Court : Supreme Court of India
Reported in : AIR1978SC840; (1978)2SCC659; [1978]3SCR446; 1978(10)LC276(SC)
..... of an election petition filed by the appellant in the high court of kerala challenging the election of the respondent to the lok sabha from kozhikode constituency under the representation of the people act, 1951 (hereinafter referred to as the act). the election was held on 19th march, 1977 and the respondent having secured the majority of votes was declared elected to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC882; (1979)4SCC111; 1978(10)LC862(SC)
..... heavy outlay-a luxury which a third world country can ill-afford. too many appeals are counter-productive as a.p. herbert in 'uncommon law' has wittily driven home:the people may be taught to believe in one court of appeal; but where there are two they cannot be blamed if they believe in neither. when a man keeps two clocks .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC478; (1979)1SCC380; [1979]2SCR476
..... of publication of objectionable matter act, 1976; parliamentary proceedings (protection of publication) repeal act, 1976; the constitution (forty-second amendment) act, 1976; the representation of the people (amendment) ordinance, 1977; the disputed elections (prime minister and speaker) ordinance, 1977; and, the presidential and vice-presidential elections (amendment) ordinance, 1977. ..... suffered shocking treatment. in the words of the preamble, civil liberties were withdrawn to a great extent, important fundamental rights of the people were suspended, strict censorship on the press was placed and judicial powers were curtailed to a large extent.122. before proceeding further, ..... the parliament and various notifications and orders were issued by or under the authority of the central government, affecting the rights and liberties of the people. they are: the defence of indian (amendment) act, 1975; the conservation of foreign exchange and prevention of smuggling activities (amendment) act, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1979SC1084; (1979)4SCC93; [1979]3SCR1078
..... thereafter includes a residual clause leaving the definition of remaining categories of two other laws. these other laws must also be election laws. an example is the representation of the people act, 1951 which is relevant to article 102(1)(e) and article 191(1)(e) of the constitution. since section 15 of the nagpur corporation act ..... election petition merely out of speculative possibilities of success. the reasoning of the bombay high court not merely accords with the well-known criteria incorporated in the representation of the people act,. 1951 as well as in the rulings thereon by this court but also is in consonance with the election sense. it is true that there ..... dismiss appeal no. 356 of 1978. parties will bear their costs at this late stage when long litigation has kept in suspended animation the constituency's right to representation. v.d. tulzapurkar, j. 21. i have had the benefit of reading the judgment of my esteemed brother krishna iyer in these appeals whereby he proposes to .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC354; (1980)1SCC398; [1980]1SCR1148; 1980(1)LC12(SC)
..... ram and ors. : [1955]1scr608 in that case this court overruled the contention that section 123(5) and 124(5) of the representation of the people act, 1951, as the provisions stood at the time, were ultra vires articles 19(1)(a) of the constitution. section 124(5) ..... purpose, according to mr. nariman, section 123(3a) must be read with section 125 of the act. part vii of the representation of the people act, 1951 deals with 'corrupt practices and electoral offences''. section 123 is in chapter i of part vii which catalogues the corrupt ..... objectionable :9. the first paragraph of the speech as reported contains a statement that the society will not forgive the anti-religious league people, meaning the muslim league (opposition), because of their alliance with jansangh that had killed many muslims in northern india and also at ..... a.c. gupta, j.1. this is an appeal under section 116a of the representation of the people act, 1951.2. the election of the appellant to lok sabha from the manjeri .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1980SC1362; 1980Supp(1)SCC53; [1980]3SCR1302
..... in isolation. its scope, ambit and underlying object must be ascertained in the context of the act in which it finds its place, viz., the representation of the people act, 1951, and further in the context of the fact that this act itself was enacted in exercise of power conferred by the articles in part xv ..... preference vote'? an objection was taken on behalf of the returned candidate that the question violates the secrecy of the ballot as ensured by section 94 of the representation of the people act, 1951 ('act' for short), and, therefore, the question was impermissible. at that stage civil miscellaneous application no. 13-e of 1977 was presented ..... seat, inter alia, contending that the result of the election of the present appellant has been materially affected (i) by non-compliance with the provisions of the representation of the people act, 1951, and the rules made thereunder; (ii) by improper reception of votes in favour of respondent 1, and (iii) by commission of corrupt practice .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1981SC547; 1981(1)SCALE159; (1981)2SCC84; [1981]2SCR637
..... was successful in the election. his election was challenged by an election-petition primarily on the ground that he was disqualified under section 8(2) of the representation of the people act, because on the date of his election he stood convicted for an offence of imprisonment exceeding two years. before the election-petition was decided, the returned ..... person referred to in that entry is an elector for that constituency, unless it is proved that he is subject to a disqualification mentioned in section 16 of the representation of the people act, 1950.15. before the amendment of 1956, clauses (a) and (b) of sub-section (2) of section 36 read as under:the returning ..... a member of either house of parliament... ' 'if he is so disqualified by or under any law made by parliament'. under section 8(2) of the representation of the people act, 1951 which is a law made by parliament the appellant on account of his conviction and sentence exceeding two years, was disqualified at the date of scrutiny .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC710; 1982CriLJ340; 1981(4)SCALE1904; (1982)1SCC271; [1982]2SCR272
..... conferred by article 19, they infringed the guarantee of fair procedure and they did not provide for an impartial machinery for the consideration of the representation made by the detenu to the government. the constitution bench which heard the case considered these contentions and rejected them by holding that the misa ..... . shri jethmalani attacked the constitutionality of the very national security act itself on the ground that it is a draconian piece of legislation which deprives people of their personal liberty excessively and unreasonably, confers vast and arbitrary powers of detention upon the executive and sanctions the use of those powers by ..... view of the fact that the constitution, as originally conceived and enacted, recognizes preventive detention as a permissible means of abridging the liberties of the people, though subject to the limitations imposed by part iii, we must reject the contention that preventive detention is basically impermissible under the indian constitution.39. .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC149; 1981Supp(1)SCC87; [1982]2SCR365
..... arrears committee as far back as 1949. a very recent example of the conferment of the special jurisdiction on the high courts will be found in the representation of the people act by which the high court is empowered to hear appeals from the decisions of election tribunal.the fundamental rights conferred by the constitution and resort to ..... sit and act as judge of the high court under article 224a was not a judge of the high court for the purpose of section 80a of the representation of the people act, and (ii) that even assuming that he was a judge for the purpose of section 80a of the act, the election petition could not, after ..... high court should be accomplished by way of initial appointments rather than by transfers. furthermore, in implementation of this formula care must be taken to preserve the legitimate representation of steles and to maintain the sanctioned strength to each state.it will thus be seen that, barring perhaps the associations of bombay lawyers, all high powered bodies, .....
Tag this Judgment!Court : Supreme Court of India
Reported in : AIR1982SC949; (1982)1CompLJ217(SC); 1982CriLJ819; 1982(1)SCALE38; (1982)1SCC561; [1982]3SCR121
..... , 1978 an advertisement appeared in the 'hindu' in the name of firm, claiming falsely that its business was 'approved by the reserve bank of india'. since the representation was likely to mislead the public, the reserve bank advised the firm in may 1979 too issue a suitable corrigendum, which the firm did.28. on july 6, ..... the economic norms. the very basis of the so called contractual arrangement between the petitioner firm and its depositors is founded on the fraudulent device to assure the people with a high rate of interest, the major portion of which is paid through unaccounted for money, thereby encouraging growth (of such unaccounted for money in the ..... by any stretch of imagination be brought into the drag-net of clause (c). similarly, there are many other vocations and business activities in which, of late, people have been notoriously making quick money as, for example, the builders and real estate brokers. i cannot accept that the provisions of clause (c) are directed against any .....
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