Court : Supreme Court of India
Decided on : Sep-14-2022
..... 9-a of the act; 3 (2006) 2 scc6824 (1982) 1 scc6917 21. the judgment of this court in srikant v. vasant rao and others, was rendered in the context of chapter iii of the representation of the people act 1951, in terms whereof a person could be held to be disqualified from being a member of the legislative assembly only on the grounds stipulated, and no other, which included a person having a subsisting contract with the state government for supply of goods.22. this court found on facts that the concerned candidate did not ..... for information on affidavit by issuing necessary order in exercise of its power under article 324 of the constitution of india from each candidate seeking election to parliament or a state legislature as a necessary part of his nomination paper, furnishing therein, information on the following aspects in relation to his/her candidature: (1) whether the candidate is convicted/acquitted/discharged of any criminal offence in the past if any, whether he is punished with imprisonment or fine ..... allowing election petition no.4 of 2018 and setting aside the election of the appellant to the mysore municipal corporation as councillor from ward no.36-yeraganahalli, karnataka. 23. sometime in 2018, the appellant filed her nomination for election to the mysore municipal corporation, as councillor from ward no.36- yeraganahalli in karnataka, which was reserved for backward class-b (women), along with a declaration by way of an affidavit, furnishing details of the movable .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-07-2022
..... court. in other words, they shall be referred to as the election petitioner and the successful candidate, respectively.3. succinctly stated, the facts giving rise to the instant appeal are as under:3. 1. a notification was published under section 15 of the representation of people act, 1951(hereinafter referred to as r.p. act), notifying the election of uttar pradesh state legislative assembly, inter alia, from 34 suar constituency, district rampur, uttar pradesh. as per the said notification, the last date for filing the nomination for contesting the election was 25.01.2017 and the poll was scheduled to be held on 15 ..... 16th december, 2019. submissions of the appellant 12. mr. kapil sibal, senior advocate appearing for the appellant, submits that there is a statutory presumption of validity of the nomination papers as reflected under para 6 of chapter vi of the handbook of returning officers, as held by a three judge bench of this court in rakesh kumar v. sunil kumar1 (para18) and later considered in uttamrao shivdas 1 (1999) 2 scc48910 jankar v. ranjitsinh vijaysinh mohite patil2 (paras 35, 40 and44) and further submits that the school/academic records .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-19-2022
..... , the nomination was required to be rejected.7. it would be apposite to notice that the result of the election in question was declared on 21.03.2017 and the election petition under consideration was filed on 27.04.2017. leaving aside other proceedings, the relevant aspect for the present appeal is that on 27.03.2018, the election petitioner (respondent no.1) moved an application, being interlocutory application no.2 of 2018, seeking permission to amend the election petition, so as to incorporate the averments in the following terms: 8a. it is submitted that as per section 33(a)(i) of the representation of the people act, 1951, a candidate ..... not seek to introduce a corrupt practice which is not previously pleaded. (iv) by implication amendment cannot be permitted so as to introduce material facts .10. the fasciculus of sections appearing in chapter iii of part vi of the act lays down the procedure for trial of election petitions. sub-section (1) of section 87 thereof provides that subject to the provisions of this act and of any rules made thereunder, every election petition shall be tried by the high court, as nearly as may be, in accordance with the procedure applicable under the code of civil procedure ( code for short .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Oct-13-2022
..... reported as ziyauddin burhanuddin bukhari v. brijmohan ramdass mehra & ors.5. this court was considering an appeal against the setting aside of election of the appellant under the representation of the people act, 1951 to the maharashtra state assembly on the ground of speeches made by him in the course of election campaign. it was held that the secular state, rising above all ..... reasonable accommodation principle is a component of the right of equality and the right against discrimination. the concept of reasonable accommodation arose in the context of accommodating a differently abled candidate, a member of the central railway police force to provide him an alternative suitable post.179. in jeeja ghosh, this court was considering the rights of a differently-abled ..... chapter 740 also gives the description of laws which have modified the mohammedan law. such statutes are as under: (i) the indian contract act, 1872. (ii) the usuary law repeal act. (iii) usurious loans act. (iv) the religious toleration act. (v) the freedom of religion act, 1850. (vi) the waqf validating act. (vii) the shariat act, 1937. (viii) the dissolution of muslim marriage act ..... to form a college development committee and to follow the guidelines as under:1. president mla of the respective constitution 2. vice president local representative nominated by the mla3 members1) 4 members from the students parents and among them 1 parent should be a female and 1 parent should belong to schedule caste/schedule tribe.2 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Nov-07-2022
..... change in (a) article 54, article 55, article 73, article 162 or article 241, or (b) chapter iv of part v, chapter v of part vi, or chapter i of part xi, or (c) any of the lists in the seventh schedule, or (d) the representation of states in parliament, or (e) the provisions of this article, the amendment shall also require to be ratified ..... slant and content: and history can furnish a safe and certain clue to their answer . after considering the history of the newly inserted provision (by the first amendment act, 1951) it was held that 24. looking back over the past thirty years of constitutional history of our country, we as lawyers and judges, must endorse the claim ..... ng earmarked for sc candidates, was adversely commented upon and held to be unconstitutional. the majority remarked importantly that the reason for backwardness of sc/st communities was due to historical causes and that the purpose of article 16(4) is to ensure that such people, because of 2 state of madras v. champakam dorairajan, 1951 scc351 (hereinafter, "champakam ..... relating to the reservation of seats for the scs and the sts in the house of the people and in the legislative assemblies of the states would cease to have effect on the expiration of a period of eighty years from the commencement of the constitution. the representation of anglo-indian community in the house of the parliament and in the legislative assemblies of the states by nomination, has already ceased by virtue of the 104th 23 amendment w.e .....
Tag this Judgment!Court : Supreme Court of India
Decided on : Jun-24-2022
..... t there is ground for presuming that the accused has committed an offence triable under chapter xix of the code.64. the appellant had also alleged about police inaction ..... begins with notification by the collector and district magistrate in the local newspaper and the eligible candidates are interviewed by a board comprising of principal sessions judge and district magistrate. such being the ..... , victims. case and naroda patiya but it would be unjust to spare those people case, but that by itself who conducted, cannot be a reason to partisan or negligent hold ..... sabarmati jail, ahmedabad) (iv) it is imperative, considering the nature and sensitivity of these nominated cases, and the history of the entire litigation, that senior judicial officers be appointed so ..... 1/2014 for offences punishable under sections 420, 406, 468, 120-b of the ipc and section 72 a of the information technology act, 2000, pointing out observations therein as to how the donation money collected by them in the name of sabrang trust on the representation ..... act 13 for short, the 1951 act 14 for short, the 1991 act 11 state-wide violence. be that as it may, the stated writ petition filed before the high court was finally dismissed on 2.11.2007, in which the court passed the following order: - 43. for the reasons stated above, present petition is dismissed. as the petitioners had not adopted the procedure of to file the complaint under section 190 r.w. section 200 of the criminal procedure code, the petitioner no.1 .....
Tag this Judgment!Court : Supreme Court of India
Decided on : May-19-2022
..... territory shall be treated as establishments of distinct persons. explanation 4.- a person carrying on a business through a branch or agency or representational office in any territory shall be treated as having an establishment in that territory; the agreements and their relevant stipulations 31. the ..... it. the consideration provided to it was fixed (15% markup over the actual costs incurred); the costs included the remuneration nominally paid by the assessee to the seconded employee. further, those were reimbursed. for a temporary period, the seconded employee was only ..... test postulates a combination of managerial and technical functions in the person of the employer i.e. what to modern eyes appears as an imperfect division of labour. [see prof. kahn-freund in (1951), 14 modern law review, at p. 505].27. it ..... identify the people and select the employees. ntms hereby agrees to second the employees to nos for time period(s) ("the secondment period") with commencement dates and completion dates, as reflected in appendix i and appendix ii of this agreement. appendix i and appendix ..... candidate;.. the provisions, post amendment in 2012 (w.e.f. 01.07.2012), read as follows: amended provisions of the act interpretations. 65b. in this chapter, unless the context otherwise requires, - xxxxxx xxxxxx xxxxxx (44) service means any activity carried out by a person for another for consideration, and includes a declared service, but shall not include- (a) an activity which constitutes merely, - (i .....
Tag this Judgment!