)ALT377
..... smt. ayesha begum.13. the learned counsel for the petitioners has further argued that on coming to know about the notices of the second respondent, the petitioners herein made a representation to the second respondent by enclosing a copy of the judgment in o.s, no.5 of 1963 requesting him to drop the proceedings under the notice on the ground .....
Tag this Judgment!Court : Andhra Pradesh
Reported in : AIR2004AP60; 2003(3)ALD762
..... for establishing the infrastructure, had entered into agreements with the board for supply of electricity and, therefore, had necessarily altered their position relying on these representations thinking that they would be assured of at least three years' period guaranteeing rebate of 10% on the total bill of electricity to be consumed ..... to resile from its promise or representation before expiry of the period of three years -board failed to substantiate the grounds for non-applicability of the principle of promissory estoppel.387. nextly ..... the board, as an instrumentality of the state, in its commercial interest to attract more consumers of electricity - when acting upon such promise or representation the new industries were established by spending huge money thus altering their position irretrievably, the board would be bound by the principle of promissory estoppel not .....
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